Decision Not To Impose A Penalty
Article 223/3 and 223/4 of the Code of Criminal Procedure regulates the cases of non-prosecution of punishment. The decision not to impose a penalty is made in cases where the defendant is not at fault despite committing the typical act considered as an offence (Article 223/3 of the Code of Criminal Procedure) and in some cases that prevent punishment (Article 223/4 of the Code of Criminal Procedure). According to Article 223/3 of the Criminal Procedure Code, no fault is found;
Minority (Article 31 of the TPC)
Mental illness (Article 32 of the Turkish Penal Code)
Deafness and dumbness (Article 33 of the Turkish Penal Code)
The existence of temporary reasons (Article 34 of the Turkish Penal Code)
The charged offence was committed by fulfilling an unlawful but binding order (Article 24/2 of the TPC)
Committing the charged offence in case of necessity (Article 25/2 of the Turkish Penal Code)
Committing the charged offence under the influence of force or threat (Article 28 of the Turkish Penal Code)
Exceeding the limit in self-defence due to excitement, fear and panic (Article 27/2 of the TPC)
Falling into an error that eliminates culpability (Article 30/3 of the TPC)
In such cases, a decision of not imposing a penalty is made due to the absence of fault. In paragraph 4 of the same article, the circumstances preventing the imposition of a penalty are indicated and it is stated that in these cases, the decision of not imposing a penalty will be made. According to the relevant regulation, although the act committed by the defendant continues to be an offence;
Effective remorse (Articles 93, 192, 201, 254, 274 etc. of the TCC)
The existence of a reason for personal impunity (TCK Articles 22, 167, 245)
Mutual insult (Article 129 of the Turkish Penal Code)
The minority of the unjust content of the act committed (Article 145 of the TPC)
In cases where the defendant cannot be sentenced due to such reasons, the court shall decide that there is no need to sentence the defendant (Article 223/4 of the Code of Criminal Procedure).
In order to be able to decide that there is no need to impose a sentence, a decision other than a conviction such as acquittal, suspension or dismissal should not be made as a result of the criminal proceedings against the defendant. If a decision other than conviction is to be made, it can no longer be decided that there is no need to impose a sentence. In other words, if it is fixed that the defendant has committed the act, it is decided that there is no punishment.
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