'Necessity - national proceedings' in document 'Turkey - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST VOLUME
General Provisions

SECOND CHAPTER
Essence of Criminal Responsibility

SECOND SECTION
Excusatory and Mitigating Causes

Self Defense and State of Necessity

ARTICLE 25- (1) No punishment is given to an offender who acts with immediate necessity, according to the prevailing conditions, to repulse or eliminate an unjust assault against his or another person’s rights, of which the recurrence is highly expected.

(2) No punishment is given to the offender for an act executed to protect himself from a severe and definite danger or an assault against his or another person’s rights, where he has no other choice to eliminate this danger. However, there should be proportional relation between the imminent necessity to protect oneself and the seriousness of danger, and the means used to eliminate this danger.