The crime of attempted murder with a weapon is a serious crime within the framework of the Turkish Penal Code (TCK) and is subject to different penal sanctions depending on the perpetrator’s intent, the occurrence of the incident and the extent of the damage caused. In this article, the legal dimensions and penalty periods of the crime of attempted murder with a weapon will be discussed in detail.
1. What is Attempted Murder with a weapon?
According to the TCK, the crime of attempted murder is defined as deliberately depriving a person of his right to life. However, in some cases, even if the perpetrator’s intention is to kill, the act does not result in the death of the victim. In this case, “attempted murder with a weapon” occurs.
2. Attempted Murder with a weapon in the Turkish Penal Code
According to Article 81 of the TCK, the basic penalty for the crime of deliberate murder is life imprisonment. However, if the crime remains at the attempted stage, Article 35 of the TCK is applied when determining the penalty. Accordingly;
If the perpetrator acted with the intention of killing but the victim survived, the basic sentence will be reduced due to the crime not being completed.
The sentence to be given is determined according to the degree to which the perpetrator committed the act and the damage caused to the victim.
According to Article 35 of the TCK, the sentence to be given to the perpetrator due to the crime not being completed can be reduced from ¼ to ¾ of the prison sentence to be given.
3. Effect of Use of Weapon on the Sentence
Crimes committed with a weapon are considered among the qualified cases that increase the amount of the sentence. According to Article 82 of the TCK, situations such as attempting to kill someone “with premeditation” or “with a monstrous feeling” aggravate the nature of the crime and may increase the upper limit of the sentence to be given. In the case of use of a weapon;
It may become a crime and lead to a more severe sentence.
The lower limit of the perpetrator’s sentence may be increased.
During the trial phase, the nature of the weapon used and the level of intent of the perpetrator are also taken into consideration.
4. Penalty Amounts in Practice
Generally;
A perpetrator who attempts to commit intentional murder may be tried with a life sentence, but a sentence reduction is applied due to the crime not being completed.
In crimes committed with a weapon, the sentence to be received by the perpetrator may be determined by the court as a minimum of 9-15 years in prison depending on the manner in which the crime was committed.
If there are aggravating factors in the crime (such as being committed with premeditation or with a monstrous feeling), the sentence may be increased.
5.
Attempted intentional murder with a weapon is one of the most serious crimes in criminal law, and the penalty rates stipulated in the TCK vary according to the perpetrator’s actions, the use of weapons, and the manner in which the crime was committed. In such cases, the court determines the perpetrator’s sentence according to the characteristics of the incident and imposes penal sanctions in accordance with the relevant articles of the TCK.
