Master'sOpen Access

Self-defense

2021
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Advisor: Dr. Öğr. Üyesi Ömer Çelen

Abstract (EN)

ABSTRACT (Self-Defense) The person who has been subjected to unjust attack in self defense is freed from being punished with a proportional opposition to the attack. It is the most natural right of a person to try to repel this attack and to prevent harm to her life, property and chastity integrity and other personal rights. Self defense is not granted to a person later by an administrative decision or in the presence of certain circumstances. In our study, "self defense", has been accepted in many law orders. The 25th article of the Turkish Criminal Law centres that "No penalty should be imposed to an offender who acts with immediate necessity, according to the prevailing conditions, to repulse or eliminate an unjustassault against his or an other person's rights, of which the recurrence is highly expected." The first condition to speak of self defense is the presence of attack. In the absence of an attack, it will be impossible to talk about the existence of a self defense. In order to talk about self defense, the existence of an unjust attack is mentioned. An unjust attack can be an unjust attack that has taken place, or it can be an unjust attack that is sure to occur. In order to talk about self defense, there must be an attack and this defense must occur due to the attack. If the attack is complete, there is no longer any question of self defense. It is not possible to consider the defense against the attacker but against another person within the scope of self defense by the Turkish legal order. There must be a balance and ratio between attack and defense in accordance with the concrete event. Self defense can take place in the form of not only defending one's own rights, but also defending someone else's rights against an attack. If the person performed his / her act in a way that can be considered within the scope of self defense, he / she will not be punished. Keywords: Self defense, unfair attack, defense.

Author

Hacer Sağlam

How to Cite

Hacer Sağlam (Master Thesis). Self-defense, 2021, Ankara Yıldırım Beyazıt University.

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