Intentional Killing under Turkish Law
Serious criminal offences against life are regulated by the Turkish Penal Code (“TCP”) and covers acts of homicide and suicide.
Homicide
Voluntary Manslaughter – Intentional Killing/Homicide (Article 81-83 TCP)
Voluntary manslaughter may be regarded as one of the most serious offences and is defined as willfully and unlawfully ending the life of another human being. Therefore, it is the deliberate killing of a person for which the offender can be imprisoned for life.
The sentence depends on the circumstances of the offence that would increase the severity of the act. The following circumstances are likely to result in being sentenced to heavy life imprisonment:
- Planning; or
- Use of nuclear, biological or chemical weapon to cause destruction; or
- Intentionally killing a spouse, family members, a child, a disabled person, a pregnant woman or someone who is unable to protect themselves; o
- Blood feud; or
- Being ferocious or brutal; or
- By virtue of public office; or
- Resentment by the offender because they are unable to commit an offence; or
- Intention to conceal or facilitate the commission of an offence.
To prove that an offender has committed voluntary manslaughter, the elements of a crime must be present, namely the guilty act (actus reus) and the guilty mind (mens rea). The mens rea is particularly important to determine voluntary manslaughter, and the Court of Cessation provides the following guidance on factors to consider regarding the offender’s behavior:
- Whether there is animosity between the parties and the extent and reason;
- Nature, place and quantity of the wounds inflicted;
- Whether the offender targeted vital organs of the victim (heart, lungs, etc.);
- Choice of weapon used by the offender and how deadly it is;
- Course of events leading to the offence and the underlying reasons;
- Whether the offender had a chance to choose the victim;
- Offender’s behavior towards the victim after the offence was committed.
The TCP also covers acts of omission (failure to act) that result in voluntary manslaughter. In these circumstances, the offender may be sentenced to 20 to 25 years instead of heavy life imprisonment and 15 to 20 years instead of life imprisonment.
Suicide
Under Article 84 TCP, someone who incites, directs or encourages another to commit suicide is guilty of an offence. Imprisonment may range between 2 to 5 years or 3 to 8 years (incitement and encouragement), or 4 to 10 years (where death occurs).