TCK Article 25: "The perpetrator shall not be punished for the acts committed with the obligation to repel an unjust attack, whether directed against his own right or the right of someone else, which is certain to occur or be repeated, in proportion to the attack according to the circumstances and conditions at that time."
Conditions
- Attack: real, unlawful, occurred or repeated. absolutely
- Expulsion: proportional and mandatory
- Balance between attack and expulsion
Exceeding the Limit (TCK art. 27)
- If exceeded with excusable excitement, fear, rush: no punishment
- In other cases: punishment download
Supreme Court CGK Approach
CGK evaluates the perpetrator's "real position at that moment" (psychological, physical) and the "severity of the attack" together in the self-defense assessment; No external evaluation is made afterwards.
Typical Situations
- Defense against the thief
- Defense against sexual attack
- Protection of family members
- Using weapons against the threat
Criminal defense attorney support is recommended.