Exceeding the limits of justification grounds in Turkish criminal law

Article 27 of the Turkish Penal Code contains two provisions derived from different legal systems—Italian and German criminal law—each with distinct legal characteristics and consequences. The first paragraph addresses exceeding the limits of justification grounds due to negligence, impacting the content of unlawfulness. The second paragraph, on the other hand, refers solely to self-defense as a justification ground, regardless of the mens rea, regulating exceeding its limits under fear or distress as a ground for excuse. The concept of "limit" can be defined as the ultimate boundary of any condition of a justification ground. Therefore, exceeding the limit should be analyzed separately in terms of measure, duration, and affected person. For both paragraphs, the fundamental requirement is the complete formation of the relevant justification ground, free from error. This study aims to examine when a justification ground is considered to exist, what its limits are, and under which mental elements and conditions these limits can be exceeded. It further explores the effects of the breach being based on error or executed under specific emotions, as well as the consequences applicable to different types of exceedances