in the criminal theory adopted by the new TCC No. 5237, there are a number of regulations under the name of personal reasons that reduce punishment. The crime is embodied by the verb formed by combining the triad of movement, decadence and the bond of county. The act is the main activity that constitutes the crime, and when this act results in a result, the elements of the crime are formed spontaneously. However, it is essential in this regard that a connection of decency can be established between the movement and the result caused by the movement. As a matter of fact, if the necessary provincial bond has not been established, it will be obvious that the situation that constitutes the result is not caused by the movement in question. In this case, we can also say that the verb does not cause the result, so the crime does not occur.
With the realization of the result, the crime is completed. Of course, these assumptions will be considered under 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 an dec that eliminates punishment or is one of the personal reasons that require a reduction in punishment. TCK 168. as set out in the article, it is not a provision that is applicable to all types of crimes. However, effective remorse provisions can be applied for a limited number of types of crimes specified specifically in the law. These crimes; the crime of depriving a person of his freedom (TCK 110), crimes committed against his assets (TCK 168), the manufacture, trade or purchase of drugs or stimulants for use, possession (TCK 192), the establishment of an organization to commit a crime (TCK 221), embezzlement (TCK 248), bribery (TCK 254), slander (TCK 269), false testimony (TCK 274).
UNDER WHAT CONDITIONS DOES EFFECTIVE REMORSE OCCUR?
Based on the completion of the crime, there must be a provision on effective remorse for the crime within the scope of the TCC. Another personal reason that removes or reduces the punishment is voluntary abandonment. What makes the provisions of effective remorse different from the provisions of voluntary renunciation is that the crime has been completed. While the crime has not yet been completed, the provisions of effective remorse will not find scope for application.
After that, the perpetrator or the person/ persons participating in the crime must personally show remorse and make a full refund or compensation for the damage. This is due to the fact that there is a personal reason that removes or reduces the punishment. As a result of the fact that one of the perpetrators of crimes committed jointly shows effective remorse and compensates for the damage caused, other sheriffs involved in the crime will not be able to take advantage of this situation. Although the perpetrators committed the crime jointly, the effective mechanism of remorse works on a personal principle.
If the damage is partially compensated, the consent of the victim is first sought in order to implement the provisions of effective remorse. In this case, the effective mechanism of regret will not be able to work without consent, since the victimization in question has not yet been resolved.
Another important aspect is related to when there is an active regret. In this case, the cases of effective remorse shown before the start of the prosecution and the cases of effective remorse shown during the prosecution are of great importance in terms of criminal reduction. If the effective remorse is shown after the start of the prosecution and only before the verdict is given, the punishment to be given will be reduced by up to half. In case of effective remorse, the judge may make a reduction in the punishment at the rate determined in the article. In this regard, the judge was granted discretion, based on the sincerity of the effective remorse and the amount compensated for the damage. With this provision, in the case of a looting crime involving a special regulation, a certain reduction in the penalty has been opened.
Law of theft, vandalism, breach of trust, fraud, fraudulent insolvency, negligence, bankruptcy, unconditional enjoy and debit/credit cards to reimbursement or compensation in the term of the sentence as a ratio of 2/3 is made before the start of the prosecution, the prosecution after the start, before the verdict but reduced the penalty to 1/2 percent are anticipated to be cancelled.
