09 Apr THE FACT THAT THE ACCUSED AND THE VICTIM TAKE SUICIDAL DRUGS TOGETHER CONSTITUTES THE CRIME OF DIRECTING THEM TO SUICIDE – SUPREME COURT DECISION
T.C. COURT OF CASSATION 1. CRIMINAL DEPARTMENT B. 2013/4118, D. 2013/7481
THE CRIME OF DIRECTING SUICIDE (Where the Accused Proposes to Commit Suicide to the Victim / Asks the Victim to Bring Medication – Where the Accused and the Victim Take Medication Together and Are Brought Back to Life as a Result of Treatment / Where the Accused Will be Punished for Directing Suicide)
THE ACCUSED AND THE VICTIM SHOULD TAKE SUICIDAL MEDICATION TOGETHER (The Defendant Offered to Commit Suicide and Asked the Victim to Bring Medication – They Were Brought Back to Life as a Result of Treatment / The Defendant Should Be Punished for the Crime of Directing Suicide ) 5237 /TCK 84
ABSTRACT : The defendant offered to commit suicide together with the victim and asked him to bring the drugs to be used in committing suicide. After the defendant and the victim drank the drugs together, they were brought back to life as a result of treatment. He must be punished for the crime of directing the accused to commit suicide.
CASE : The case was examined and considered as necessary:
VERDICT : In the review on the appeal of the Public Prosecutor ;
The 31-year-old defendant, who is married with two children, is B. with 16-year-old victim K.after their parents disapproved of their friendship, B.on 11.03.2010 at K.“are you ready for anything with me,” K said by texting her phone.after he answered “yes”, this time he asked the victim to bring a drug that would kill him, on 12.03.2010, K.B. After school, taking 4 cans of medicine from home. on 14.03.2010, they went from Mersin to Erdemli, where they stayed in a hostel.in K.he asked if he had brought the drugs to K.after he said that he had brought it, they shared the drugs, first K.that’s when he started drinking, B.in the event that they also drank the drugs, went to the hospital after a while and were brought back to life as a result of treatment, defendant B committed suicide.it is understood that Jul offered and brought the drugs used to commit suicide by providing them to the victim at the request of the defendant, decision of acquittal of the accused in writing, without considering that he should be punished for directing suicide in accordance with his act,
CONCLUSION : It was decided unanimously on 04.12.2013 that the decision should be overturned as stated in the communiqué by accepting the appeals of the Public Prosecutor in this respect by requiring the reversal.
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