The Crime of Directing to Suicide is one of the crimes organized in Dec 84 and Committed Against Life. With the crime of directing suicide, punishment is provided for the person who caused the suicide and the person who encouraged the suicide. In the crime of directing suicide, the law has provided that the person who caused the suicide will be punished separately depending on whether the suicide occurred or did not occur.
First of all, in order for this crime to occur, a person must encourage someone other than himself to commit suicide, force him to commit suicide, cause the idea of suicide to become stronger or form. This crime does not occur when people commit suicide. Here, in order for the crime of directing suicide to occur, one person, another person, must create an idea of suicide, strengthen the existing suicidal ideation, encourage suicide, persevere. If a person does not encourage suicide, but leads to the suicide of a person using algebra and threats, it seems that the crime of deliberately killing a person, and not the crime of directing suicide, occurs here. On the other hand, this crime is a crime committed deliberately
In the relevant offense, the perpetrator is the one who committed the crime of directing to suicide. (encouraging suicide, encouraging suicide, strengthening the decision to commit suicide, or ensuring its occurrence, etc.) If the victim is anyone, it can happen. It does not matter whether the perpetrator recognizes the victim or not. If the victim is unable to know the consequences of suicide (mentally disabled, physically disabled, people under the age of…), punishment will be imposed not for the crime of directing suicide, but for deliberate manslaughter.
Qualified Cases of the Crime of Directing to Suicide
The qualified cases of the crime of directing to suicide are specified in TCK 84/2 and TCK 84/3. In TCK 84, only someone who encourages suicide, encourages suicide, strengthens a suicide decision, or helps someone else commit suicide in any way will have committed this crime.
In case of suicide, TCK 84/2 has decided that the sentence to be given will be increased.
TCK 84/3 has also made a provision that people who publicly encourage others to commit suicide will be punished as qualified.
It handles the ability to understand the actual consequences undeveloped (which is the exact mental development of non-or others in a similar situation who is younger), or the people that eliminates those who resort to suicide by using force or threat, people are forced to commit suicide from the guilt of those who deliberately killing people not to commit suicide according to the provisions of routing will be punished.
The punishment for the crime of directing to suicide is regulated within the framework of TCK 84. Accordingly, anyone who commits suicide, encourages suicide, strengthens someone else’s decision to commit suicide, or helps someone else’s suicide in any way, will be punished with a prison sentence of 2 to 5 years.
The punishment that will be given to the person who caused the suicide if the suicide occurs is a prison sentence of 4 to 10 years.
The penalty for a person who publicly encourages others to commit suicide is a prison sentence of 3 to 8 years.
Those who have not developed the ability to perceive the meaning and consequences of the act committed, or those who have been eliminated, and those who force people to commit suicide by using algebra or threats, are being held responsible for the crime of intentional homicide. The crime of intentional manslaughter is included in TCK 81. According to TCK 81, a person who intentionally kills someone is punished with a life sentence.
The statute of limitations for the relevant offense will be determined taking into account the statute of limitations for the case in accordance with the penalties to be imposed TCK 66. According to TCK 66, the statute of limitations of the case for crimes that require imprisonment or a judicial fine, provided that it is not more than 5 years, is 8 years. for crimes requiring a prison sentence of more than 5 years and less than 20 years, the statute of limitations for the case is set at 15 years, and in cases of life imprisonment, the statute of limitations for the case is set at 25 years. Accordingly, according to the nature of the incident in the crime of directing suicide, the statute of limitations of the case will be subject to evaluation in these measures.
The court in charge of this crime and the competent court are the Criminal Courts of First Instance located at the place where the crime was committed. Be able to understand the actual situation of the person who committed suicide and the consequences (or deactivated underage persons), or if it is forced to commit suicide by force or threat, shall apply the provisions of the crime of deliberately killing people, in this case, the competent court will be the place where the crime was committed in the criminal courts.
