in the theory of punishment adopted with the new Turkish Penal Code No. 5237, there are a number of regulations under the name of personal reasons that reduce the punishment. Crime is embodied by the act formed by the combination of the trinity of movement, corruption and favoritism.
The verb is the main activity that constitutes the crime, and the elements of the crime are formed spontaneously when this act has a result. However, in this respect, it is essential that a moral connection can be established between the movement and the result generated by the movement. Dec. As a matter of fact, if the necessary connection of asylum has not been established, it will turn out that the situation that constitutes the result is not caused by the movement in question. In this case, we can also say that the act did not lead to a result, so the crime did not occur.
With the realization of the result, the crime is completed. Of course, these assumptions will be evaluated on the condition that the act in question is regulated as an individual type of crime in the Turkish Criminal Code. This is also a requirement of the element of typicality.
Effective remorse is a provision that eliminates the punishment or is one of the personal reasons that require the reduction of the punishment. TCK 168. as stated in the article, it is not a provision that can be applied to every type of crime. However, effective remorse provisions may be applied for a limited number of types of crimes specifically specified in the law. These crimes are; deprivation of liberty (TCK 110), crimes against property (TCK 168), manufacturing, selling or buying drugs or stimulants for the purpose of use, possession (TCK 192), establishing an organization for the purpose of committing a crime (TCK 221), embezzlement (TCK 248), bribery (TCK 254), slander (TCK 269), perjury (TCK 274).
IN WHAT SITUATIONS DOES EFFECTIVE REGRET OCCUR?
Depending on the completion of the crime, there should be an effective remorse provision for the crime under the TCK. Another personal reason that removes or reduces the punishment is voluntary abandonment. What distinguishes effective remorse provisions from voluntary renunciation provisions is that the crime has been completed. While the crime has not yet been completed, effective remorse provisions will not find scope for application.
After that, the perpetrator or the person/persons involved in the crime must personally show remorse and fully pay back or compensate for the damage. This is because there is a personal reason that removes or reduces the punishment. As a result of one of the perpetrators of jointly committed crimes showing effective remorse and compensating for the damage caused, other sheriffs involved in the crime will not be able to take advantage of this situation. Although the perpetrators may have committed the crime jointly, the effective remorse mechanism works according to a personal principle.
If the damage has been partially compensated, the consent of the victim is sought first in order for effective remorse provisions to be applied. In this case, since the victimization in question has not yet been resolved, it will not be possible for the effective regret mechanism to work without consent.
Another important issue is related to when effective regret occurs. In this case, the effective states of remorse shown before the start of the prosecution and the effective states of remorse shown during the prosecution are of great importance in terms of sentence reduction. If effective remorse is shown after the start of the prosecution and only before the sentencing, the penalty will be reduced to half the rate. In case of effective remorse, the judge may make a reduction in the penalty at the rate determined in the article. In this regard, the judge has been granted discretion based on the sincerity of the effective remorse and the amount of damage compensated. With this regulation, a certain way of reduction in the punishment for the crime of looting, which requires special regulation, has been opened.
The law on theft, property damage, abuse of trust, fraud, fraudulent bankruptcy, negligence, concordat, unconditional benefit and installment or compensation to debit / credit cards stipulates that the penalty should be canceled by 2/3 before the start of the prosecution, after the start of the prosecution, before the sentence, but by reducing the penalty to 1/2 percent.