Conditions for Recidivism:
Committing a New Crime After the Sentence for the Annual Crime Has Been Finalized
For recidivism to apply, the person must commit a new crime after the sentence for a previous crime has been finalized.
The finalized sentence for the previous crime must be a criminal conviction. That is, it must be a prison sentence
or a judicial fine. Paragraph 2 of Article 58 indicates that the conviction prior to developments regarding prison sentences and judicial fines
must be a criminal conviction. Only
convictions for security measures do not result in recidivism registration. This applies both to security measures
imposed as punishment under Article 223 and to short-term prison sentences converted
for this purpose.
It is sufficient for the previous criminal conviction to be final; it is not necessary for the sentence to have been served in order for the recidivism decision to be made.
The fact that the sentence has been served is only relevant in terms of the recidivism periods The fact that the sentence has been served is only relevant in terms of the continuation of the recidivism periods.
For the approval of recidivism provisions, if the final conviction is subject to a general pardon,
statute of limitations, withdrawal of complaint, or pre-payment,
the recidivism shall not be canceled in relation to the subsequent crime. However, in the case of a special pardon,
recidivism provisions will apply when the conviction is subject to criminal statute of limitations. Since the sentence cannot be enforced due to the criminal statute of limitations,
recidivism proceedings do not commence.
The suspension of a prison sentence will apply when it is finalized in terms of enforcement
and subject to the recidivism of a final conviction. With the amendment made, the emergence of the crime in cases where the act constitutes a crime does not constitute the basis for recidivism in the legal consequences
(TCK m.7/1).
It does not apply to convictions that are not crimes and for which there is no penalty in return, as specified for penalties that constitute recidivism in our Penal Code.
If the conviction for the previous crime was given to persons under the age of 18 at the time of the act,
recidivism shall not apply to crimes committed by these persons thereafter. According to Section 58, Paragraph 5,
“Recidivism shall apply to crimes committed by persons who have not reached the age of majority during the year in which the act was committed.”