One of the penalty reductions applied to defendants in Turkish Criminal Law is the discretionary reduction reason known as “good conduct reduction”. This reduction can be applied by the judge depending on factors such as the defendant’s attitude during the trial process, remorse and respectful behavior during the hearings. So, what is good conduct reduction, under what conditions is it applied and how is it evaluated? Here are the details:
What is Good Conduct Reduction?
Good conduct reduction is a penalty reduction regulated in Article 62 of the Turkish Criminal Code that produces results in favor of the defendant. This reduction, which is determined by the judge by taking into account the positive behaviors of the defendant during the trial process, ensures that the sentence is reduced to a certain extent.
This regulation is stated in the law as follows:
“Discretionary reduction can be applied by taking into account the defendant’s past, social relations, behavior after the act and during the trial process, and the future effects of the sentence.”
Within the scope of this regulation, the defendant’s attitude and behavior during the trial process affect the penalty reduction. However, this reduction is not mandatory and is applied at the discretion of the judge.
Conditions for Benefiting from Good Conduct Discount
There are some basic conditions for the application of good conduct discount:
The Defendant’s Attitude During the Trial Process: The defendant must display a respectful, remorseful and positive attitude during the trial process.
The Nature of the Crime: The judge decides whether to apply a good conduct discount by evaluating the nature of the crime committed and the defendant’s tendency to commit crimes.
Future Effects of the Sentence: Whether the discount will contribute to the rehabilitation of the defendant is taken into consideration.
The Defendant’s Past and Social Status: Factors such as the defendant’s lack of a criminal record, his/her status in society and whether he/she has committed a similar crime before are evaluated.
Discretion by the Court: The judge decides whether to apply the discount by taking into account the defendant’s attitude during the hearings, remorse and other factors.
How is Good Conduct Discount Calculated?
Good conduct discount is applied by reducing the sentence given to the defendant by 1/6. For example;
If the defendant is sentenced to 6 years in prison, this sentence can be reduced to 5 years with a good conduct reduction.
For a person sentenced to 3 years in prison, the sentence can be reduced to 2 years and 6 months with a good conduct reduction.
This reduction is applied by the judge before the sentence is finalized and is taken into account during the execution of the sentence.
Who is Not Applied to Good Conduct Reduction?
In some cases, good conduct reduction may not be applied. In particular;
If the defendant exhibits a negative and disrespectful attitude during the court process,
If they commit repeated crimes (those who have a criminal habit),
If they commit serious crimes (for example, serious crimes such as intentional homicide or rape),
If the defendant does not show remorse,
If it is not appreciated by the court,
the judge may decide not to apply a good conduct reduction.
A good conduct reduction is a sentence reduction applied depending on the defendants’ attitudes during the court process. However, this reduction is not mandatory and is subject to the judge’s discretion. In accordance with the principle of “individualized punishment”, which is one of the basic principles of law, the decision is made by taking into account the defendant’s past, his/her remorse after committing the crime and his/her status in society. Therefore, whether or not a good conduct reduction will be applied may differ in each case.
