The Issue of Exceeding a Limit in Self-Defense in Terms of Supreme Court’s Decisions

Abstract

5237 numbered TCK’s 27/2 article decleare to sentence “if the limits of self-defence is exceed due to an excusable excitement, fear or panic, the perpetrator shall not be punished”. Self-Defence contains terms for the assult and the defence. Terms of the assult are; existence of a assult, unfairness of assult, harm of legal right from assult, continuation of assult. Terms of the defence are; obligation of defence, proportion between assult and defence, defence against assult and attacker. Obligatory proportionality principle between the assult and the defence is investigated according to two parts as tools and benefits. When the limits of self defence is exceed, unproportional usage of tool against attacker or more valuable right is damaged due to defence of legal right and benefit. Yargıtay determines terms of the limit of self defence as existence of a protected right, existence of terms for assult, in exitence of terms for defence “proportionality” term should be voilated in favor of advocacy, limits due to excusable excitement, fear or panic. Sentence fo Beyond the limits of self defence that is taken from German law is revelation in 5237 numbered TCK.