What are Self-Defense and State of Necessity?

What are Legitimate Defense and the State of Necessity?

In this article, I will try to provide information to you, my dear readers, on what legitimate defense and the state of necessity are, as regulated in the Turkish Penal Code, and what their conditions are.

Legitimate defense and the state of necessity, which are regulated in detail in Article 25 of the Turkish Penal Code;

LEGITIMATE DEFENSE AND THE STATE OF NECESSITY

Turkish Penal Code Article 25- (1) No punishment shall be imposed on a perpetrator for acts committed with the necessity to repel an unjust attack that is directed against a right belonging to oneself or another, which has occurred, or whose occurrence or repetition is certain, in a manner proportionate to the attack according to the circumstances and conditions of that moment.

(2) No punishment shall be imposed on a perpetrator for acts committed with the necessity of rescuing oneself or another from a grave and certain danger directed against a right belonging to oneself or another, which the perpetrator did not intentionally cause and which could not be averted by any other means, provided that there is proportionality between the gravity of the danger and the subject matter and the means used.

is regulated as follows.

Legitimate defense is known as self-defense among the public. As can be understood from the text of the law, it is understood as an action taken to prevent an attack in a manner proportionate to the attack within the possibilities and circumstances of the moment against an unjust attack directed at oneself or another. Legitimate defense is regulated in the Turkish Penal Code as a ground for justification to prevent an attack and stop it from escalating. The point that must be paid the most attention to in this case is the use of force in accordance with the principle of proportionality. If a person uses proportionate counter-force to protect themselves, they avoid receiving a penalty in accordance with the provisions of legitimate defense. Furthermore, in the event of exceeding the limit, which is regulated in Article 27 of the Turkish Penal Code;

Turkish Penal Code Article 27- (1) In cases where the limit is exceeded without intent in grounds for excluding criminal liability, if the act is also punishable when committed by negligence, the penalty specified in the law for the negligent crime shall be imposed by reducing it by one-sixth to one-third.

(2) If the exceeding of the limit in legitimate defense arises from an excusable excitement, fear, or panic, no punishment shall be imposed on the perpetrator.

is regulated as follows.

As for the state of necessity, which is regulated in the second paragraph of Article 25 of the Turkish Penal Code; it consists of acts committed to save oneself or another from a grave and certain danger directed at their right, against which there is no other way to be protected. To give an example, if a police officer causes an injury by hitting someone with a car to stop a person who is firing a weapon, the police officer should not be punished as they benefit from the state of necessity.

Certain conditions are required for legitimate defense to occur. Specifically;

There must be an attack for a state of legitimate defense.

There must be an unjust attack for legitimate defense.

The attack must be directed at a right that can be protected by legitimate defense.

In legitimate defense, the attack and the defense must be simultaneous.

Defense must be necessary for legitimate defense.

Legitimate defense must be exercised against the attacker.

In legitimate defense, the attack and the defense must be proportionate.

Lawyer Gizem GONCE