'National penalties - maximum penalty' in document 'Turkey - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST VOLUME
General Provisions

SECOND CHAPTER
Essence of Criminal Responsibility

SECOND SECTION
Excusatory and Mitigating Causes

Minority

ARTICLE 31-(1) The children having not attained the full age of twelve on the commission date of the offense, may not have criminal responsibility. Besides, no criminal prosecution may be commenced against such persons ; but, it may be deemed necessary to take certain security precautions specific to children.

(2) In case a person who attained the age of twelve but not yet completed the age of fifteen on the commission date of the offense does not have the ability to perceive the legal meaning and consequences of the offense, or to control his actions, he may not have criminal responsibility for such behavior. However, security precautions specific to children may be adopted for such individuals. If a person has the ability to apprehend the offense he has committed or to control his actions relating to this offense, then such person may be sentenced to imprisonment from nine years to twelve years if the offense requires heavy life imprisonment ; from seven years to nine years if the offense requires life imprisonment. Two thirds of other punishments is abated and in this case, the imprisonment to be imposed for each offense may not be more than six years.

(3) A person who attained the full age of fifteen but not yet completed the age of eighteen on the commission date of the offense is sentenced to imprisonment from fourteen years to twenty years if the offense requires heavy life imprisonment; and from nine years to twelve years if the offense requires life imprisonment. One half of the other punishments is abated and in this case, the imprisonment to be imposed for each offense may not be more than eight years.

FIRST VOLUME
General Provisions

SECOND CHAPTER
Essence of Criminal Responsibility

SECOND SECTION
Excusatory and Mitigating Causes

Insanity
ARTICLE 32-(1) A person lacking ability to perceive the legal meaning and consequences of the offense, or having considerably lost the capacity to control his actions due to insanity may not be subject to any punishment. However, security precautions are imposed for such individuals.

(2) Even if not to such an extent stated in the first subsection, a person lacking ability to control or direct his actions in respect of offense committed by him is sentenced to twenty five years imprisonment instead of heavy life imprisonment and to twenty years imprisonment instead of life imprisonment. In other cases, on sixth of the punishment to be imposed may be abated. The entire or part of penalty inflicted may be applied as security precaution specific to insane persons, provided that the sentence period remains the same.

FIRST VOLUME
General Provisions

SECOND CHAPTER
Essence of Criminal Responsibility

THIRD SECTION
Attempt To Commit An Offence

Attempt To Commit an Offence

ARTICLE 35- (1) A person who acts with the intention of committing crime but fails to perform the acts necessary to commit the crime due to a cause beyond his control, is considered to have attempted to commit crime.

(2) In case of attempt to commit crime, the offender is sentenced to imprisonment from thirteen years to twenty years instead of heavy life imprisonment according to the seriousness of the damage or danger ; and imprisonment from nine years to fifteen years instead of life imprisonment. In other cases, the punishment is abated from one-fourth up to three-fourth.

FIRST VOLUME
General Provisions

SECOND CHAPTER
Essence of Criminal Responsibility

FOURTH SECTION
Participation In Commission of A Crime

Solicitation

ARTICLE 38- (1) A person soliciting another person to commit offense is punished according to the degree of crime committed.

(2) In case of solicitation to commit offense by using the power originating from lineage (antecedent/descendent) relation, the punishment of the soliciting person is increased from one-third to one half. The lineage relation is not sought for increase of punishment pursuant to the provisions of this subsection in case of solicitation of minors to commit offense.

(3) Where the soliciting person is not known, the offender who plays role in identification of the soliciting person, or other accomplice is sentenced to imprisonment from twenty years to twenty-five years instead of heavy life imprisonment and to imprisonment from fifteen years to twenty years the offense requires life imprisonment. In other cases, one-third of the punishment can be abated.

FIRST VOLUME
General Provisions

SECOND CHAPTER
Essence of Criminal Responsibility

FOURTH SECTION
Participation In Commission of A Crime

Encouragement of A person To Commit Offence

ARTICLE 39- (1) A person encouraging another person to commit offense is sentenced to life imprisonment from fifteen years to twenty years if subject to heavy life imprisonment ; and from ten years to fifteen years imprisonment if the offense requires life imprisonment.

2) A person is kept responsible under the following conditions from commission of offense as the party encouraging the offender ;

a) To solicit a person for commission of an offense or to support his decision to commit offense or to guarantee help after commission of offense.
b) To give idea about how the offense shall be committed or to supply the necessary tools to be used during commission of offense.
c) To render support before and during the commission of offense in order to simplify the intended act.

FIRST VOLUME
General Provisions

THIRD CHAPTER
Sanctions

FIRST SECTION
Punishments

Heavy Life Imprisonment

ARTICLE 47-(1) Heavy life imprisonment continues until death of the convict and is enforced under the strict security measures as defined in the law and statute.

Life Imprisonment

ARTICLE 48-(1) Life imprisonment continues until the death of the convict.

Imprisonment for definite period

ARTICLE 49-(1) Unless otherwise is provided by the law, imprisonment for definite period may not be less than one month, more than twenty years.

(2) The imprisonment for one year or less than a year is considered as short-term imprisonment.

SECOND VOLUME
Special Provisions

FIRST CHAPTER
International Offenses

FIRST SECTION
Genocide and Offenses against Humanity

Genocide

ARTICLE 76-(2) A person who commits the offense of genocide is sentenced to heavy imprisonment.

SECOND VOLUME
Special Provisions

FIRST CHAPTER
International Offenses

FIRST SECTION
Genocide and Offenses against Humanity

Offenses against Humanity

ARTICLE 77-(2) In case of execution of the act mentioned in paragraph (a) of first subsection, the convict is sentenced to heavy imprisonment ; in case of commission of offenses listed in other paragraphs, the convict is sentenced to imprisonment not less than eight years. However, if the offense is caused by voluntary manslaughter or intentional injury of a person, then the provisions relating to physical joinder are applied in consideration of number of victims.