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What is Self-defense?<\/p>\n
Self-defense, regulated in Article 25 of the Turkish Penal Code, is the situation in which a person rightfully resists an attack against another person in order to protect himself, another person or his property. In order for this defense to be valid:<\/p>\n
There Must Be an Attack: Self-defense emerges as a defense against an attack. The attack can be physical violence, threats or other unjust acts.
\nThe Attack Must Prevent Future Dangers: The attack must really and imminently pose a danger.
\nProportionality: The defense made must be proportionate to the attack and unnecessary excessive force must not be used.
\nDecision to be Made in Case of Legitimate Defense<\/p>\n
Legitimate defense does not create criminal liability if the severity of the attack and the defense are proportionate. Legitimate defense can be evaluated legally in the following ways:<\/p>\n
Extinction of Criminal Liability: Legitimate defense eliminates the criminal liability of the person who resists the attack. In other words, if the person uses excessive force while defending and this excessive force is proportionate to the attack, no punishment is given.<\/p>\n
Proportionality Principle: Legitimate defense is only valid in case of proportionate defense. If the defense involves excessive and disproportionate violence, the provisions of self-defense do not apply and the person is punished. For example, inflicting a disproportionately serious injury in the face of a threat may not be considered self-defense.<\/p>\n
A Real and Immediate Threat: Before moving on to defense, the attack must pose an imminent and real threat. If a person responds without being attacked, based solely on suspicion and fear, this is not considered self-defense.<\/p>\n
Excess of the Right to Defense: If the right to defense is exceeded within the scope of self-defense, a situation constituting a crime occurs. This can be evaluated under the name of “excessive defense” (unjust provocation) and a certain amount of sentence reduction can be applied to the person.<\/p>\n
Legal Process in Cases of Self-defense<\/p>\n
In cases of self-defense, no lawsuit is filed against the victim and the person making the defense is not found guilty. However, the trial process is carried out by taking into account various elements:<\/p>\n
Evaluation of the Incident: Issues such as the conditions under which the person making the defense made the defense, the nature of the incident and the intention of the attacker are carefully examined.
\nExamination of Witnesses and Evidence: Witness statements, evidence collected in the heat of the incident (images, reports, etc.) play an important role in determining whether self-defense occurred.
\nReality and Urgency of the Attack: Whether the defense was actually made against an attack is also important. Which party initiated the attack is considered one of the elements of the crime.<\/p>\n
If legitimate defense is determined, the person’s criminal liability is eliminated and the person may be acquitted. However, in cases where disproportionate force is used, the court may evaluate the person’s defense as unjust provocation or similar situations and apply a sentence reduction.","protected":false},"excerpt":{"rendered":"
According to the Turkish Penal Code (TCK), self-defense means resisting an attack in order to defend oneself, one’s relatives or one’s property. Self-defense, as a fundamental right of defense, is a situation that eliminates criminal liability within the framework of a just cause and the principle of proportionality. In this article, we will focus on […]<\/p>\n","protected":false},"author":12,"featured_media":12996,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-12995","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/12995","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=12995"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/12995\/revisions"}],"predecessor-version":[{"id":12997,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/12995\/revisions\/12997"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/12996"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=12995"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=12995"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=12995"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}