FELONY OF INTENTIONAL HOMICIDE (TCK ! 81-! 82)
Intentional killing, also known as murder among society, is called the intentional termination of the life of another human being. The crime of intentional homicide is organized in the second part of the TCK under the heading of crimes against life in the category of crimes against persons. In Article 81 of the TCK, the basic state of this crime is contained in Article 82, and its qualified form. Here the legal value protected by the legislator is the right to life of persons.
TCK Md. 81 '' Whoever intentionally kills a person is punishable by life imprisonment.” The penalty given to an offender who commits the crime of simple intentional killing under the law is life imprisonment.
In order for us to speak of the crime of intentional killing, the act of killing alone is not enough, but he must do it knowingly and willingly. For example, even if the pedestrian died in the act of unintentionally hitting a pedestrian crossing while driving, there is no mention of the crime of intentional homicide. The act of taxidermy killing is mentioned here. However, in case of causing his death, the act of deliberately killing a person he does not love is mentioned here, when it is caused.
Who Can Commit the Crime of Intentional Murder
On the basis of the article of the law, anyone can be the perpetrator of this crime. So anyone can commit this crime. However, when we are talking about their qualified status, the perpetrator who will commit this crime must have a number of characteristics. For example, in order to talk about the killing action against the lower soybean or the upper soybean, there must be a bond of innocence.
Against Whom the Crime of Intentional Murder Is Committed
the victim, that is, the person killed so that the crime of intentional homicide may occur;
· Being human
· To be alive
is required. The crime of murder takes place only on condition that it is human and alive. What is meant by “alive” here is that it must have come to life correctly, that is, the birth event must have taken place. Besides, he wasn't dead. The widely accepted view today to talk about the death of a person medically is that brain death occurs.
Forms of Committing the Crime of Intentional Murder
Since the act of intentional killing is a free-moving crime, this crime can be committed with the act of execution, as well as by negligent acts. In Articles 81 and 82 of the TCK, the crime of intentional killing by performing acts is regulated, while the crime of killing by negligent acts is regulated in Article 83. There are no restrictions on intentional killing by executive actions. However, there are certain conditions imposed by the law in order to be able to mention the crime of intentional killing by negligent acts.
Killing a person with a knife, gun, fist, stick or stone is a crime of intentional killing by performing acts. We will give it further under the subject heading so that deliberate killing with negligent movements can be better understood.
Provisions of attempted murder may also apply to crimes of intentional homicide. In order for the enterprise provisions to apply here, the act of killing must not take place. For example, the perpetrator fired four to five shots in the upper body to kill the victim, but if the victim survived by chance, the provisions of attempted murder are mentioned here, or if the perpetrator fired 4-5 shots at close range at close range but the victim escaped without any of them being hit, there are still counts of attempted murder.
Are Wrongful Incitement Discounts Made for Crimes of Intentional Manslaughter?
Unjust drive is regulated in article 29 of the TCK. According to the law, '“Anyone who commits a crime under the influence of rage or violence committed by an unjust act shall be sentenced to imprisonment from eighteen years to twenty-four years instead of an aggravated life sentence and from twelve to eighteen years in lieu of life imprisonment.”
In the case of crimes of intentional homicide, there is also a discount in case of unjust incitement. For example, if he kills the alleged perpetrator because he beat up the alleged perpetrator, an unfair incrimination deduction will be incurred.
Do Self-Defense (Legitimate Defense) Provisions Apply to Crimes of Intentional Killing?
The legitimate defense is regulated in article 25 of the TCK. According to the law, '“The perpetrator shall not be punished for acts committed with the obligation to repel an unjust attack, which is directed against him or another, which has been committed, must occur or be repeated in a manner commensurate with the attack according to the circumstances and circumstances.”
In terms of the condition of the legitimate defense “unjust assault”, “the unjust assault that occurred” and “the occurrence of an unjust assault” or “repeated unjust assault” were considered the same. Thus, the ability of individuals to protect themselves against unjustified attacks is further expanded.
The fact that the defense is “proportional to the attack”, that is, to the extent that it defeats the attack, has been considered one of the basic conditions of legitimate defense. If the person being assaulted only commits an act to the extent that it incapacitates that attack, the legitimate defense will benefit from the cause of compliance with the law. Thus, one can speak of legitimate defense in the event that an act of intentional killing takes place under these circumstances. For example, when the perpetrator tries to point a gun at the perpetrator and tries to shoot, the perpetrator picks up a stone from the ground and throws it at the victim's head and dies as a result of which the perpetrator picks up a stone to protect himself.
