Legitimate defence and necessity

Legitimate defence and necessity are grounds that remove criminal liability: no penalty is imposed on the offender for acts committed under these conditions.

Legitimate defence (TCK 25/1)

No penalty is imposed on an offender for acts committed out of the necessity to repel, at that moment and in proportion to the attack in the circumstances, an unjust attack against a right belonging to themselves or another that is taking place, or whose occurrence or repetition is certain.

Conditions:

• Unjust attack: the attack must be unlawful.
• Immediacy: the attack must be taking place, or its occurrence or repetition must be certain. Responding to an attack that has ended is not legitimate defence.
• Necessity and proportionality: the defence must be necessary to repel the attack and must remain proportionate to the attack in the circumstances.

Necessity (TCK 25/2)

No penalty is imposed for acts committed out of the necessity to save oneself or another from a serious and certain danger against a right, which the person did not knowingly cause and from which there is no other means of protection. There must be proportionality between the seriousness of the danger and the subject matter and the means used.

Exceeding the limits (TCK 27)

• If the limits are exceeded without intent and the act is also punishable when committed negligently, judgment is given with the penalty for the negligent offence reduced by one sixth to one third.
• If exceeding the limits of legitimate defence results from excusable excitement, fear or alarm, no penalty is imposed on the offender.