EFFECTS OF CRIMINAL COURTS’ DECISIONS ON SELF-DEFENSE AND NECESSITY ON CIVIL COURTS’ DECISIONS

Individuals are liable from their unlawful acts. Within the scope of law of obligation, unlawful act is one of the elements of tort that requires compensation. Unlawfulness is, also, one of the elements of crime within the scope of penal law. Because of that, unlawful acts may constitute crime in penal law and tort in law of obligations. However, individuals are not liable from their acts in the presence of the justification. On the other hand, fault is also a key element for the liability of individuals who contradicts against law. Article 74 of Turkish Code of Obligations will be applied in the case criminal court decisions affect civil court decisions when the individual whose act constitutes tort and/or crime . In this article, how criminal courts decision about an act, affects civil courts decision will be discussed especially in the scope of self-defense and necessity