Penalties and Measures in Murder Crimes: Judicial Process and Functioning of the Judicial System
Murder crimes are one of the most serious and complex crime categories of criminal law. The commission of a murder crime can deeply affect social peace and security. For this reason, the judicial process and penal measures regarding murder crimes are carried out very meticulously. Here is a detailed review of the judicial process and penal measures applied for murder crimes.
Definition and Scope of the Crime of Murder
Murder is the intentional killing of a person. According to the Turkish Penal Code (TCK), the crime of murder is generally defined as “deliberate killing”. However, there are various types and qualified cases of this crime:
Deliberate Killing (TCK 81-82): Causing the death of a person.
Deliberate Killing (TCK 82): Cases of qualified murder that require more severe penalties.
Unjust Provocation or Reduced Case (TCK 29): The act of killing is associated with situations such as unjust provocation or self-defense.
The Judicial Process in Murder Crimes
Murder crimes are meticulously handled in terms of the judicial process and consist of several stages:
2.1. Investigation Stage
The investigation stage is the first and most important step taken to solve the crime of murder. In this stage:
Crime Scene Investigation: Police and forensic experts conduct detailed examinations at the crime scene.
Determination of the Suspect: Following the incident, suspects are identified and their statements are taken.
Collecting Evidence: Physical evidence, witness statements and other important information are collected.
2.2. Prosecution Stage
After the investigation is completed, a decision is made to file a lawsuit. In the prosecution stage:
Indictment by the Public Prosecutor: If the Public Prosecutor is convinced that there is sufficient evidence that the suspect is guilty, he/she submits an indictment to the court.
Hearings: The court holds hearings to determine whether the defendant is guilty. At this stage, evidence and witness statements are evaluated.
2.3. Decision and the Supreme Court Process
The court decides whether the defendant is guilty or not and determines the penalty. For the decision to become final:
Local Court Decision: The decision given by the first degree court.
Appeal: If one of the parties objects to the decision, the Supreme Court review is conducted.
Penalties and Measures Applied in Murder Crimes
Penalties given for murder crimes vary according to the nature of the crime and the aggravated conditions:
3.1. Imprisonment
Aggravated Life Imprisonment: The most severe penalty, meaning that the defendant will serve life imprisonment. This penalty is given if the murder involves particularly brutality.
Life Imprisonment: A less aggravated penalty, meaning that the defendant will serve life imprisonment, but it is possible for the sentence to end earlier.
3.2. Other Measures
Precautionary Release: This type of application is generally not possible for murder crimes, but the sentence execution may be reviewed under certain conditions.
Secondary Measures: The court may take various measures to prevent the defendant from committing a crime again.
The Role of the Lawyer in Murder Cases
In murder cases, the lawyer defends the defendant and ensures that a fair trial process is conducted. The role of the lawyer:
Defense Strategies: Presenting evidence and arguments as to whether the defendant is guilty or not.
Legal Counseling: Providing legal guidance to the defendant and his/her family throughout the process.
Conclusion and Social Impacts
The results of murder cases have a great impact on society. Providing justice is important in terms of reestablishing the sense of trust of the victims and society. In addition, legal and social measures should be constantly evaluated to prevent murder crimes.
Conclusion
The judicial process of murder crimes has a complex and multi-stage structure. These processes, which are carried out carefully at every stage, are of critical importance for ensuring justice and punishing the criminals. Law firms and lawyers play an important role in ensuring that this process works effectively and protecting the rights of the defendants.