Criminal law · Legal information

How Is a Claim of Self-Defence Separated in the File?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A claim of self-defence is a claim that an unlawful attack was answered at that moment with a defence. A plan of a fight is not the name of this claim. Three lines are separated in the file: the claim that the attack was unlawful, the claim in which it is written that the attack was continuing at that moment or was about to happen, and the act written as the defence. Proportionality is the reading of these lines side by side from the concrete minute.

How the unlawful attack was written

An unlawful attack is the writing into the file of an attack that does not rest on the law. The other side's act also standing in the minute does not make the attack unlawful by itself. Which act was written first is read from the two accounts. If one of the accounts is missing, do not invent what is missing.

Whom the attack was directed at is written too. The claim may stand as an attack directed at the person themselves, and it may also stand as an attack directed at someone beside them. If whom it was directed at is not written, do not add a target. If more than one person is written, each person stays on their own line. Do not treat it as directed at the other in one person's name.

If the complaint petition says they hit, and the minute leaves the order empty, what is read is the minute. If the order in the petition is not in the minute, do not add an order. If the two accounts conflict, both stand. A single order is not built by erasing one. If intentional injury is written on the upper line, the intent sentence of that paper is read in a charge of intentional injury. The claim of defence does not stand in for that intent sentence. The two lines stand side by side.

The moment the attack continued

The claim of defence is tied to the moment the attack continued, or to the moment it is written in the minute that it was about to happen. A response written after the attack ended is read apart from the column of that moment. The separation is built from minute words such as it ended, they left, or they went after. If the word is missing, do not invent a time.

A reckoning that might happen later is not a claim of defence at that moment. What is read is the minute that belongs to the moment of the event. If there is no minute, do not invent the moment from a sentence of a statement. If an hour is written, the hour is read. If there is no hour, do not add an hour. If the hour of the camera and the moment of the minute conflict, both stand. A single moment is not built by erasing one.

If it is written that the other side left, the moment of leaving is not put in the place of the moment the attack continued. If it is written that they were gone after, this sentence stands apart from the column of that moment. The two sentences are not the same claim. In your statement, do not rebuild a moment that has ended as an attack that is continuing. Counsel separates the column of that moment from the later act.

The act written as the defence

The defensive act is the act written as done in order to stop the attack at that moment. This act may not be the same sentence as the bodily result on the charging paper. The result line carries a finding. The defence line is the claim of which moment that finding was tied to. The finding does not build the defence by itself. If there is no sentence of defence, do not produce a defence from the finding.

The manner in which the act was done is not looked for. If the name of an instrument appears in the minute, the name stands as a part of the event. The manner of using the instrument is not recounted. If there is no name of an instrument, do not add a name. A forensic report is not the name of the defensive act. The date of the report is not put in the place of the moment of the attack. If the two dates differ, both stand.

If more than one act is written, each act stays on its own line. A single name of defence is not produced by joining the acts. In your statement, do not build a sentence of response that is not on the paper. Do not fit a moment you do not remember to the order of the other side.

A plan written in advance

A plan of a fight is an account that the parties agreed in advance, or that one side set up the event. It does not stand under the same heading as the defensive act. If there is a message, a record of a meeting, or a sentence of a reckoning written in advance, this record is written on the plan line. If the record is not in the file, do not build a plan as if there were a record.

The plan line does not remove the defensive act by itself. The two lines are read side by side. A result is not written before this reading. If the hour of the message and the hour of the event differ, both stand. The message does not stand in for the minute at the moment of the event. In your statement, do not put the word in the message in the place of the defensive act.

If the other side also has a message, that message is on a separate line. A single sentence of a plan is not built by joining the two messages. Whichever person the paper writes the plan to, that person is read. Standing beside them does not write the plan onto you.

Proportionality is read from two lines

Proportionality is the reading, side by side in the concrete minute, of the attack line and the defence line. A ready measure is not put onto this reading. If an injury or a time is written in the minute, those lines stand side by side too. If they are not written, they are not added. The ruling is not built without this reading side by side. A sentence that the result is certain if the other side hit is not a line in the file.

A claim that the limit was exceeded is also read from the same two acts. A claim of excess is not turned, at this stage, into a mitigation or into a conviction. If a sentence of excess is not on the paper, do not add an excess. If it is there, it stands beside the attack line. The excess does not erase the defensive act by itself. The two sentences are read separately.

