Öz
Legitimate defense is a natural principle rather than a legal phenomenon. A person shall resist any attacks towards himself inherently. However, people can not always be expected to react proportionally against unjust attacks due to the emotional reactions caused by such attacks. Excessive defense means that the ability to direct movements by the perpetrator becomes impossible or limited caused by excusable excitement, fear, or panic. For that reason, the perpetrator is not punished, although he commits a crime. The degree of the excitement, fear, or panic which are stated in the relevant article should be evaluated ex-ante. The excessive defense due to excusable excitement, fear, or panic, which was not regulated at Criminal Code no. 765, is first introduced into the Turkish Legal System with Criminal Code no. 5237 in consideration of German Criminal Code Art. 33. For that reason, in this article, the implementation of the said regulation according to Turkish Law will be presented in comparison with German Doctrine and Jurisprudence. The main reseach task of the article is to finding out whether the Turkish jurisprudence limits the scope of excessive defence. In order to reach a conclusion the desicions of German Federal Court (BGH) will be evaluated in comparision with Turkish case law.