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Attorney Ümit ÖZ

Turkish Criminal Law Attorney for

 

Intentional Killing 

Murder Defense Lawyer Turkish Law

 
 

Intentional Killing

Article 81 - (1) A person who intentionally kills another person shall be punished with life imprisonment.

Qualified Cases

Article 82 - (1) If the crime of intentional killing is committed under any of the following conditions:

a) With premeditation,

b) With monstrous feelings or by inflicting torture,

c) By using fire, flooding, destruction, sinking, bombing, or nuclear, biological, or chemical weapons,

d) Against an ascendant or descendant, spouse, ex-spouse, or sibling,

e) Against a child or a person who cannot defend themselves physically or mentally,

f) (Amended: 12/5/2022-7406/2) Against a woman,

g) Due to the public duty performed by the person,

h) To conceal a crime, destroy evidence, facilitate the commission of a crime, or avoid capture,

i) (Added: 29/6/2005 - 5377/9) Due to the outrage felt from not being able to commit a crime,

j) With the motive of blood revenge,

k) With the motive of honor, The person shall be punished with aggravated life imprisonment.

 

Intentional Killing Committed by Negligent Behavior

Article 83 - (1) For a person to be held responsible for the death resulting from failing to perform a certain act, the negligence in fulfilling this obligation must be equivalent to the act itself.

(2) For the negligence and the act to be considered equivalent, the person must:

a) Have a legal or contractual obligation to perform a certain act,

b) Have previously created a dangerous situation concerning others' lives,

(3) In cases where death is caused by the negligence of a certain obligation, the person may be sentenced to between twenty and twenty-five years for aggravated life imprisonment, between fifteen and twenty years for life imprisonment, or between ten and fifteen years for other cases, with no reduction in the sentence.

 

Encouraging Suicide

Article 84 - (1) A person who incites, encourages, strengthens someone’s decision to commit suicide, or assists in any way with another's suicide shall be punished with imprisonment from two to five years.

(2) If the suicide is completed, the person shall be punished with imprisonment from four to ten years.

(3) A person who publicly encourages others to commit suicide shall be punished with imprisonment from three to eight years. (The second sentence has been repealed: 29/6/2005 – 5377/10)

(4) Those who direct individuals who lack the ability to perceive the meaning and consequences of their actions towards suicide or who coerce people into suicide using force or threats shall be held responsible for intentional killing.

 

Killing by Negligence

Article 85 -

(1) A person who causes another’s death through negligence shall be punished with imprisonment from two to six years.

(2) If the act results in the death of more than one person or in the death of one or more persons along with the injury of one or more persons, the person shall be punished with imprisonment from two to fifteen years.