EXERCISE OF RIGHTS IN CRIMINAL LAW

1. What is the Exercise of a Right?

The exercise of a right refers to a person's exemption from criminal liability for an act performed by exercising a right granted to them by the legal system. In criminal law, the exercise of a right is one of the grounds for legality. This means that individuals, when exercising their rights recognized by law, cannot have their actions considered crimes and will not incur criminal liability.

Article 24 of the Turkish Penal Code contains regulations regarding the exercise of rights. According to this article, "No punishment shall be imposed on a person who exercises their rights." This provision clearly states that individuals are not subject to criminal liability when exercising their rights.

2. Legal Nature of the Exercise of the Right

The exercise of a right is considered one of the grounds for justification in criminal law. Grounds for justification refer to situations where an act, although normally a crime, is deemed lawful under certain conditions. The exercise of a right means that an act ceases to be unlawful because the person is exercising their own right.

The exercise of a right, which is among the grounds for legality, demonstrates that the individual is acting within the authority and rights granted to them by the legal system. In this case, the person's action becomes lawful and does not incur criminal liability.

3. Elements of Exercising the Right

For the principle of exercising a right to be applicable in criminal law, certain elements must be present simultaneously. These elements can be listed as follows:

• Existence of a Legitimate Right: To benefit from the defense of exercising a right, a person must have a legally recognized right. This right must be recognized by legislation or court decisions.
• Compliance with the Law in Exercising Rights: When exercising a right, actions must be in accordance with the law. A person must not abuse their right and must not act contrary to legislation while exercising that right.
• Causal Link Between the Exercise of a Right and the Crime: For the defense of exercising a right to be applicable, there must be a direct link between the act committed and the right possessed. In other words, the criminal act must have been committed within the framework of exercising a right.
• Justifiable Reason: When exercising a right, a person must have a justifiable reason for that action. For example, the exercise of the right to self-defense shows that the person under attack acted to protect themselves and therefore is not liable for criminal offenses.

4. Examples of Exercising the Right

The concept of exercising a right can be applied in various situations within criminal law. Here are some examples of how this concept is applied in different contexts:

• Self-defense: Actions taken by a person to defend themselves or another person against an attack, with the aim of neutralizing the attack, are considered self-defense and are regarded as the exercise of a right. Self-defense is regulated in Article 25 of the Turkish Penal Code.
• Authority to Arrest: When police officers or ordinary citizens catch a criminal in the act, this is considered the exercise of a right. In this case, the act of arrest becomes lawful and does not incur criminal liability.
• Provisional Measures: In a legal dispute, the seizure of a person's property or the restriction of certain rights pursuant to a provisional measure order issued by the court is considered the exercise of a right, and these actions do not result in criminal liability.

5. Abuse of Rights

Although the exercise of a right may eliminate criminal liability, abuse of that right can still lead to criminal liability. Abuse of a right occurs when a person uses their rights for purposes other than their intended use, such as harming others or gaining personal advantage.

For example, if a person abuses their property rights by taking actions that make their neighbor's life difficult, this constitutes an abuse of rights and may result in criminal liability.

6. Exercise of Rights and Judicial Decisions

The precedents set by the Supreme Court of Turkey provide important guidance on how the concept of the exercise of rights should be applied. In its decisions concerning the exercise of rights, the Supreme Court determines under what circumstances and in what manner individuals can exercise their rights and emphasizes principles that will prevent the abuse of these rights.

In particular, in cases of self-defense, Supreme Court rulings detail the conditions under which the defense of exercising a right is accepted and the circumstances under which it is not valid.

7. The Importance of Exercising Rights in Criminal Law

The exercise of rights is an important institution in criminal law that allows individuals to protect their rights and to be exempt from criminal liability when exercising those rights. This institution ensures that individuals can freely exercise their rights within the framework of the legal system and obtain the guarantee of not being punished when exercising those rights.

Furthermore, the exercise of rights can be considered a reflection of the principle of justice in law. Individuals may be exempted from criminal liability under grounds of lawfulness when exercising their rights, provided that the exercise is legitimate and does not harm others.

8. Conclusion

In criminal law, the exercise of a right is a crucial justification for legality that allows individuals to avoid criminal liability while exercising their rights. The exercise of a right requires the existence of a legitimate right, its exercise in accordance with the law, and a direct link between the act and the right. When these conditions are met, the act becomes lawful, and criminal liability is eliminated.

However, it should not be forgotten that criminal liability may arise when the institution of exercising a right is abused. Supreme Court decisions provide important guidance on how this institution should be applied, revealing the points that individuals should pay attention to when exercising their rights. In conclusion, the exercise of a right emerges as an important institution in criminal law, based on the principle of justice and aiming to protect the rights of individuals.