The crime of incitement to suicide was established in December 1984 and is classified as a crime against life. Under this offense, penalties are prescribed for both the person who causes the suicide and the person who incites it. The law provides that the person who causes the suicide shall be punished separately, depending on whether the suicide actually occurs or not.
First, for this crime to be committed, a person must encourage, coerce, or cause another person to commit suicide, or cause the idea of suicide to strengthen or arise. This crime does not occur simply because people commit suicide. Here, for the crime of incitement to suicide to occur, a person must create the idea of suicide in another person, strengthen an existing suicidal thought, encourage suicide, and persist in doing so. If a person does not incite suicide but causes another person’s suicide through coercion and threats, this appears to constitute the crime of intentional homicide rather than the crime of incitement to suicide. On the other hand, this is a crime committed intentionally.
In this offense, the perpetrator is the person who commits the crime of incitement to suicide (encouraging suicide, promoting suicide, reinforcing the decision to commit suicide, or ensuring its occurrence, etc.). The victim can be anyone. Whether the perpetrator knows the victim or not is irrelevant. If the victim is in a condition where they cannot comprehend the consequences of suicide (e.g., mentally disabled, physically disabled, minors, etc.), the perpetrator will be punished for the crime of intentional homicide rather than the crime of inciting suicide.
Qualified Cases of the Crime of Inciting Suicide
The qualified circumstances of the crime of inciting suicide are outlined in TCK 84/2 and TCK 84/3. According to TCK 84, only a person who incites suicide, directs someone toward suicide, reinforces the decision to commit suicide, or assists another person in committing suicide in any way is considered to have committed this crime.
In cases of suicide, Article 84/2 of the TCK provides for an increased penalty.
Article 84/3 of the TCK also contains a provision stating that persons who incite others to commit suicide shall be punished in an aggravated manner.
This addresses the ability to comprehend the actual consequences—particularly in cases involving individuals who are not fully developed (i.e., whose mental development is not identical to that of younger individuals in similar situations)—and includes those who eliminate individuals who have attempted suicide through the use of force or threats, as well as those who, by causing others to feel a sense of guilt for intentionally killing people, compel them to commit suicide or prevent them from doing so.
The penalty for the crime of inciting suicide is regulated under Article 84 of the Turkish Penal Code. Accordingly, anyone who commits suicide, incites suicide, reinforces another person’s decision to commit suicide, or assists another person’s suicide in any way is subject to imprisonment for a term of 2 to 5 years.
If the suicide is carried out, the penalty for the person causing the suicide is imprisonment for 4 to 10 years.
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The penalty for a person who incites others to commit suicide is imprisonment for 3 to 8 years.
Those who lack the capacity to comprehend the meaning and consequences of the act, or who have lost such capacity, as well as those who coerce others into suicide through force or threats, are held liable for the crime of intentional homicide. The crime of intentional homicide is defined in Article 81 of the Turkish Penal Code. According to Article 81 of the Turkish Penal Code, a person who intentionally kills another is sentenced to life imprisonment.
The statute of limitations for the relevant offense will be determined by considering the statute of limitations period for the case, as provided for in the Penal Code No. 66. Under the Criminal Code No. 66, for offenses punishable by imprisonment or a fine, the statute of limitations is 8 years, provided the sentence does not exceed 5 years; for offenses punishable by imprisonment of more than 5 years but less than 20 years, it is 15 years; and for offenses punishable by life imprisonment, it is 25 years. Accordingly, in cases of incitement to suicide, the statute of limitations for the case will be assessed within the scope of these provisions, depending on the nature of the incident.
The competent court for this offense is the Criminal Court of First Instance in the location where the crime was committed. If the person who committed suicide (or a minor) was unable to understand the situation and consequences, or was coerced or threatened into committing suicide, the provisions for the crime of intentional homicide apply; in this case, the competent court will be the Criminal Court of First Instance in the location where the crime was committed.