Turkey, Meydan #25 - Disposable Guide: Self Defense Right
(tr) [machine translation]
In capitalist functioning that can be used from time to time but it will not information
sharing and free knit solidarity anything in the world ... ---- C in prayer law, a
precondition for the punishment of action is defined as a crime in the law that action.
However, in addition, must be in unlawful acts. This means that the action defined in the
law as a crime I will not always be unlawful. Considered by law as a crime action ; If
there is one reason there is compliance with the law is not considered unlawful. In other
words, functioning as one of the reasons of legal compliance action organized crime throne
person's action is not a crime. ---- One of the reasons that make lawful acts defined as
crimes which are the subject of this manuscript also "self-defense" also known as
"self-defense" is. According to TCC, directed to a right of oneself or others an unfair
attack because of crimes must not be punished immediately remove the perpetrator (Article
m.25 / 1).
Legal basis of self-defense is self-preservation instincts of man. The person's
self-defense is not likely to ban the law. Legitimate defense is a natural right, has the
right to protect oneself. Therefore, do not punish the person defending himself or another
against attack.
The conditions for legitimate defense, there is an unjustified attack in the middle and do
not necessarily defend against these attacks.
Such attacks may be an attack on active or passive movement. A woman a man's tattoos are
examples of active attacks. The passive attack; for example, to go to a place she is
blocking the opening of a locked door by a man.
May be essential to self-defense is shown in three state law unfair attack:
• attacks taking place
• realization that certain or likely to attack
• Repeat definitely or very likely to attack
Self-defense; is not just a person's self-defense; defend someone else attacked enters the
scope of self-defense. For example, to fight off the attack on a woman who suffered
violence, violence will use the people around are also covered. Art. According 25/1,
"requirements should be directed to the right of him and someone else's" attack is
currently Ousting must not be given because of the criminal acts committed by the offender.
The law "must fight off the attack" from the mentioned. Wherein said obligation, does not
mean the absence of a choice than to resist. However, the ability to escape even though
the kaçmayıp defend itself, is covered by the legal defense. A person who has suffered an
unjust attack, escape liability by itself can not be defensive.
It is appreciated that the defense and not of attack tools and methods should also be the
same. Person, according to circumstances shall use the most appropriate means and methods.
For example, the women who are exposed to a man's kick, slap attack, not necessarily using
the same technique that is not expected to respond to slap kick. For example, If she had a
sharp object into the hands of the defense can do with it.
However, it should be noted, for the purpose of banishing attack defense "proportionate"
must have. For example, if the possibility of wounding the attacker legs to fight off the
attack vital areas should be targeted. However, according to circumstances, to provide the
balance of the person under attack can not always be expected. Therefore, the law; limit a
person's self-defense, an exciting maze that can be seen, due to fear or haste held
exceeds even people can not be punished. (Penal Code Art. 27/2).
Are most needed two examples on the application of legitimate defense in cases of violence
against women: He killed smothering with the husband's violence electric cables with
Kuşçuoğlu Gülfidan raping missed him before and want to renegotiate Alice Shield killed
Nafisi Kaçmaz, acquitted because they used the legitimate defense rights They had.
However, hundreds of women, the state uses the intentional killing or the judiciary
because of the right to legal defense wounds to the LAN, arrested or are being punished.
State-assisted applying unjust provocation or good conduct discounts, penalties delayed
release men slaughtered every day women, self-defending women arrested again exposed to
male violence in prisons.
That can not be provided by the state justice is the natural right to be provided by
women. Women in both the male to make his defense against all the power and justice of the
state's men were left no other option than his own hand application.
http://meydangazetesi.org/gundem/2015/03/kullan-at-kilavuz-mesru-mudafaa-hakki/
