WHAT DOES THE CONCEPT OF INVOLVEMENT IN CRIME MEAN?
TCK m.according to 37; it refers to the commission of a crime together in consensus of ideas and actions by more than one person within the scope of the execution of a decision to commit a crime. The concept of Decriminalization is that a crime that can be committed by one person is committed by more than one person together – by agreement and cooperation between them. It is impossible not to mention the concept of participation in crimes committed by taxi. Everyone is responsible for taxi crimes at the rate of their own fault.But for crimes committed intentionally, participation is possible.
TCK m.the concept of criminality, which is regulated in 37, is divided into “joint criminality” and “indirect criminality:
Participation in a Crime through Joint Criminal Activity (TCK m.37/1): Joint criminality occurs if the mandatory contribution of the act of each perpetrator participating in the commission of the crime is needed to embody the crime. The key point in terms of joint criminality is that the participants in the crime establish joint dominance over the act. For example, if one of the two people who agreed to kill a man held the person’s hands at the scene and the other committed the act of killing with a knife, each perpetrator will be punished with the amount of punishment for the crime committed because they participated in the crime by being a joint perpetrator.
Participation in a Crime by Indirect Perpetrator (TCK m.37/2): Indirect criminality occurs if one of the persons commits a crime using the other or the others as a tool. The indirect perpetrator is punished in the same way as the actual perpetrator. For example, if a crime of intentional manslaughter is committed using a minor, the indirect perpetrator is punished in the same way as the person who committed the actual act.
Another of the cases of participation in a crime is the concept of “Shari’ah”. this is in accordance with Articles 38 and 39 of the Turkish Commercial Code No. 5237. it is regulated in its articles. The responsibility of the sheriffs is not direct, as in the concept of culpability, the sheriffs are held indirectly responsible for the crime in accordance with the “rule of allegiance”. The status of ”Shariklik” is determined by Articles 38 and 39 of the TCC No. 5237. in its articles, it is regulated in two ways: “instigating crime” and “assisting crime:
Participation in Crime by Incitement (TCK m.38):Persistence in crime is the provision of persuasion, indoctrination or other means by someone else to decide to commit this crime, even though a person does not yet have an idea about committing a particular crime. Incitement to crime is one of the forms of “shari’ah”. Since the person who persevered takes an important role in the decision-making of the person who will commit the actual crime, the one who persevered is also punished with the punishment of the crime committed.
Participation in Aiding a Crime (TCK m.39): Assisting in a crime means making a material or moral contribution to the commission of a crime by a person who has made a decision to commit a crime. In other words, helping crime is also one of the forms of “shari’ah”. For example, typical ways of helping a crime are encouraging the perpetrator to commit the crime by saying that the person’s decision to commit the crime is correct and necessary, providing a weapon for the crime of intentional manslaughter or intentional wounding, or saying that he will hide the perpetrator after the incident. Jul. The perpetrator, whose provisions for assisting a crime are applied, is TCK md. according to 39, it benefits from a certain reduction in punishment over the punishment for the crime committed.
The presence of an act committed intentionally and unlawfully is sufficient for participation in a crime. Each person who participates in the commission of a crime is punished according to his own defective act, without taking into account the personal reasons that prevent the punishment of the other (TCK m. 40/1)
But for Specific crimes, this situation is somewhat different.Specific crimes are crimes that can only be committed by people with certain adjectives and characteristics. For example, the crime of embezzlement can be committed only by civil servants. In specific crimes, only a person who has the character of a special perpetrator can become a perpetrator. Other persons who participate in the commission of these crimes are held accountable as those who persevere or help (TCK art.40/2).
In order to be held responsible for participating in a crime, the relevant act must have reached at least the stage of attempted crime (TCK art.40/3).
JOINT CRIMINAL ACTIVITY AND INDIRECT CRIMINAL ACTIVITY (TCK 37)
In the criminal code, the situation of “joint criminality” is mentioned in the event that any act designated as a crime is committed by more than one accomplice in the form of participation. The case of joint criminal activity is also called “complicity” in practice. In this context, the common perpetrators ensure the completion of the verb by establishing dominance over any part or whole of the verb being performed.
For joint Decency, two conditions must coexist:
There should be a Decisiveness decision between the perpetrators to commit crimes together.
The perpetrators must have established dominance over the commission of the crime together.
For the common perpetrator, each accomplice is in the position of “perpetrator”, as we are talking not only about the existence of a decision to commit a crime together, but also about the fact that these individuals establish joint dominance over the act. The importance of the roles and contributions of accomplices in the execution of the crime should be taken into consideration in determining whether joint dominance over the act has been established. In cases where the contribution of the accomplices to the commission of the crime complements the act of the other, there will also be joint criminality. Accordingly, each common perpetrator makes an effective, functional contribution to the execution of the crime
Since the common perpetrator is directly related to the injustice he has committed, the perpetrators who commit the crime together are punished according to the unfair content of their own actions. Because the act of each of the joint perpetrators takes the nature of injustice from its own act and does not offer allegiance to the act of the other perpetrator. Therefore, the qualified state found in one of the co-perpetrators, although known to others, does not affect him.
When the crime committed by the joint perpetrators remains at the attempted stage, each of them is punished with the provisions of the attempted crime, and when the crime is completed, the punishment of the relevant crime is imposed.
Indirect culpability, as we have summarized above, is that a person commits any crime under the TCK by using someone else as a tool. The indirect perpetrator does not participate in the acts of execution of the crime, but as a result of establishing dominance over the person who performs the acts of execution of the crime; As a result of establishing dominance over the person and his actions, his criminal responsibility also becomes the same as the actual perpetrator.
When the indirect perpetrator uses persons who do not have the ability to defect in the commission of the crime, the punishment that will be imposed on the indirect perpetrator is increased from 1/3 to 1/2. Because if the crime is committed in this way, people who do not have the ability to direct themselves are abused using it in this context.