Qualified Cases of the Crime of Intentional Murder
1. Processing of the verb by design
It is not explained in the article of the law what is meant by the concept of design, but there are two opinions that are accepted according to the Supreme Court and the established jurisprudence; according to one opinion, it is explained that the perpetrator commits his act in cold blood. Accordingly, the person who knowingly and willingly carries out death, such as manslaughter, which is a heavy act such as manslaughter and who carries out this process in a nervous state of immutability, kills the victim without any pity, excitement or irritation, is the person who has committed the act of suffering. According to the second opinion put forward, in the killing of a man within the framework of a certain plan of the perpetrator. One speaks of the intensity of intent in the event that he commits his crime, picks up his weapon in accordance with the plan, observes the victim, ascertains the time of the act. It is enough that it can be a matter of creating a plan, that the plan is not implemented completely, with all the details, and the act is executed, adhering to its outlines.
In the practice of Turkish law, a mixed opinion has been put forward, which is more oriented towards planning: the fact that the perpetrator has a reasonable period of time indicating perseverance and persistence in the execution of his action, that during this time the perpetrator thinks soundly and makes a judgment about whether or not to carry out the act, although he does not give up his decision will reveal the intensity of intent.
2. Processing of the verb with a monstrous feeling or torment
What is meant by monstrous is that the perpetrator enjoys and enjoys the act of killing. A degree of psychopathy can also be mentioned here, because the perpetrator performs the act of killing just to kill and enjoys it. On the other hand, he uses brutal methods in his killing actions. For example, if he killed a man with a saw by splitting him into pieces, and killing him with nails all over his body. Indeed, in its judgment of 29 December 2004, No. 2994/4402, the Supreme Court of First Penal Chamber stated his monstrous feeling in the form of a tendency to dangerous and savage evil in terms of humble motive, essence and purpose, which the common consciousness, feeling and conscience of society will never approve.
Torment is more of a victim-related concept and refers to pain and suffering as well as losing a life through a constant agony over time. In this case, the person is killed by suffering not immediately, but in a certain process. For example, a person suffers by removing his eyes, cutting off his ears and other organs, and is ultimately killed.
3. Processing of acts by fire, flooding, destruction, sinking or bombing, or using nuclear, biological or chemical weapons
Here, the perpetrator causes the death of the victim or victims by fire, flood, bombing and other circumstances. In these cases, because the destructive power of the actions is too great, it can cause the death of more than one person along with the victim whom the perpetrator wants to kill. As a result, the perpetrator will be punished for each death individually according to the form of the incident.
4. Processing of the verb against one of the upper and lower lineages, or of the spouse or sibling
It is necessary that the perpetrator and the victim have an upper or lower family, this relationship must be related to blood poisoning, and that this relationship does not occur due to marriage (sanity). So like grandchildren, grandfathers, children, mother, father, grandmother, grandfather.
The term sibling refers to a sibling in marriage, a parent or a paternal sibling. In order for the extramarital sibling to be recognized in this sense, recognition is necessary within the framework of the provisions of the Civil Code.
The spouse indicates the married husband and wife within the framework of the provisions of the Civil Code. The fact that a decision has been made to separate, one of the spouses leaves the other, the decision to divorce is not finalized does not lead to the conclusion that this relationship does not disappear. Cohabitation as a result of Imam marriage should not be considered as a peer-to-peer relationship.
5. The commission of the crime of intentional manslaughter against a child or a person who cannot defend himself in body or spirit
Who the child is TCK. It is defined in 6/1-b. Accordingly, a child is a person who has not reached the age of eighteen.
Persons who are unable to defend themselves in terms of body and spirit are those who are elderly, sick, disabled or in temporary, permanent discomfort, or persons who are in a similar situation.
The defense possibilities of those who are in this situation are very weak; Being in a position to be unable to defend oneself, especially in terms of body and spirit, must be evaluated according to concrete events.
6. Processing of the verb against the person known to be pregnant
The reason for the recognition of this qualified state by the legislator is the presence of a presence in the womb of the mother, as well as the ease of committing the act against a vulnerable person. In order for the qualified state to be applied, it is necessary to know that the victim is pregnant, so that the perpetrator knows it. If the perpetrator does not know this, he is punished for the basic state of the crime of intentional homicide. If the fetus also died as a result of the verb, the perpetrator is also not responsible for aborting the child, since there is no caste in the perpetrator.
7. Intentional manslaughter is committed because of a public duty performed by the person
Article 61 of the TCK specifies who the public official is. It states that the person performing the public duty is a public servant. The public official here is the person who carries out public activities. The point of attention here is that the perpetrator killed the public official for the sake of his duty. For example, if the perpetrator committed the act of theft and is caught by the police while fleeing, during which he stabs the police and escapes from his hand, the perpetrator kills the police officer performing his public duty and punishes it under this clause. If an off-duty police officer is stabbed and killed by a citizen with whom he is arguing, we cannot speak of qualification here, and the perpetrator is punished by the basic form of intentional killing.
