16 Jan What Does Effective Remorse In Criminal Law Mean?
In the crime theory adopted by the new Turkish Penal Code No. 5237, there are some regulations under the name of personal reasons that reduce the punishment. Crime; The movement, the result and the illegitimate triangle are embodied by the verb formed together. Movement is the main activity that constitutes the crime and when the result of this movement results, the elements of the crime are spontaneous. However, it is essential to establish the causal link between the result of movement and movement. As a matter of fact, if the necessary causality relation could not be established, it would be obvious that the situation constituting the result was not caused by the said movement. In this case, we can say that the act does not cause the result, and therefore the crime did not occur.
With the conclusion of the crime, the crime is completed. Of course, these assumptions will be dealt with under the condition that the act shall be regulated as a criminal offense in the Turkish Criminal Code. This is a requirement of the type of element.
Effective regret is one of the personal reasons that eliminate the punishment or require a reduction in punishment. The TCK is not applicable for every type of crime as regulated in Article 168. However, effective repentance provisions can be applied for a limited number of types of crimes specifically specified in the law. These crimes; the offense of depriving the person of liberty (TCK 110), crimes against his possessions (TCK 168), manufacture or trade of drugs or stimulants, purchase or possession for use (TCK 192), establishment of an organization for the purpose of committing a crime (TCK 221), embezzlement (TCK 248), bribery (TCK 254), defamation (TCK 269), testimony of lies (TCK 274).
WHICH REQUIREMENTS IN EFFECTIVE COOPERATION?
On completion of the offense, there must be a provision for effective repentance under the TCK. Another personal reason that lifts or abolishes punishment is voluntary abandonment. What distinguishes effective regret provisions from voluntary rescission provisions is that the offense has been completed. While the crime has not yet been completed, effective remorse provisions will not be available.
Subsequently, the person (s) involved in the perpetrator or the offender must reimburse himself / herself in return for reimbursement of the same. This is due to the fact that there is a personal reason to remove or reduce the penalty. Other perpetrators who are involved in the crime as a result of compensation of the damage caused by one of the perpetrators of the crimes committed jointly will not benefit from this situation. Even though the perpetrators have committed the crime jointly, the effective regret mechanism works with personal principles.
In case of partial compensation of the damage, the victim’s consent is sought in order to apply the effective regret provisions. In this case, since the grievance is not yet resolved, the effective regret mechanism will not be able to work without consent.
Another important aspect is the time when effective regret is concerned. The active regret shown before the prosecution in this case and the effective regret shown during the prosecution are of great importance in terms of criminal reductions. If the effective regret is shown after the prosecution has started and before the judgment is made, the penalty shall be reduced by half. In case of effective regret, the judge may deduct a penalty at the rate specified in the article. In this respect, the judge is given discretion, according to the sincerity of the effective regret and the amount of compensation compensated. With this provision, in the case of a special crime involving looting, there is a certain way to discount the penalty.
In the law, theft, property damage, abuse of trust, fraud, fraudulent bankruptcy, fraudulent bankruptcy, unrequited use and bank / credit card charges of abuse of the same in the case of reimbursement or compensation before the start of prosecution of the penalty up to 2/3 of the penalty, after the beginning of the prosecution and, if it is done before the judgment, it is foreseen to reduce the penalty up to 1/2.
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