Exceeding the limit in self defense

Where a defense against an unjust attack is carried out in accordance with the requirements of necessity and proportionality, the act will be lawful by virtue of legitimate self-defense. However, even such necessary and proportionate defense must be exercised within certain limits. Otherwise, the limit is exceeded, and the issue of exceeding the limits of legitimate self-defense arises. Exceeding the limit is regulated under Article 27 of the Turkish Criminal Code (TCC). Legitimate self-defense is among the circumstances that eliminate criminal liability, provided that its limits are respected. Accordingly, the first paragraph of the provision is also applicable to legitimate self-defense. In the second paragraph, however, reference is made exclusively to legitimate self-defense. This study consists of four main chapters. In the first chapter, the conditions of legitimate self-defense—which must be examined as a preliminary issue for assessing the exceeding of its limits—the limits of legitimate self-defense, and circumstances significant for its validity will be analyzed. The second chapter will address the legal basis, conditions, and legal nature of negligent exceeding of the limits of legitimate self-defense, as well as the regulation of exceeding the limit under the repealed Turkish Criminal Code No. 765. The third chapter will examine the legal basis, conditions, and legal nature of exceeding the limits of legitimate self-defense due to excitement, fear, or panic. In the fourth chapter, certain special cases relevant to both forms of exceeding the limit, the relationship between these forms, and the issue of exceeding the limit from a comparative law perspective will be discussed. In this study, the aim is to identify the legal bases, conditions, and legal characteristics of the forms of exceeding the limits, to clarify the differences between these forms, and to examine their relationship with certain related legal institutions.