Attack on Your Home or Workplace: Self-Defense (Justified Defense)

An act to prevent an unlawful attack on you, someone close to you, or your home is not a crime under certain conditions. This article addresses the requirements of self-defense and points to consider in practice.

What Is Self-Defense?

Self-defense is a ground of lawfulness regulated by Article 25/1 of the Turkish Penal Code (TCK). It prevents punishment for acts necessarily committed to repel, in a manner proportionate to the circumstances at that moment, an unlawful attack against a right belonging to oneself or another that is occurring, certain to occur, or certain to recur. An act within self-defense is deemed lawful, so the person is not punished for it. All strict statutory conditions must, however, be met together.

Requirements of Self-Defense

Court of Cassation case law and legal scholarship summarize the requirements for self-defense as follows:

• Requirements relating to the attack: It must be unlawful, ongoing (or certain to occur or recur), and directed at a right, such as life, bodily integrity, inviolability of the home, or property.
• Requirements relating to the defense: It must aim to prevent the attack, be necessary in relation to the attack (meaning there is no other way to be protected), and be proportionate to it.

Turkish law contains no separate presumption of self-defence specific to attacks occurring at night in a dwelling or workplace. Article 25/1 of the Turkish Criminal Code consists of a single sentence and requires proportionality between the attack and the defence in the same way in every case. In practice, the provision that matters for “defence against an intruder who enters the home at night” is Article 27/2: where the limits of self-defence are exceeded as a result of excusable excitement, fear or panic, no penalty is imposed on the person concerned. That provision is not confined to night-time, dwellings or workplaces; but the fact that the incident occurred at night and in the home is taken into account, among the circumstances of the particular case, when assessing whether the person's excitement and fear were excusable.

Proportionality: Responding to a Punch With a Gun

Proportionality is the most disputed element of self-defense. It means a reasonable balance between attack and defense under the specific circumstances, not mathematical equality. The Court of Cassation considers together factors such as the attackers’ number, age, physical strength and weapon, the intensity of the attack, and the victim’s opportunity to escape. For example, responding with a firearm to an unarmed person who attacks only with fists is generally open to assessment as exceeding proportionality, since less forceful means such as escape, withdrawal, or physical restraint may be available. But a large number of attackers, an armed attacker, or the victim’s age, sex, or physical disadvantage may change the case-specific assessment.

No Punishment When the Limit Is Exceeded (Article 27 TCK)

Article 27/1 of the Turkish Criminal Code provides that where the limits of a ground of lawfulness such as self-defence are exceeded without intent, and the act is also punishable when committed negligently, the penalty laid down in the statute for the negligent offence is reduced by one sixth to one third. In other words, where the limits are exceeded not intentionally but through carelessness, the result is not an acquittal but a reduced penalty. The statute, however, lays down a special and important rule in Article 27/2: where the limits of self-defence are exceeded as a result of excusable excitement, fear or panic, no penalty is imposed. That rule is intended in particular to protect people who face a sudden attack at home or at work, believe their life is in danger and react in that state of mind. For example, a person who encounters a burglar entering the house at night and, in great fear, overpowers the attacker with more force than necessary may benefit from that exception according to the circumstances of the particular case.

Proving a Claim of Self-Defense

In practice, acceptance of a self-defense claim depends on consistent collection of evidence at the scene, including security-camera footage, witness testimony, forensic reports, and weapon or tool examinations, and a detailed account of what happened. Preserving evidence immediately, requesting camera footage, and speaking to a lawyer as soon as possible are therefore important.

Conclusion

Self-defense is an important rule making defense of oneself or loved ones against an unlawful attack lawful. Its application, however, requires close case-specific assessment of the attack and proportionality of the response. Even when the limit is exceeded out of fear, anxiety, or panic, the law provides a significant exception allowing no punishment. People in such a situation are advised to seek a criminal lawyer promptly so that they can present their defense properly.

This article is for general information and does not replace legal advice. We recommend consulting a lawyer about your case.