Self-Defense Limits and Supreme Court Decisions in Turkey

Self-Defense (Meşru Müdafaa) is a fundamental human right recognized by TCK Article 25. The law states: “No punishment shall be given to a person who performs an act immediately necessary to ward off an unjust attack aimed at his own or another’s right.” However, Hollywood movies mislead people. Shooting someone simply because they stepped on your lawn is usually Murder, not self-defense.

Conditions for Legitimate Defense

For an act to be self-defense, ALL following conditions must be met:

1. Existence of an Attack: There must be an active, ongoing, or immediately imminent attack.
   • Not Self Defense: The attacker hit you yesterday. Breaking his nose today is Revenge (Haksız Tahrik), not Defense.
2. Unjust Nature: The attack must be illegal.
   • Not Self Defense: You cannot use self-defense against a police officer lawfully arresting you.
3. Necessity: The defense must be necessary to stop the attack.
   • Pre-Conditions: Could you have easily run away? (Turkish law doesn’t strictly force retreat in one’s home, but on the street, it’s a factor).
4. Proportionality (Orantılılık): The most critical element. The tool and intensity of the defense must match the attack.
   • Fail: Attacker slaps you -> You shoot him. (Disproportionate).
   • Pass: Attacker comes at you with a knife -> You shoot him in the leg. (Proportional).

Exceeding the Limits (Sınırın Aşılması) - TCK 27

What if, in the heat of the moment, you go too far?

• Intentional Excess: You shoot the attacker 10 times after he falls. -> Punished for Intentional Homicide (maybe reduced due to provocation).
• Excusable Excess (Fear/Panic): TCK 27/2 says: “If the limit is exceeded due to excusable fear, panic, or anxiety given the circumstances, no punishment is given.”
  • This is the “Safety Valve.” The judge recognizes that a person facing death cannot calculate calmly like a chess player.

Supreme Court (Yargıtay) Approach

The Supreme Court is strict.

• “Shoot to Stop, Not to Kill”: If you have a gun, aiming for vitals (head/chest) instead of legs can be seen as “Intent to Kill” rather than defense, unless the threat was immediate death.
• “Attack Ended”: If the attacker turns their back to flee and you shoot, it is never self-defense.

Conclusion

Self-defense cases are forensic puzzles. Ballistic reports (distance of shot, angle), medical reports (severity of attack), and witness statements determine whether the defendant walks free as a hero survivor or goes to prison as a murderer.

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