Self-defense is an important regulation included in the Turkish Penal Code (TCK) that covers crimes committed by a person in order to defend themselves or others. So how long does self-defense last, what are the legal limits of this situation?
What is Self-defense?
Self-defense is the situation in which a person responds proportionately to a sudden threat in order to defend themselves or others. In law, a person who has been “unjustly attacked” may respond proportionately to the attack in order to ward off this attack. However, the principle of proportionality is important in this defense; that is, the defense must be directly proportional to the attack.
Duration and Limits of Self-defense
Self-defense is not considered a crime in the Turkish Penal Code; because the person acts for defensive purposes. However, the duration and limits of defense are important. So how long can a person exercise self-defense and what are the legal limits of this period?
Continuation of the Attack: Self-defense is limited only to the momentary and ongoing duration of the threat or attack. In other words, a person can defend themselves when they are attacked, but the defense ends after the attack ends. If a person continues to defend themselves after the attack ends, this situation is no longer legally considered self-defense and the person is criminally liable.
Attack and Defense Must Be Proportionate: The type of defense used is as important as the duration of the defense. In other words, the defense shown in response to the attack must be proportionate. Otherwise, for example, using excessive force means going beyond defense and this situation can be considered as causing unjust harm.
Evaluation of the Process: The duration of self-defense varies according to the course of the incident. The longer the attack lasts, the longer the defense can last. However, if the defense continues after the attack ends, the person loses the right to defense.
Legal Consequences of Self-Defense
Since self-defense is an action taken solely for defensive purposes, it is generally not considered a crime. However, if the defense period is exceeded or disproportionate force is used, the situation may be different. In that case, the person who enters into defense may be held criminally responsible for the crimes of using excessive force or causing harm to another person unjustly.
As a result, the self-defense period is limited to the period during which the attack continues. When this period ends, the defense ends and the right to defense is eliminated. The duration of the defense will be evaluated together with the legal limits of the defense made by the person.
