Timeout
If the case has not been filed or has not been concluded within the legal period despite the fact that a certain period has passed since the date of the crime, it is a criminal law institution that constitutes the result of the state giving up the right to punish and dropping the criminal case.
The statute of limitations is the cessation of execution of the sentence after a certain period of time has elapsed since the conviction has been finalized.
At the time of the case, the state’s right to punish disappears, but at the time of the time of the punishment, the sentence cannot be executed.
There are two types of statute of limitations. Ordinary case statute of limitations and extended case statute of limitations. The difference here is that there is a factor that causes the timeout to be interrupted. In this case, an ‘extended statute of limitations’ applies to the suspect or defendant. TCK md. According to 66, the usual statute of limitations for the mildest crimes is 8 years, and the extended statute of limitations for the same crimes is 12 years.
According to the TCK, the statute of limitations is determined by taking into account the upper limit of the sentence established in the law for each crime. In other words, first the upper limit of the crime is found, according to the upper limit of the crime TCK md. It is determined whether the statute of limitations set at 66/1 has expired. If the upper limit of the punishment of the crime in the law is not clear, TCK md. Under 49, the upper limit on term prison sentences is considered a maximum of 20 years.
If the penalty for the crime in the law is determined as an elective “prison sentence or judicial fine”, even if a judicial fine is imposed on the defendant in the conviction decision, the upper limit of the prison sentence is taken into account when calculating the statute of limitations of the case. The penalty for the crime is calculated by taking into account the upper limit of the prison sentence, while the penalties imposed together in the form of “prison sentence and judicial fine”.
However, given the evidence in the file, if it is seen that the qualified States of the crime that require a more severe punishment may also have been committed when evaluating by the court, the statute of limitations of the case is determined by taking into account the qualified state of the crime (TCK md. 66/3).
In the basic form of the crime, only qualified cases organized by increasing will also be taken into account when calculating the statute of limitations of the case.
It should be noted here that when calculating the statute of limitations of the case, only the qualified States of the crime that require a more severe punishment are taken into account. In other words, if the crime has qualified states that require less punishment, the case is not taken into account when determining the statute of limitations.
