14 Oct Voluntary Renunciation In Turkish Penalty Code
Voluntary abandonment is the 36th amendment of the Turkish Penal Code No. 5237. Under Edit in the article has been taken.
No. 36 of TCK No. 5237 entitled “voluntary abandonment”. According to the article, the perpetrator will not be punished for the attempt if he voluntarily renounces the acts of execution of the crime of his own free will or prevents the completion of the crime or the realization of the result by making efforts of his own will and will.
But if the part that is OK with the perpetrator acting towards the crime essentially constitutes a crime, it will only be punished with the punishment of that crime. Here, in order to accept voluntary abandonment after the termination of enforcement actions, the Renegade must make serious efforts to prevent the completion of the crime and prevent the outcome.
Voluntary refusal in crimes committed in participation 5237 41 of the Turkish Criminal Code. In the article, are arranged.
Elements of voluntary abandonment in crimes committed in participation (TCK md. 41/2);
a -) the crime was not committed for any reason other than the efforts of the voluntary renegade,
b -) the crime was committed despite all the efforts of the voluntary renegade.
In these cases, voluntary withdrawal provisions will also apply.
No. 41 of the TCK No. 5237. The second paragraph of the article states that the accomplice who voluntarily gave up made every effort to avoid committing the crime, but the crime could not have been committed for any other reason. Even in this case, the legislator intended to make the accomplice of voluntary renunciation benefit from voluntary renunciation provisions.
Another possibility is that, despite all the efforts of the accomplice who voluntarily gave up, the other accomplices committed the crime.
In this case, an accomplice who voluntarily gives up despite the fact that the crime was committed and makes every effort to prevent the crime from being committed should not be held responsible for participating in the crime.
It should be noted that in this case, the accomplice will be held responsible for this crime if his actions up to the moment of voluntary refusal constitute an independent crime.
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