Deliberate Murder (TCK Article 81): Basic Condition and Punishment

TCK Article 81 regulates the basic nature of the crime of intentional murder with the provision that "anyone who deliberately kills a person is punished with life imprisonment". It is one of the most severely punished crime types in Turkish criminal justice.

Elements of Crime

• Material element: Act that will cause the death of a person (with a gun, knife, strangulation, poison, negligent behavior, etc.).
• Moral element: Intention — the fact that the result of death is known and desired by the perpetrator.
• Causal link:A direct connection between the perpetrator's act and the victim's death.

Types of Caste

• Direct intention (TCK article 21/1): The perpetrator directly wanted the result of death; for example, shooting a bullet to the head.
• Possible intent (TCK article 21/2): The perpetrator foresaw the outcome of death and acted with a "no matter what" attitude; For example, randomly opening fire with a gun in a crowded environment.
• For crimes committed with possible intent, a certain reduction in the penalty is applied in accordance with Article 21/2 of the Turkish Penal Code.

"Design" — TCK art.82/1-a Qualified Case

Designing means "the perpetrator, who decides to commit the act, thinks and plans calmly for a certain period of time and implements this plan." Designing according to the Supreme Court:

• There must be a certain "period" between the decision and the action
• Elements of composure and planning should be sought.
• One should not be influenced by situations such as arguments, fights, or sudden anger.
• According to TCK Article 82/1-a, aggravated life imprisonment is imposed.

Other Qualified Circumstances (TCK Article 82)

• Against children, the elderly, and those who cannot defend themselves physically or mentally (Art. 82/1-d).
• Ancestor-descendant against spouse or sibling (Art.82/1-d).
• Knowing the pregnant woman (Art.82/1-f).
• Bleeding motive (Art.82/1-h).
• For moral reasons (Art.82/1-i).
• With dangerous means such as fire, destruction and flood (m.82/1-c).

Supreme Court 1st CD — Established Approach

1. CD evaluates the distinction between intention and design with the trio of "coolness and planning along with duration". An act committed with a sudden decision made during the discussion is not considered planning; However, after thinking for a certain period of time after the discussion, procuring a weapon, returning and committing the act constitutes planning.

Unfair Provocation (TCK Article 29)

If the defendant is under the influence of a tort and kills "under the influence of anger or severe pain", the penalty is significantly reduced (1/4-3/4). The Supreme Court investigates the "actual effect" of the victim's serious action/word/behavior on the perpetrator.

Legit Defense (TCK Article 25)

Causing death while defending against the actual attack of the victim in a proportionate manner, removes the penalty if the conditions of legitimate defense are met (Art. 25/1) or provides a reduction for exceeding the limit (Art. 27).

Practical Considerations