26 Mar CASE STATUTE OF LIMITATIONS-CRIMINAL STATUTE OF LIMITATIONS
Timeout
Case timeout in a nutshell, after a certain period of time from the date the crime was committed despite the charges or lawsuits, if it is not concluded within the statutory period, the state has to give up the right to punish criminal justice and criminal proceedings, which is a consequence of the fall of agency.
The statute of limitations for punishment is that the sentence is stopped from being executed after a certain period of time has elapsed from the moment the conviction is finalized.
During the statute of limitations of the case, the state’s right to punishment is eliminated, but the punishment imposed during the criminal statute of limitations cannot be executed.
There are two types of case statute of limitations. The usual case statute of limitations and the extended case statute of limitations. The difference here is that there is a factor that causes the statute of limitations to be cut. In this case, an ‘extended statute of limitations’ applies to the suspect or accused. TCK md. according to Article 66, the usual statute of limitations for the most minor offenses is 8 years, and the extended statute of limitations for the same offenses is 12 years.
According to the TCC, the statute of limitations for a case is determined taking into account the upper limit of the punishment established by law for each offense. In other words, the upper limit of the crime is found first, according to the upper limit of the crime TCK md. it is determined whether the statute of limitations set in 66/1 has expired or not. If the upper limit of the punishment for the crime in the law is not clear, the TCK md. according to 49%, the upper limit for long-term prison sentences is considered to be a maximum of 20 years.
If the punishment for the crime is determined in the law as “imprisonment or judicial fine” on an optional basis, the upper limit of the prison sentence is taken into account when calculating the statute of limitations for the case, even if the defendant is given a judicial fine in the decision on conviction. The punishment for the crime is calculated by taking into account the upper limit of the prison sentence, again, of the penalties sentenced together in the form of “imprisonment and judicial fine”.
However, taking into account the evidence in the file, if it seems that qualified cases of the crime requiring a more severe punishment may also have been committed while the court is evaluating, the statute of limitations for the case is determined taking into account the qualified state of the crime (TCK art. 66/3).
The qualified circumstances of the crime, which are regulated only by increasing the basic form of the offense, will also be taken into account when calculating the statute of limitations for the case.
It should be noted here that when calculating the statute of limitations on the case, only qualified cases of the crime that require a more severe punishment are taken into account. In other words, if there are qualified cases of the crime that require less punishment, the case is not taken into account when determining the statute of limitations.
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