Conditions for Self-Defense
Self-defense refers to a person’s defense in order to prevent an attack on themselves or others. It is regulated in Article 25 of the Turkish Penal Code. Self-defense is considered a lawful behavior in terms of criminal law under certain conditions. The conditions for self-defense are discussed in detail below.
1. Threat or Attack
Explanation: The first condition that requires self-defense is the existence of a concrete threat or attack. A threat is a threat to a person’s life, property or physical integrity.
Example: If a person states that they intend to attack another person on the street, this situation may give rise to the right of self-defense.
2. Attack Takes Place
Explanation: The occurrence of a threat or attack reveals the necessity of self-defense. Threat alone is not sufficient for self-defense.
Example: When a person physically attacks another person, the person who is attacked can use the right of self-defense.
3. Principle of Proportionality
Explanation: The act of self-defense must be proportionate to the extent of the attack. Proportionality refers to the balance between the intervention used and the attack.
Example: If a person punches another person, he is expected to respond only with a punch. However, responding with a knife may be considered a disproportionate action.
4. Urgency
Explanation: Self-defense is valid when the attack occurs immediately. A defense against a past attack is not considered self-defense.
Example: When a person is attacked while returning home one night, an instantaneous reaction to defend himself may be considered self-defense. However, an attack that was planned in advance due to an incident that occurred the previous day cannot be considered within the scope of self-defense.
5. Intentionality of the Attacker
Explanation: Legitimate defense is valid when the attacker commits a deliberate act. Intentional attacks constitute situations that require self-defense.
Example: A person using a weapon to harm another person provides a justification for self-defense. However, self-defense cannot be applied if a person accidentally harms someone.
Legitimate defense is an important legal concept for individuals to protect their own rights. However, it is considered valid if the conditions stated above are met. In each case, whether the right to self-defense is used or not will be evaluated according to the specific circumstances of the incident and concrete evidence.
It should not be forgotten that every situation regarding self-defense should be evaluated on its own merits and it is always beneficial to receive legal support in this regard.
