Necessary defence

Since the necessary defence, which has arisen as a result of self-protection that the human being bear since the birth and which is also acknowledged by the penal law, removes the illegality, which is an element of crime, and makes it appropriate for the society, then the offender is not charged. Being regulated under the title of factors affecting the penal liability in many law system, this institution represents the defending himself or the others by using force at a rate that would remove the offence in accordance with the necessity of defence and with the aim of defence in order to remove the offence against any right of himself or others. Necessary defence has been arranged in a way to cover all rights in today's Turkish law system. It should be determined whether the necessary defence has the above-mentioned conditions or not. In case of exceeding the limits in the conditions of necessary defence, it should be scrutinized whether to apply the institution of exceeding the limit in necessary defence in a concrete case or not. If the reckless form of the act committed by exceeding limits, then the penalty to be given for this crime should be abated. Exceeding the limit in the necessary defence may sometimes be arisen due toexcitement, fear, or panic.In the case that the limit is exceeded as a result of excitement, fear, or panic in necessary defence, no penalty should be ordered for the offender. At this point, as it is different from the condition in which conditions of necessary defence exist, not the decree of acquaintance but the decree that there is no ground for ordering penalty should be ordered for the offender. When determining for which party the necessary defence in contra actions will be applied, firstly it should be found which party is exposed to offence and necessary defence should be accepted for the benefit of him, and because there would be only one unjust action in a case, it will not be possible to apply the institution of necessary defence or unjust provocation for the person that is deemed to have done the offence. "Thanks to this institution, people will look for their rightness by way of mechanism that the law provides, without creating their own laws." Keywords: Necessary Defence,