12 May Accomplicity-Perpatrator
WHAT DOES THE CONCEPT OF PARTICIPATION IN CRIME MEAN?
TCK m.According to 37, it refers to the co-operation of a crime by more than one person in unity of opinion and action within the scope of the execution of a decision to commit a crime. The concept of participation in crime is that a crime that is possible to be committed by one person is committed together by more than one person-through Agreement and cooperation between them. It is not possible to talk about the concept of participation in crimes committed by taxi. Everyone is responsible for misdemeanor crimes at the rate of their own fault.However, participation is possible for crimes committed deliberately.
TCK m.37 the concept of perpetrator is divided into “joint perpetrator” and “indirect perpetrator”.:
Participation in crime by joint perpetrator (TCK m.37/1): common perpetrator shall be in question if the action of each perpetrator involved in the commission of the crime is required for the incarnation of the crime. The key point for common perpetrator is that the perpetrators have joint control over the act. For example, if one of the two persons who conspired to kill a person held the person’s hands at the scene and the other committed the act of killing with a knife, each offender shall be punished with the amount of punishment for the crime committed because they participated in the crime by joint perpetrator.
Participation in the crime by indirect perpetrator (TCK m.37/2): indirect offending is when one of the persons commits a crime by using the other or the other as a tool. The indirect perpetrator is punished like the actual perpetrator. For example, in the event that the offence of premeditated manslaughter is committed using an underage child, the indirect perpetrator shall be punished as the person who committed the actual act.
Another of the cases of participation in crime is the concept of “Sharicity”. this is the 38th and 39th of TCK 5237. it is regulated in its articles. The responsibility of the sheriffs is not directly as in the concept of the perpetrator, the sheriffs are held indirectly responsible for the crime in accordance with the “allegiance rule”. ” Shariqism ” status of TCK No. 5237 38 and 39. in its articles it is arranged in two ways: “incitement to crime” and ” assistance to crime” :
Participation by incitement to crime (TCK m.38): incitement to a crime is the provision that a person decides to commit a crime by persuasion, indoctrination or other means, even though he has no idea of committing a particular crime yet. Incitement to crime is one of the forms of “Shari’lik”. Since the person who commits a crime plays an important role in the decision-making of the person who will commit the act, the person who commits the crime will also be punished with the punishment of the crime committed.
Participation by assisting the crime (TCK m.39): aiding a crime means contributing financially or spiritually to the crime of the person who has made the decision to commit the crime. In other words, helping crime is one of the forms of “Shari’lik”. For example, encouraging the perpetrator by saying that the decision of the person to commit the crime is correct and necessary, supplying weapons for the crime of willful manslaughter or willful wounding, or telling the perpetrator to hide after the event are typical forms of assisting the crime. Criminal assistance provisions applied to the perpetrator TCK md. According to 39, it benefits from a certain amount of penalty reduction over the punishment of the crime committed.
The existence of a deliberate and unlawful act is sufficient for participation in the crime. Each person involved in the committing of the crime shall be punished according to his or her own offending act, without regard to personal reasons preventing the punishment of the other (TCK m. 40/1)
For specific crimes, however, this is slightly different.Specific crimes are crimes that can only be committed by persons with certain attributes and attributes. For example, embezzlement can only be committed by civil servants. In specific crimes, only the person with the specific nature of the perpetrator can be the perpetrator. Other persons involved in the committing of these crimes are held liable as instigators or helpers (TCK md.40/2).
In order to be held responsible for participation in the crime, the relevant Act must have reached at least the stage of attempted crime(TCK md.40/3).
JOINT AND INDIRECT FAILURE (TCK 37))
In the case of the execution of any act designated as a crime in the Penal Code by more than one accomplice in partnership, the situation of “joint perpetrator” is mentioned. In practice, the common perpetrator is also called” complicity”. In this context, common perpetrators establish dominance over any part or whole of the executed verb, thus ensuring the completion of the verb.
Two conditions must coexist for joint failure:
There should be a decision between perpetrators to commit crimes together.
The perpetrators must have co-mastered the conduct of the crime.
For common perpetrator, each accomplice is “perpetrator”, since we talk not only about the existence of a decision to commit crimes together, but also about the fact that these individuals have joint control over the act. The role and contribution of the accomplices in the execution of the crime should be taken into consideration in determining whether joint dominance is established over the act. In cases where the accomplices ‘ contribution in the commission of the crime completes the act of the other, there will also be joint culpability. Accordingly, each joint perpetrator makes an effective and functional contribution to the execution of the crime.
Since the joint perpetrator is directly involved in the injustice he has committed, the perpetrators who commit the crime together are punished according to the unjust content of their own actions. Because each of the joint perpetrators takes the nature of the actual injustice from his or her own act and does not submit to the action of the other perpetrator. Therefore, the qualified status found in one of the joint perpetrators, although known to others, does not affect it.
When the crime committed by the joint perpetrators remains in the stage of attempted crime, each is punished with the provisions of attempted crime and when the crime is completed with the penalty of the related crime.
Indirect perpetrator is the person who commits any crime within the scope of TCK by using another person as a tool, as stated in the summary above. The indirect perpetrator does not participate in the execution actions of the crime, but by establishing dominance over the person performing the execution actions of the crime, as a result of establishing dominance over the person and his / her actions, his / her criminal responsibility becomes like the actual perpetrator.
When the indirect perpetrator uses persons who are incapable of fault in the commission of the crime, the penalty to be imposed on the indirect perpetrator is increased from 1/3 to 1/2 . Because if the crime is committed in this way, people who do not have the ability to direct themselves are abused using it in this context.
No Comments