The most serious form of the crime of deliberate murder is committing the act with premeditation. TCK Article 82/1-a requires a sentence of aggravated life imprisonment; This sentence is also subject to the strictest regime in terms of conditional release.
Definition of "Design"
According to the Supreme Court CGK, design is the act of "the perpetrator commits the act with a cold-blooded decision taken in advance, by planning and persevering for a certain period of time". Three main elements:
- Decision:Definite intention to commit the act.
- Duration: A meaningful period of time between the decision and the action.
- Coolness + Plan:Continuation of determination despite ordinary conditions that may dissuade the perpetrator during this period.
Legal Conclusion
- Aggravated life imprisonment: Strict conditional release regime (Law No. 5275).
- Strict detention practice.
- Confiscation decisions are ordinary.
- Even if there is a good behavior reduction in execution, the minimum period is long.
"No Design" Arguments
Supreme Court 1st CD and CGK — Established Approach
1. In order to accept the design, CD and CGK seek to prove with concrete evidence that the perpetrator had the opportunity to plan calmly and that a reasonable period of time has passed for him to reverse his decision. Mere "pre-event threatening" alone is not premeditation; It is necessary not to turn back after making a promise and to stick to the plan.
Typical Design Indicators
- Weapon already provided (buying new weapon, borrowing).
- The victim's daily routine was followed in advance.
- An escape/hide plan has been made.
- Plan shared with third party (message, voice recording).
- Written/voiced "determination" statement before the event.
"No Design" Indicators
- Attack with the first item in your hand during a fight.
- Immediate response shortly after provocation.
- Do not stay at the scene for a long time, do not surrender to the police.
- No unplanned escape, no attempt to hide.
Possibilities — Severity of Punishment
- If the proposal is accepted: Aggravated life imprisonment.
- The design is rejected, if there is no other qualifying situation: TCK Article 81, life imprisonment.
- If unfair provocation is accepted: Different bands starting from 18 years.
- If probable intent is accepted: Reduction in penalty.
Defense of the design thesis requires special expertise; It should be carried out by experienced criminal defense lawyer.