There are some regulations under the name of personal reasons that reduce the punishment within the crime theory adopted by the new TPC numbered 5237. Crime; It is embodied by the verb formed by the trio of action, result and causal bond. The act is the main activity constituting the crime, and when this act results in a result, the elements of the crime occur spontaneously. However, establishing a causal link between the action and the result caused by the action is essential in this regard. As a matter of fact, if the necessary causal link has not been established, it will be obvious that the situation that created the result was not caused by the said act. In this case, we can say that the act did not cause the result, and therefore the crime did not occur.
With the realization of the result, the crime is completed. Of course, these assumptions will be discussed under the condition that the act in question is regulated as a one-to-one crime type in the Turkish Penal Code. This is a requirement of the element of typicality.
Effective repentance is an arrangement that abolishes the punishment or is among the personal reasons that require a reduction in the punishment. As regulated in Article 168 of the TCK, it is not an applicable provision for every type of crime. However, effective repentance provisions can be applied for a limited number of crime types that are specifically specified in the law. These crimes are; crime of deprivation of liberty (TCK 110), crimes against property (TCK 168), purchase and possession for the manufacture, trade or use of drugs or stimulants (TCK 192), establishing an organization for the purpose of committing a crime (TCK 221), embezzlement (TCK 248), bribery (TCK 254), slander (TCK 269), false testimony (TCK 274).
IN WHAT CONDITIONS DOES EFFECTIVE REGRET OCCUR?
Based on the completion of the crime, there should be a provision regarding effective repentance within the scope of the TPC. Another personal reason that raises or lowers the penalty is voluntary renunciation. What makes the effective repentance clauses different from the voluntary renunciation clauses is the completion of the crime. While the crime has not been completed yet, effective repentance provisions will not find an application area.
Subsequently, the perpetrator or the person/persons who participated in the crime must show remorse and compensate for the damage. This situation arises from the fact that there is a personal reason that abolishes or reduces the penalty. As a result of the active remorse of one of the perpetrators in the crimes committed jointly and the compensation of the damage caused, the other partners who participated in the crime will not be able to benefit from this situation. Even if the perpetrators committed the crime jointly, the effective remorse mechanism works with the personal principle.
In case the damage is partially compensated, the consent of the victim is sought first in order for the effective repentance provisions to be applied. In this case, since the aforementioned grievance has not been resolved yet, the effective regret mechanism will not be able to work without consent.
Another important issue is related to when effective regret is in question. In this case, the effective repentance shown before the prosecution and the effective repentance shown during the prosecution are of great importance in terms of penal abatement. If effective repentance is shown after the prosecution has started but before the verdict is given, the penalty to be imposed is reduced by up to half. In case of active remorse, the judge may reduce the penalty at the rate determined in the article. In this matter, the judge has been given discretionary power according to the sincerity of the effective repentance and the amount compensated for the damage. With this provision, the way to reduce the penalty to a certain extent has been opened in the event of a crime of looting with a special arrangement.
According to the law, in cases of theft, damage to property, abuse of trust, fraud, fraudulent bankruptcy, negligent bankruptcy, unrequited exploitation and misuse of bank/credit cards, the penalty is up to 2/3 of the amount if the same refund or compensation is made before the prosecution begins. but if it is done before the verdict is given, it is foreseen to reduce the penalty up to 1/2.