Intentional homicide is one of the most serious crimes in the Turkish Penal Code. If this crime is committed, both society and the victims’ relatives suffer deep wounds. However, the Turkish Penal Code also provides for situations such as the perpetrators showing remorse and, in some cases, reducing the sentence. In this article, we will examine in detail the legal dimensions of remorse and the reasons for reduction in the crime of intentional homicide.
What is Remorse?
Remorse means that the perpetrator is sincerely sorry for the act he committed and wants to give up this act. In the Turkish Penal Code, certain conditions are sought for remorse to provide a reduction in the amount of the sentence. These conditions include helping to reveal the crime and repairing the damage to the victim or his relatives.
Remorse in the Crime of Intentional Homicide
It is very difficult to accept remorse in a serious crime such as intentional homicide. However, the remorse shown by the perpetrator in the process after the crime is committed is evaluated by the court and a reduction in the amount of the sentence can be provided.
Reasons for Reduction
Other reasons that may lead to a reduction in the sentence in the crime of intentional homicide are as follows:
Provocation: If the perpetrator was under severe provocation while committing the crime, the sentence may be reduced. However, the state of provocation must be evaluated objectively and subjectively.
Being under the influence of circumstances: If the perpetrator was under the influence of substances such as alcohol or drugs while committing the crime, the sentence may be reduced. However, the role of this situation in the commission of the crime is important.
Not being of full age: If the perpetrator was not of age while committing the crime, the sentence may be reduced or a precautionary measure may be applied instead of the sentence.
Legal Assessment
The evaluation of remorse and reasons for reduction in the crime of intentional homicide is entirely at the discretion of the judge. The judge makes a decision by evaluating all the evidence and proofs in the file, taking into consideration the perpetrator’s intent while committing the crime, his/her state of remorse and other reasons for reduction.
