09 Apr THE CRIME AND PUNISHMENT OF DIRECTING SUICIDE
The Crime of Directing Suicide is among the crimes Against Life organized in article 84 of the Turkish Commercial Code. With the crime of directing suicide, it is prescribed to punish the person who caused suicide and the person who encouraged suicide. In the crime of directing suicide, the law has regulated that the person who caused suicide will be punished separately depending on whether the suicide occurred or not.
Firstly, in order for this crime to occur, a person must encourage someone other than himself to commit suicide, encourage him to commit suicide, strengthen or cause the idea of suicide to occur. This crime does not occur when people commit suicide. Here, in order for the crime of directing suicide to occur, a person must create the idea of committing suicide in another person, strengthen the existing idea of committing suicide, encourage suicide, and encourage it. If a person leads to someone’s suicide by using algebra and threats, rather than encouraging suicide, it seems that the crime of intentionally killing a person occurs here, not the crime of directing suicide. On the other hand, this crime is a crime committed intentionally
In the relevant crime, the Perpetrator is the person who has committed the crime of directing suicide. (encouraging suicide, encouraging suicide, strengthening the decision to commit suicide, or ensuring that it occurs, etc.) The victim can be anyone. It does not matter whether the perpetrator recognizes the victim or not. If the victim is unable to know the consequences of suicide (mentally disabled, physically disabled, persons under the age of …), punishment will be carried out not for the crime of directing suicide, but for intentional manslaughter.
Qualified Cases of the Crime of Directing Suicide
The qualified circumstances of the crime of directing suicide are specified in TCK 84/2 and TCK 84/3. In TCK 84, only a person who encourages suicide, encourages suicide, strengthens the decision to commit suicide, or helps someone else commit suicide in any way will have committed this crime.
In case of suicide, the Turkish Commercial Code 84/2 has decided that the punishment to be given will be increased.
The Turkish Commercial Code 84/3 has decreed that people who publicly encourage others to commit suicide will also be punished in a qualified manner.
It handles the ability to understand the actual consequences undeveloped (which is the exact mental development of non-or others in a similar situation who is younger), or the people that eliminates those who resort to suicide by using force or threat, people are forced to commit suicide from the guilt of those who deliberately killing people not to commit suicide according to the provisions of routing will be punished.
The punishment for the crime of directing suicide is regulated within the framework of TCK 84. Accordingly, the prison sentence that will be given to anyone who encourages 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 punishment that will be given to the person who caused suicide if a suicide occurs is a prison sentence of 4 to 10 years.
The punishment for a person who publicly encourages others to commit suicide is imprisonment from 3 to 8 years.
Those who have not developed the ability to perceive the meaning and consequences of the act they have committed, or those who have been eliminated, those who have committed suicide, as well as those who have forced people to commit suicide by using algebra or threats, are held responsible for intentional murder. The crime of intentional manslaughter is included in TCK 81. According to TCK 81, a person who intentionally kills a person is punished with a life sentence.
The statute of limitations for the relevant offense will be determined by taking into account the statute of limitations for the case in accordance with the penalties that will be provided in TCK 66. According to TCK 66, the statute of limitations for a case is 8 years for crimes that require imprisonment or a judicial fine, provided that it is not more than 5 years. for crimes requiring a prison sentence of more than 5 years and less than 20 years, the case statute of limitations has been set at 15 years, and in cases of life imprisonment, the case statute of limitations has been set at 25 years. Accordingly, according to the nature of the incident in the crime of directing suicide, the statute of limitations of the case will be subject to evaluation in these measures.
The court in charge of this crime and the competent court are 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 (or deactivated underage persons), or if it is forced to commit suicide by force or threat, shall apply the provisions of the crime of deliberately killing people, in this case, the competent court will be the place where the crime was committed in the criminal courts.
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