Recidivism is regulated in Article 58 of our Criminal Code and is imposed for a crime committed after a previous conviction.
It is defined as committing a new crime after the sentence has become final. In this way, it will be applied to offenders who are considered more dangerous than others and who are prone to reoffending.
The provisions are regulated in the section on security measures. Recidivism, which indicates the dangerousness of the person, is a factor taken into account during the execution of the sentence.
The application of supervised release after the execution of the sentence
is also accepted as a necessary reason. Furthermore, recidivism is punishable by imprisonment.
In cases where a fine is optional, imprisonment may also be imposed.
Therefore, in Law No. 5237, recidivism, as in Law No. 765, will be considered a circumstance that does not justify an increase in punishment,
the enforcement regime, or the application of supervised release after the enforcement of the sentence.
However, Article 46 of the Council of Europe Convention on the Prevention and Combating of Violence and Domestic Violence, to which Turkey is a party,
stipulates that in crimes determined to be covered by violence in accordance with the Convention,
having previously been convicted of the same crimes, the enforcement regime adopted for repeat offenders, and the measure of supervised release after the execution of the sentence may also be applied to repeat offenders, those who have made a career of crime, or members of an organization (Article 58/9 of the Turkish Alcohol Agreement).