VOLUNTARY RENUNCIATION IN THE TURKISH CRIMINAL CODE

Voluntary renunciation is a violation of Article 36 of the Turkish Penal Code No. 5237. It is regulated in the Article.

Article 36 of the TCC No. 5237 entitled “Voluntary Renunciation”. According to the article; The perpetrator will not be punished for the attempt if he voluntarily renounces the execution actions of the crime of his own free will or prevents the completion of the crime or the realization of the result by making efforts of his own free will and will.

However, if the part that is OK with the perpetrator’s acting towards the crime essentially constitutes a crime, it will only be punished with the punishment of that crime. Here, for the acceptance of voluntary renunciation after the expiration of the enforcement acts, the renouncer must make a serious effort to prevent the completion of the offense and prevent the outcome.

Voluntary renunciation of crimes committed in association with Article 41 of the Turkish Penal Code No. 5237. It is regulated in the Article.

Elements of voluntary renunciation in crimes committed in partnership (TCK art. 41/2);

a-) The crime was not committed for any other reason other than the effort shown by the voluntary renunciation,

b-) The crime was committed despite all the efforts of the voluntary renunciation.

In these cases, the provisions of voluntary renunciation will also apply.

article 41 of the Turkish Commercial Code No. 5237. The second paragraph of the article has made every effort to prevent the crime of the accomplice who voluntarily gave up, but the crime has been regulated within the possibility that it may not have been committed for another reason. The legislator, even in this case, intended to take advantage of the provisions of voluntary renunciation of the accomplice who voluntarily renounced.

Another possibility is that, despite all the efforts of the accomplice who voluntarily gave up, the other accomplices committed the crime.

In this case, the accomplice, who voluntarily gives up despite the fact that the crime has been committed and makes every effort not to commit the crime, should not be held responsible for participating in the crime committed.

It should be noted that in this case, the accomplice will be held responsible for this crime if his actions committed up to the moment of voluntary renunciation constitute an independent crime.

 

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