Self-Defense (TCK Article 25) and Crossing the Border (TCK Article 27)

TCK Article 25 regulates self-defense as a reason for compliance with the law: "The perpetrator will not be punished for the acts committed with the obligation to repel an unjust attack, which is directed against a right belonging to himself or someone else, which has occurred, is certain to occur or be repeated, in proportion to the attack according to the circumstances and conditions at the time."

Conditions of Legitimate Defense

• Attack:
  • Real (not fake/delusional).
  • Unlawful (unauthorised, unauthorized).
  • It has happened, it is certain to happen, or it is certain to happen again.
  • Directed to a right (life, body, property, sexual immunity).
• Expulsion:
  • Made against attack.
  • It was done "at that moment" (action taken after the attack is over is not defense).
  • Necessary (obligation).
  • Proportional.

"Proportionality" Criterion

The defense must be proportionate to the severity and nature of the attack. The Supreme Court's assessment:

• Intensity of attack (fist vs. knife).
• Physical/age status of the perpetrator.
• Physical/age condition of the victim.
• Duration of the attack.
• Possibility of calling for help.
• Possibility of escape.

Exceeding the Limit (TCK Article 27)

When the limit of legitimate defense is exceeded:

• Art.27/1 — Exceeding the ordinary limit: The penalty is reduced (1/4-2/3).
• Art.27/2 - Excusable excitement, fear, rush and excess: Punishment is not imposed; The person will not be punished again.

Which Situations Are Excusable?

• Unexpected night attack (on awakening).
• Attack against family members.
• An attack that takes advantage of the woman's unarmed physical weakness.
• Perpetrator status in attacks against the elderly and children.
• Extremely intense, unexpected threat.

Supreme Court 1st CD and CGK — Established Approach

1. In the self-defense assessment, CD and CGK evaluate the perpetrator's "real position at that moment" (psychological, physical) and "the severity of the attack" together; It uses the "reasonable person at the time of the incident" criterion instead of a later external evaluation. In exceeding the limit, the concept of "fear and alarm" must be supported by concrete evidence (trembling, risk of fainting, raising voice, search for escape).

"First to Strike" Limit

If the perpetrator himself initiated the attack or created a provocation, self-defense is not applied. However, if the first attack was small-scale and the other party reacted excessively (for example, the difference between fist and knife), the defense comes into play again.

Housing Defense

In attacks on residences, workplaces or extensions, the "proportionality" measure is evaluated more flexibly; The special status of the house is taken into account.

Practical Considerations