According to the Turkish Penal Code (TCK), the crime of murder is examined under two main headings: “deliberate killing” and “deliberate killing”.
Deliberate Killing Crime (TCK Article 81):
If a person deliberately ends the life of another person, a life sentence is applied in accordance with Article 81 of the TCK. A life sentence requires the convict to spend the rest of his life in prison.
Qualified Cases of the Crime of Deliberate Killing (TCK Article 82):
In some cases, the crime of deliberate killing requires more severe penalties. These cases are specified in Article 82 of the TCK and are called “qualified cases”. In these cases, the perpetrator is punished with aggravated life imprisonment. Aggravated life imprisonment includes more severe execution regimes compared to life imprisonment.
The qualified cases specified in Article 82 of the TCK are as follows:
Premeditated murder,
Murder with a monstrous feeling or by causing torment,
Murder with dangerous methods such as fire, flood, destruction, sinking or bombing,
Murder against a direct descendant, descendant, spouse or sibling,
Murder against a child or a person who cannot defend himself/herself,
Murder against a woman who is known to be pregnant,
Murder against a public official due to his/her duty,
Murder to conceal a crime, destroy evidence or avoid being caught,
Murder with the motive of feud,
Murder with the motive of honor.
The Crime of Murder by Negligence (Article 85 of the TCK):
When a person unintentionally causes the death of another person as a result of his/her behavior contrary to the duty of care and attention, the crime of murder by negligence occurs. According to Article 85 of the TCK, the penalty for this crime is imprisonment from 2 to 6 years. If the act caused the death of more than one person or the death of more than one person and the injury of one or more people, the penalty is determined as imprisonment from 2 to 15 years.
Reduction and Increase of Sentence:
Courts may reduce or increase the penalty depending on the manner in which the crime was committed, the condition of the perpetrator and the circumstances of the incident. For example, while situations such as unjust provocation and good conduct may cause a reduction in the penalty, situations such as committing the crime with a monstrous feeling may cause the penalty to be increased.
The penalty for the crime of murder varies according to the nature of the crime, the manner in which it was committed and the circumstances of the incident. While the basic penalty for the crime of intentional murder is life imprisonment, in qualified cases, aggravated life imprisonment is applied. In the crime of negligence, the penalty starts from 2 years and increases according to the severity of the act.
