Although certain penalties are given to a person who commits a crime in our legal system, in some cases there are legal reasons that prevent or eliminate the application of these penalties. One of these is “personal reasons that cancel the penalty”. In this article, we will examine in detail what personal reasons that cancel the penalty are, in which cases they are valid, and their legal basis.
What are Personal Reasons That Cancel the Penalty?
Personal reasons that cancel the penalty are personal legal situations that prevent the person who committed the crime from being punished or the penalty given from being implemented. These situations do not eliminate the illegality of the crime or the fault of the perpetrator; they only prevent the perpetrator from being punished.
These reasons may generally arise from the nature of the crime, the situation of the perpetrator, or the way the crime was committed. In other words, a reason that cancels the penalty for one person may not be valid for another person who committed the same crime.
Personal Reasons That Abolish the Penalty in the Turkish Penal Code (TCK)
There are various articles in the Turkish Penal Code that regulate personal reasons that abolish the penalty. Some of these are as follows:
1. Proximity Relationship (TCK Article 167)
According to Article 167 of the Turkish Penal Code, in the case of certain crimes, no penalty is imposed or a reduced sentence is applied due to the close relationship between the perpetrator and the victim. In particular, in crimes committed against property (such as theft or fraud), no penalty is applied for crimes committed between the following persons:
Ascendants, descendants (mother, father, child, grandchild, etc.)
Siblings
Spouses (even if divorced)
However, this provision only applies to certain types of crimes. For example, serious crimes and crimes concerning public order are not considered within this scope.
2. Personal Forgiveness (Withdrawal of Complaint)
Some crimes are investigated and punished based on the victim’s complaint. If the victim withdraws his/her complaint, no punishment is given. For example:
Insult crime
Simple wounding crime
Threat crime (committed in its simple form)
In such crimes, if the victim withdraws his/her complaint, the perpetrator may be prevented from being punished. However, some crimes can be investigated without a complaint.
3. Effective Remorse (TCK Article 168)
If the perpetrator shows remorse after committing the crime in order to compensate for the damages and this remorse is demonstrated in accordance with certain conditions, the punishment can either be completely lifted or significantly reduced. For example:
Returning the stolen goods in the crime of theft,
Compensating for the victim’s damages in the crime of fraud,
The perpetrator assisting the authorities in the crime of drug trafficking.
In such cases, good faith actions taken after the crime may provide for the removal of the penalty.
4. State of Necessity (TCK Article 25/2)
A person committing a crime to protect their own life, physical integrity or property or that of another is considered a state of necessity. If the person commits a crime due to a state of necessity, they may not be punished.
For example:
A person who steals a piece of bread due to hunger,
A person who commits an act of coercion under threat of violence,
Such states of necessity may prevent the perpetrator from being punished.
5. Legitimate Defense (TCK Article 25/1)
Legitimate defense (legitimate defense) is a defensive action taken by a person in order to prevent an attack on themselves or another person. If the defense made by the person is measured and proportionate, this may prevent them from being punished.
For example:
A person who causes harm while defending himself against a thief who enters his own house,
A person who is suddenly attacked and fights back to protect himself.
Such situations may eliminate criminal liability.
Personal reasons that eliminate punishment are one of the flexibilities that the law offers to ensure justice by considering the special circumstances of individuals. There are provisions in the Turkish Penal Code that prevent the perpetrator from being punished in some cases. However, each case should be evaluated on its own merits and the applicability of these reasons depends on the circumstances of the concrete case.
