13 Aug Referral To Suicide
The crime of directing Suicide is among the crimes committed against life in TCK 84. It is envisaged that the person who caused the suicide and the person who encouraged the suicide should be punished with the crime of directing to suicide. In the crime of directing Suicide, the law has regulated that the person causing the suicide will be punished separately according to the case of the occurrence or non-occurrence of the suicide.
First of all, in order for this crime to occur, the person has to encourage someone else to commit suicide, to commit suicide, and to strengthen or cause the idea of suicide to occur. This crime does not occur with people committing suicide. Here, in order for the crime of directing Suicide to occur, one person must form the idea of committing suicide, strengthen the existing thought of committing suicide, encourage and encourage suicide. If the person causes suicide by using algebra and threats rather than incitement to suicide, it is seen that the crime of committing suicide is not the crime of intentionally killing. On the other hand, this crime is a crime committed deliberately.
The perpetrator of the crime involved is the person who committed the offence of directing Suicide. (incitement to suicide, incitement to suicide, strengthening or enabling suicide decision etc.) If the victim can be anyone. It doesn’t matter if the victim knows the perpetrator. If the victim is unable to know the consequences of suicide (mentally retarded, Physically Disabled, Persons under age…) he will be punished for the crime of premeditated manslaughter, not for the crime of directing Suicide.
Qualified Cases Of The Crime Of Directing To Suicide
The qualified cases of the offence of directing to suicide are stated in TCK 84/2 and TCK 84/3. In TCK 84, only anyone who incites suicide, incites suicide, reinforces the decision to commit suicide or in any way helps someone else commit suicide will have committed this crime.
In the event of suicide, TCK 84/2 decided that the sentence would be increased.
Those who publicly encourage others to commit suicide will also be punished by the TCK 84/3.
Those who have not developed the ability to perceive the meaning and consequences of the act they commit (persons whose mental development is not complete, under age or similar situation) or who have driven persons to suicide by using algebra or threats, or who have forced persons to commit suicide will be punished according to the provisions of willful manslaughter, not for the
The punishment for the offence of directing Suicide is regulated under TCK 84. Accordingly, anyone who incites suicide, encourages suicide, strengthens someone else’s decision to commit suicide or helps someone else’s suicide in any way will be punished with a prison sentence of 2 to 5 years.
The penalty that will be given to the person who causes suicide in the event of suicide is a prison sentence of 4 years to 10 years.
The penalty to be given to the person who publicly incites others to commit suicide is a prison sentence of 3 to 8 years.
Those who have not developed the ability to perceive the meaning and consequences of the act they commit, or who have driven the persons who have been eliminated to suicide, and those who have forced the persons to commit suicide by using algebra or threats, are held responsible for the crime of willful killing. The charge of premeditated manslaughter has been included in TCK 81. According to TCK 81, the person who deliberately kills a person is sentenced to life imprisonment.
Statute of limitations for the related crime TCK 66 shall be determined by taking into account the statute of limitations for the case according to the penalties to be given. According to TCK 66, the statute of limitations for cases in crimes requiring imprisonment or judicial fine, provided that they are not more than 5 years, is 8 years. For crimes requiring imprisonment of more than 5 years and less than 20 years, the statute of limitations is set at 15 years and in cases of life imprisonment, the statute of limitations is set at 25 years. Accordingly, the statute of limitations of the case shall be evaluated according to the nature of the incident in the crime of directing to suicide.
The court responsible and competent for this crime is the Criminal Courts of first instance located at the place where the crime was committed. Be able to understand the actual situation of the person who committed suicide and the consequences (disabled or underage persons) or forced to commit suicide by force or threat if you will apply the provisions of the crime of deliberately killing people in this case, the criminal courts will be the competent court in the place where the crime was committed.
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