A complaint and a conviction are not the same paper. That separation is in I was complained of. An interim decision does not carry this result either. The measure is in judicial control. Do not add the list of obligations onto the proportionality line.

The statement is not built before these three lines are seen

The rights on a statement are in before giving a statement. You do not open a statement before you see the sentence of the unlawful attack, the column of that moment, and the act written as the defence. In the investigation your capacity is suspect. After the indictment is accepted, the capacity of accused does not erase the three lines. If the order changed on the new paper, the changed order is not accepted in the old statement.

Your silence does not mean you accepted the act. The minute is read before the signature. A moment that did not pass into the minute is not treated as existing by the signature. If a second statement is asked for on the same day, read the three lines in the first minute again first. If a sentence of defence that is not in the first minute has appeared in the second minute, that sentence was not said in the old statement. Counsel separates the plan line from the column of that moment.

Put a fourth box beside the three lines: is there a plan record. If there is no sentence of a message or of a meeting, the plan box stays empty. Do not write the act at the moment of the event into the empty box. The act at the moment of the event is not the short form of the plan. If the hours differ, do not reduce the two hours to a single moment. If the order of the camera and the order of the minute conflict, both stand. Do not read the conflict as a certain result in your favour.

If the person the attack was directed at is not you, the paper writes this separately. If it does not write it, do not complete the target as yourself or as the person beside you. If it is written that it was directed at the person beside you, that line does not stand in for an attack directed at you. If there are two targets, two lines are read. Proportionality is built separately, for each target, from the concrete minute. There is no ready measure. If there is no sentence of excess, do not add the excess yourself.

At the signature, do not have the sentence "they started first" passed as an order when there is no order in the minute. The order stands only if it is written in the minute. If the upper line is intentional injury, the intent sentence is read separately. The claim of defence does not cross out that sentence. If the file number differs on the summons and in the minute, do not add the account in the second number onto these three lines. Counsel shows which line you answered by separating the column of that moment from the later act.

If more than one moment is written, each moment stands with its own sentence of attack and of response. A single defence is not built by joining the moments. If there is a plan message at one moment and not at the other, do not carry the message onto the second moment. If the word ended stands at only one moment, that word is not treated as having ended the later act too. Proportionality is read separately, for each moment, from the concrete minute. In your statement, separate the moments. Which moment you answered should appear in the minute. A separation that does not appear is not treated as made by the signature. The other side saying it was all the same fight does not erase the columns of the moment on the paper.

Conclusion

Self-defence is a claim of defence at that moment against an unlawful attack. A planned fight is not the name of this claim. The column of that moment is read apart from the act after the attack ended. Proportionality is built from the concrete file. A ready result is not written onto one of the three lines. The frame is on the criminal law page. Contact stands for the papers. The basis is the provisions of Turkish Penal Code No. 5237 and of Criminal Procedure Code No. 5271.

Legislation

Frequently asked questions

If the other side acted first, is the claim of defence treated as accepted?

Acting first is a sentence of order in the minute. The claim of defence asks for this order to be written as an unlawful attack, and for the response to be tied to that moment. The order does not conclude the claim by itself. If there is an opposing account, that stands too. Do not complete a missing account yourself.

Is an act after the attack ended read on the same line?

The words it ended, they left, or they went after are read apart from the column of that moment. A response written at the moment the attack continued, and an act written after the attack ended, are not the same line. If the word is not in the minute, do not add a time. Do not join the two moments in a single sentence.

Does a fight message written in advance erase the claim of defence?

The message is written on the plan line. The plan line does not erase the defensive act at the moment of the event by itself. Read the two lines side by side. A result is not written before this reading. If the message is not in the file, do not build a plan as if there were a message.

Is there a ready measure for proportionality?

There is not. Proportionality is the reading, side by side in the concrete minute, of the act written as the attack and the act written as the defence. If an injury or the name of an instrument is written, that line stands side by side too. If it is not written, do not add it. Do not put a ready measure onto the two acts.

If the attack was directed at someone else, are the same three lines read?

The same three lines are read: the unlawful attack, that moment, and the defensive act. In addition, whom the attack was directed at is written. It may stand as the person themselves, and it may also stand as someone beside them. If the target is not written, do not add a target. Proportionality is again read from the concrete minute.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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