{"id":3656,"date":"2023-08-16T10:50:46","date_gmt":"2023-08-16T07:50:46","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=3656"},"modified":"2024-06-05T13:56:57","modified_gmt":"2024-06-05T10:56:57","slug":"turk-ceza-kanununda-sahsi-cezasizlik-sebepleri","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/turk-ceza-kanununda-sahsi-cezasizlik-sebepleri\/","title":{"rendered":"REASONS FOR PERSONAL IMPUNITY IN THE TURKISH CRIMINAL CODE"},"content":{"rendered":"Although a crime occurs due to personal impunity, which is specifically regulated in the Turkish Penal Code, it is not decided to punish the perpetrator for certain reasons. While the prosecutor has the discretion to prepare an indictment and file a public lawsuit during the investigation phase, it should be decided that there is no need for punishment by the court during the prosecution phase. Personal impunity grounds must exist at the time the crime is committed.<\/p>\n<p>TCK Article 22\/6: If the result caused by a reckless act causes the perpetrator to suffer to such an extent that it is no longer necessary to impose a penalty, solely in terms of his personal and family situation, no penalty is given; In case of conscious negligence, the penalty may be reduced from half to one sixth.<\/p>\n<p>TCK Article 167\/1: Except for plunder and aggravated plunder (damage to property, fraud, theft, purchase or acceptance of criminal property, abuse of trust, unpaid benefit, etc.), the crimes included in this section; If it is committed to the detriment of a) One of the spouses for whom a separation decision has not been made, b) An ancestor or descendant, or one of the relatives in-law of this degree, or an adoptee or adopted child, c) One of the siblings living together in the same residence, the relevant relative will not be penalized.<\/p>\n<p>Article 273- (1) The person; a) Giving false testimony regarding an issue that may cause him, his ancestors, descendants, spouse or sibling to be investigated and prosecuted, b) Although he has the right to refrain from testifying, he testifies untruthfully without being reminded of this right, In this case, the penalty to be imposed may be reduced. , punishment can also be waived. (2) The provision of the first paragraph does not apply in cases of false testimony made within the scope of private law disputes.<\/p>\n<p>Destruction, concealment or alteration of criminal evidence Article 281- (1) Any person who destroys, erases, conceals, alters or corrupts the evidence of a crime in order to prevent the truth from being revealed, is punished with imprisonment from six months to five years. A person shall not be punished in accordance with the provisions of this paragraph regarding the crime he\/she has committed or participated in committing.<\/p>\n<p>Favoritism of the criminal Article 283- (1) Anyone who provides an opportunity for a person who has committed a crime to avoid investigation, capture, detention or execution of the sentence is punished with imprisonment from six months to five years. (2) If this crime is committed by a public official in connection with his duty, the penalty to be imposed is increased by half. (3) If this crime is committed by an ancestor, descendant, spouse, sibling or other accomplice, no punishment is imposed.<\/p>\n<p>Abuse of debit or credit cards Article 245 \u2013 (Amended: 29\/6\/2005 \u2013 5377\/27 art.) (1) Anyone who seizes or keeps a debit or credit card belonging to someone else, under any circumstances, shall be liable to the card owner or If he benefits himself or someone else by using the card without the consent of the person to whom it should be given or by having it used, he will be punished with imprisonment from three to six years and a judicial fine of up to five thousand days. (2) Any person who produces, sells, transfers, purchases or accepts fake debit or credit cards by associating them with bank accounts belonging to others is punished with imprisonment from three to seven years and a judicial fine of up to ten thousand days. (3) Any person who benefits himself or others by using a counterfeit or forged bank or credit card is punished with imprisonment from four to eight years and a judicial fine of up to five thousand days, unless the act constitutes another crime requiring a more severe penalty. (4) The crime in the first paragraph; If it is committed to the detriment of a) One of the spouses for whom a separation decision has not been made, b) An ancestor or descendant, or one of such relatives in-laws, or an adoptee or adopted child, c) One of the siblings living together in the same residence, no penalty shall be imposed on the relevant relative.<\/p>\n<p>Only the perpetrator who has the personal impunity benefits from the personal impunity. If those who participate in the crime do not have a personal reason for impunity, they cannot benefit from this situation.","protected":false},"excerpt":{"rendered":"<p>Although a crime occurs due to personal impunity, which is specifically regulated in the Turkish Penal Code, it is not decided to punish the perpetrator for certain reasons. While the prosecutor has the discretion to prepare an indictment and file a public lawsuit during the investigation phase, it should be decided that there is no [&hellip;]<\/p>\n","protected":false},"author":12,"featured_media":3657,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3656","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3656","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=3656"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3656\/revisions"}],"predecessor-version":[{"id":5087,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3656\/revisions\/5087"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/3657"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=3656"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=3656"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=3656"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}