How Many Years Does Attempted Murder Get?
According to the Turkish Penal Code, attempted murder is an extremely serious crime that results in criminal consequences. This crime is a crime when the perpetrator commits an act with the intention of killing a person, but the intent to kill cannot be achieved. Attempted murder is not only related to the intent and action of the perpetrator, but also to the damage caused to the victim. So, what is the penalty for attempted murder? How long does a person who attempts to kill receive in prison?
What is the Crime of Attempted Murder?
Attempted murder is a crime that occurs when the perpetrator commits an act with the intention of killing another person, but this act is somehow unsuccessful. According to Article 81 of the Turkish Penal Code, in order for the crime of attempted murder to be committed, the perpetrator must act with the intent to kill.
This crime does not mean that criminal responsibility for the crime is reduced because the result of the act does not occur. In other words, the act committed by the perpetrator with the intention of killing, even if unsuccessful, results in serious criminal liability.
Punishment According to the Turkish Penal Code
The penal sanction for the crime of attempted murder in the Turkish Penal Code may vary depending on the degree of attempted murder and the damage caused to the victim. Articles 81 and 82 of the Penal Code determine the basic principles for the punishment of this crime.
The basic penalty for attempted murder is imprisonment ranging from 6 to 15 years. However, the upper limit of this penalty may be higher depending on the severity of the incident.
If the attempt involves a serious relapse in committing the act of killing, the penalty may be made even more severe.
Aggravating Circumstances and Increased Sentence
Some situations that cause attempted murder to be subject to more severe penalties are as follows:
The perpetrator committed the act of murder in a planned manner,
The perpetrator attempted to kill more than one person,
The perpetrator attempted to kill seriously threatened the victim’s health or caused permanent damage to the victim,
The victim was in a defenseless position in any way.
In such cases, the perpetrator’s sentence may be up to a prison sentence of more than 15 years.
Consequences of Failure of Attempt
The failure of the crime of attempted murder does not eliminate the criminal liability of the perpetrator. The Turkish Penal Code stipulates that even the perpetrator who does not complete the crime will be punished. The fact that the crime was not completed does not mean that the perpetrator’s action will have lighter consequences for the perpetrator. At this point, the perpetrator must bear all the consequences of the crime he committed.
Sentence Reduction and Conditions for Attempted Murder
In some cases, a sentence reduction may be applied during the sentencing of the perpetrator. In order for this reduction to be applied, situations such as the perpetrator’s remorse, helping the victim or voluntarily confessing his crime after the incident may be taken into consideration. However, such situations may not always be valid and are subject to the court’s discretion.
