Voluntary renunciation is regulated in Article 36 of the Turkish Penal Code No. 5237.
According to Article 36 of TCK No. 5237, titled “Voluntary Renunciation”; If the perpetrator voluntarily gives up the execution actions of the crime or prevents the completion of the crime or the realization of the result by making an effort with his own will and will, he will not be punished for the attempt.
However, if the part that is complete with the perpetrator’s act towards the crime essentially constitutes a crime, he will be punished only with the penalty for that crime. Here, in order for voluntary renunciation to be accepted after the end of the enforcement actions, the giver must show a serious effort in terms of preventing the completion of the crime and prevent the result.
Voluntary renunciation in crimes committed with participation is regulated in Article 41 of the Turkish Penal Code No. 5237.
Elements of voluntary renunciation in crimes committed with participation (Article 41/2 of the TCK);
a-) The crime has not been committed for any reason other than the effort of the voluntary renunciation,
b-) The crime was committed despite all the efforts of the person who gave up voluntarily.
In these cases, voluntary waiver provisions will also apply.
The second paragraph of Article 41 of the TPC No. 5237 has been regulated in the event that the crime partner who voluntarily gave up tried his best not to commit the crime, but the crime could not have been committed for another reason. Even in this case, the legislator aimed to make the accomplice who gave up voluntarily benefit from the provisions of voluntary renunciation.
Another possibility is that, despite the best efforts of the accomplice who voluntarily quit, the other accomplices committed the crime.
In this case, the accomplice, who gives up voluntarily and tries his best not to commit the crime despite the fact that the crime has been committed, should not be held responsible for participating in the crime.
It should be noted that the accomplice will be held responsible for this crime if his actions up to the moment of voluntary renunciation constitute an independent crime.