Conditions Of Repetition:
A New Crime Is Committed After The Sentence For A Previous Crime Has Been Finalised
For a crime that the person has already committed in order to apply the provisions of repetition
after the sentence has been finalised, he must commit a new crime.
A final sentence for a previous crime must be a criminal conviction. So imprisonment
or it should be a judicial fine. 58. Article 2. sentence periods imprisonment and judicial fine
it is understood that the previous conviction should be a criminal conviction. Only
a conviction for security measures does not result in the application of repeat provisions. For this crime as 223. security measures imposed in accordance with the article, as well as a short-term prison sentence applies to measures. It is sufficient for the previous criminal conviction to be finalised and for the application of repeat provisions the sentence should not have been executed. Execution of sentence only it is important to start processing. General amnesty, case, since a final criminal conviction is required for the implementation of the repeal provisions statute of limitations, dismissal of complaint, as there is no conviction in the case of pre-payment repeat provisions do not apply in relation to the subsequent crime. But in the case of a special amnesty, the punishment expires since the conviction is in question, repeat provisions will apply. Criminal execution on the statute of limitations because it cannot be, repeat times will not begin to process. Postponement of imprisonment in terms of execution because it has consequences and is a final criminal conviction, repeat provisions references In cases where the Act ceases to be a crime with the amendment, its legal consequences are also since it got up on its own (Turkish Criminal Law article 7/1) the verb that ceases to be a crime is not based on repetition. Since the repetition contained in our criminal code occurs for punishments that are equivalent to a crime, it is not a crime and this does not apply to non-criminal convictions. If the conviction for a previous crime was given to persons under the age of 18 at the time of the actual commission, this repeat provisions relating to the crime committed by persons later cannot be applied. Because of 58. Article 5. according to the paragraph, ” due to the crimes committed by persons who were under the age of eighteen at the time of the actual commission repeat provisions do not apply.”
