Exceeding the limit in self defense
2025
0 views
0 downloads
Advisor: Prof. Dr. Muhammet Emin Ruhi
Abstract (EN)
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exceeding of the limits of legitimate self-defense, as well as the regulation of exceeding the limit under the repealed Turkish Criminal Code No. 765.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.
Author
Dr. Fatih Akıncı
Institution
How to Cite
Fatih Akıncı (Doctorate thesis). Exceeding the limit in self defense, 2025, Erzincan Binali Yıldırım University.
Keywords
License
Tüm Hakları Saklıdır
This work is shared under the specified license terms.
More theses from Erzincan Binali Yıldırım University
- From a Schmıttian perspective, ideological divisions and the state's efforts to homogenize society in 20th century Türkiye (2026)
- YAPAY ZEKA VE PROGRAMLAMA: ÖĞRETMENLERİN PROGRAMLAMA ÖZ YETERLİLİKLERİ, YAPAY ZEKA FARKINDALIKLARI VE EĞİTİMDE YAPAY ZEKA KULLANIMINA İLİŞKİN GÖRÜŞLERİNİN İNCELENMESİ(2026)
- Eksik(2022)
- Synthesis of ordered double transition metal Ti2NbAlC2 MAX phase and investigation of energy storage properties of Ti2NbC2Tx MXene(2026)
- Investigation of structural behavior of corroded RC columns(2020)
- Profiles of marriage anxiety of young adults(2026)
