Legal defense in Turkish criminal law

In this study, No.2709 Republic of Turkey Constitution in force numbered 5237 which stated as self-defense examined the legitimate defense establishment that simplify the Turkish Penal Code, our legitimate defense and examined issues may pose the theory and practice of the problems associated with this institution, as well as subject to the relevant judicial decisions and opinions of the doctrine in all its aspects was tried to put forward. In order for legitimate defense to take place, conditions related to the offense and defense must be present. The conditions related to the attack are the existence of an attack, the attack being unjust, the attack directed towards a right to personality and the attack still exists. In addition, the attack must be concrete and the attack and defense must be at the same time. There can be no self-defense against a possible attack, nor can there be a self-defense against an ended attack. However, there is legitimate defense in cases where it has not started but must be repeated and is expected to be repeated, and the attack is considered to be unfinished. Sometimes, even if the conditions of legitimate defense are present in the incident, the measure limit in attack and defense can be exceeded. In this respect, if there is no ratio between rights or the means used, legitimate defense cannot be mentioned. If this limit arises from fear or excitement that may be exposed, it is the exception to our rule, which removes imperfection. Ratio requirement is most important in attacks against assets. Since our law accepts legitimate defense against all kinds of rights, including assets, the rate requirement should be considered with great precision in the defense of property.