8. The commission of intentional manslaughter for the purpose of concealing a crime, eliminating its evidence, or facilitating its commission or not being caught
It is necessary to consider the stated reasons as qualified, the murder must be committed in connection with another crime. However, the commission of the other crime does not have to be committed. For example, when the perpetrator is killed by the perpetrator who will testify that the perpetrator is dealing drugs, or killing the security guard guarding the bank to rob a bank.
9. Committing a crime with infiability for failure to commit a crime
It is when the perpetrator wants to commit another crime and, therefore, cannot commit this crime, turns to the crime of manslaughter with anger, anger and reaction.
10. Killing with bloodsucking saiki
Bloodherding is when a person considers it his duty to kill one of his own family or relatives in the face of the murder of a person from another family and performs this act. This type of action has been widely observed in our country for many years. For example, the person who killed his father for this reason.
11. Killing by ceremonial means
Ceremony is indicated as the rules of manners and morals that a large part of the individuals in a society believe in and the ways of behavior influenced by them. Ceremonial murders have unfortunately been widely observed in our country for many years. For example, the murder of a woman who became pregnant as a result of sexual assault, or the execution of a woman who ran away with her loved one by the family council, and the killing of both the woman and the fleeing person.
Above, the qualified cases of crimes of intentional homicide are enumerated individually. The perpetrator who commits the act of killing with one of the qualified states is tried with an aggravated life sentence.
Handling Intentional Killing with Negligent Behavior
The crime of manslaughter by negligence is regulated in article 83 of the TCK as follows;
(1) In order for a person to be held responsible for the consequence of death that occurred because he does not perform a certain act of execution for which he is obliged, the neglect of obligations that led to the occurrence of this result must be equivalent to enforcement action.
(2) In order for the negligence and execution of the conduct to be considered equivalent, the person;
a) the finding of an obligation arising from legal regulations or a contract to engage in certain enforceable conduct;
b) that his previous behavior constitutes a dangerous situation in relation to the life of others,
It is necessary.
(3) In the case of a person who causes death by omission of a certain obligation, as the basic penalty, from twenty years to twenty-five years in lieu of an aggravated life sentence, fifteen to twenty years in lieu of life imprisonment, and in other cases ten to fifteen years in prison, in other cases, in the case of a sentence of ten years to fifteen years, There may also be no discount.
Negligence is the failure to act in accordance with this obligation, in cases where the obligation to perform a certain executive conduct is imposed on the person. As a result of the failure to perform this act contrary to the obligation to perform a certain executive act, a person may have died. For example, a doctor or nurse working in a medical institution does not intervene in a patient whose situation is urgent, and as a result, the patient dies. Or if a lifeguard dies as a result of failing to save a drowning person, or, for example, a person who causes a traffic accident with a taxi cab undertakes an obligation to ensure that people injured as a result of the accident are treated as soon as possible. If he leaves the injured people there and runs away and those people die, he will have caused their death by negligence.
In order to be held responsible for the death caused by negligent conduct, the existence of an abstract moral obligation to prevent the outcome is not sufficient; in this regard, the existence of a legal obligation is necessary. This obligation may be based on a law, contract or regulation.
Competent and Competent Court for the Crimes of Intentional Murder
Since the crime of intentional homicide is a felony, the presiding court is the heavy criminal courts. The competent court, on the other hand, is the serious criminal court or the nearest serious criminal court where the crime was committed.
Is the crime of intentional homicide subject to complaint?
The offenses that are subject to the complaint are specified in the Turkish Criminal Code. In the text of the law, it is clearly indicated which crimes are subject to complaint. However, neither the basic nor the qualified form of the crime of murder is a crime subject to complaint. An investigation can be initiated even in case of notification or detection of re 'sen. Therefore, a re-'sen (spontaneous) investigation will be initiated by the prosecutor's office. Even if the relatives of the defendant do not complain, these are lawsuits that will be carried out if they are not complainants.
Intentional killing (Homicide) Lawyer
It will certainly be in your favor to file your defense with a criminal lawyer, since they are serious crimes in terms of the nature of murder crimes and the penalties given are high. Because here the lawyer will be able to have a direct effect on the fact that the penalties you will receive in light of technical issues such as legitimate defense, wrongful driving, caste or taxing are reduced or eliminated. It doesn't matter where the lawyer who handles the murder cases you're going to work on is, or where the crime was committed. It makes no difference if your case is seen in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you are going to work effectively defends. Therefore, when searching, you do not need to search for severe criminal lawyer Istanbul, severe criminal lawyer Bakırköy, severe criminal lawyer Çağlayan, severe criminal lawyer Kartal.
Serious Criminal Case Lawyer Fee
The hiring of a felony criminal lawyer for murder crimes is absolutely inevitable. Otherwise, you may face very high penalties. The attorney fee for a felony criminal case can be set freely between clients and lawyers. But it cannot be less than the fees published in the Official Journal every year. The Istanbul Bar Association publishes an advisory fee schedule every year. Charges for serious criminal proceedings, ordinary criminal charges have been established.