How Much is a Sentence Reduction for Good Conduct?
In criminal law, the criminal liability of a person who commits a crime is determined by the way the crime was committed, the criminal’s personal characteristics and social conditions. However, in some cases, a sentence reduction can be made to the criminal. One of these reductions is the “good conduct” reduction, which is made based on factors such as the criminal’s behavior during the trial process, his previous innocent life and his remorse for the crime.
What is Good Conduct Reduction?
According to the Turkish Penal Code (TCK), a criminal can show “good conduct” during the trial process. Good conduct refers to the defendant’s attitude and behavior during the hearings, whether he regrets the crime and his previous innocent life. If the court is convinced that the defendant has shown “good conduct”, a sentence reduction can be made.
How is Good Conduct Reduction Applied?
According to Article 62 of the TCK, it is possible to reduce the sentence in cases where the defendant shows good conduct. However, there are no specific rates for “good conduct discount” here. The judge who conducts the trial decides how much to reduce the sentence by evaluating the special circumstances of each case. Good conduct discount generally provides a reduction of 10% to 30% from the sentence. However, the judge determines this rate by taking into account the defendant’s behavior and the attitudes displayed during the hearing.
To Whom Does Good Conduct Discount Apply?
Good conduct discount is not applied to every defendant. However, in some cases, this discount may be eligible:
Regret for the Crime: Good conduct discount can be applied to defendants who feel remorse after committing the crime and clearly show this remorse during the trial.
Hearing Behavior: The good behavior displayed by the defendant during the hearings (for example, respectful and honest approach to the court) can also be considered as an indicator of good conduct.
The Charges Against Them Are Mitigating: The defendant’s lack of a previous criminal record, the special circumstances under which he was forced to commit the crime or the manner in which the crime was committed can also be considered for good conduct discount.
What are the Crimes to Which Good Conduct Discount is Applied?
Good conduct discount cannot be applied to every type of crime. This discount is mostly applied to crimes that will reduce the criminal’s sentence. For example, in the case of crimes such as theft and fraud, the defendant can show whether he/she is remorseful and receive a good conduct discount.
However, in the case of serious crimes (for example, murder, rape, terror crime), the trial process may be different. Good conduct discounts for such crimes are more limited. Nevertheless, the judge can evaluate each situation on a special basis.
Evaluation of Sample Decisions for Good Conduct Discount
The decisions of the Court of Cassation also provide important clues on good conduct discounts. For example, the Court of Cassation accepts that it is a correct decision to apply a sentence discount by evaluating whether the defendant is remorseful for the crime and his/her life before the crime. However, if the crime was committed seriously or caused serious harm to society, a good conduct discount may not be applied.
Good conduct discount is an important factor that can help reduce the sentence in criminal cases. However, the extent of this reduction varies depending on the circumstances of each specific case. The judge reduces the defendant’s sentence by taking into account the behavior during the trial, the state of remorse, and the manner in which the crime was committed.
