TURKISH SUPREME COURT, 1st CRIMINAL CHAMBER, Case No. 2013/4118, Decision No. 2013/7481
CRIME OF INCITING SUICIDE (Defendant’s Proposal to the Victim to Commit Suicide/Requesting the Victim to Obtain Medication – Defendant and Victim Take Medication Together and Are Revived Following Treatment/Defendant Will Be Sentenced for the Crime of Inciting Suicide)
5237/TCK 84 DEFENDANT AND VICTIM TAKING SUICIDE MEDICATION TOGETHER (Defendant Proposing Suicide and Asking Victim to Bring Medication – Both Revived Following Treatment/Defendant Will Be Punished for the Crime of Inciting Suicide) SUMMARY
: The defendant proposed committing suicide together with the victim and asked the victim to bring the medications to be used for suicide. After the defendant and the victim took the medications together, they were revived as a result of treatment. The defendant must be punished for the crime of inciting suicide.
CASE: The file was reviewed and deemed necessary:
DECISION:
Upon review of the Public Prosecutor’s appeal;
The defendant B, aged 31 and the father of two children, is married. His friendship with the 16-year-old victim K. began on March 11, 2010, after B. initiated it due to the parents’ disapproval. B. asked K., “Are you ready for anything with me?” When K. replied, “Yes,” B. then asked her to bring a drug from the hospital that would kill the victim. On March 12, 2010, B. left school after taking four boxes of medication from home. When they met on March 14, 2010, they traveled together from Mersin to Erdemli and stayed at a hostel there. B. asked K. if he had brought the medication.
When K. said he had, they shared it. K. started taking it first, and then B. took it as well. A short time later, he went to the hospital and was revived as a result of treatment. He was charged with attempting suicide. As far as can be determined, at the defendant’s request, he offered and brought the medication used in the suicide attempt to the victim. Without considering the fact that the defendant should be punished for the crime of inciting suicide, to secure a written acquittal;
CONCLUSION:
On December 4, 2013, by unanimous vote, it was decided to overturn the decision in accordance with the opinion stated in the notice, following the acceptance of the public prosecutor’s objections and the determination of the violation.