The reasons for impunity for breach of trust are as follows;
If the crime of breach of trust is committed to the detriment of one of the spouses, for whom a separation decision has been made, one of the descendants or one of his relatives, or one of the adoptive or adopted siblings living together in the same residence, the related relative is not punished.
If the crime of abuse of power is committed to the detriment of one of the spouses for whom a separation decision has been made, one of the siblings who do not live together in the same house, uncles, aunts, nephews or second degree relatives living together in the same house; If there is a complaint about the relative, the penalty to be imposed is reduced by half. Certain kinship relations are regulated as a personal reason requiring a reduction in punishment.
The provision of effective repentance has also been adopted in the offense of breach of trust. Pursuant to TCK 168, after the crime of breach of trust is completed but before the prosecution starts, in case the perpetrator, instigator or aider, by showing remorse, completely compensates the damage suffered by the victim or compensates the victim, up to two-thirds of the penalty to be imposed is reduced. If effective repentance is shown after the prosecution has started but before the verdict is given, up to half of the penalty to be imposed is reduced. However, in case of partial restitution or partial compensation, the consent of the victim is also sought for the effective repentance provisions to be applied.
