Statute Of Limitations For Completed Crimes
Statute of Limitations for Completed Crimes
For completed crimes, the statute of limitations starting from the day the crime was committed (Article 66/6 of the TPC). In Paragraph 6, the legislator states that in the completed crime-attempt phase the statute of limitations for completed crimes is set from the day the crime is committed.
from the date of commission of the offense. We know in practice in terms of time that the offense was committed
time is the time of the act. Therefore, the form of regulation is oriented towards the time of the act.
may result in the interpretation of the law. As a matter of fact, in the doctrine, taking the movement as a basis
There are determinations on this point. While this determination is accepted in practice in terms of time
However, in the doctrine, in terms of the commencement of the statute of limitations, the crime of mere act is a crime with an outcome.
By making a distinction, in crimes with consequences, the statute of limitations for the case starting from the realization of the consequence
will start to operate is stated by the vast majority. Misdemeanors
When we look at the determination of the statute of limitations in our law, we see that the concepts of act and result are used is observed. Paragraph 4 of Article 20 of the Law on Misdemeanors stipulates that the statute of limitations is set in the definition of the misdemeanor.
It is stated that it will start to operate with the commission of the act or the realization of the result. This
In terms of eliminating the problems (differences of opinion in the doctrine) that will arise from the regulation
We think it is a more appropriate regulation. Regarding the statute of limitations in the Law on Misdemeanors
The determination is similar to the provision in Article 78 a of the German Criminal Code. Although the concept of the time of commission of the offense is used in our Criminal Code (Art. 66/6), we agree with the majority opinion in the doctrine regarding the statute of limitations. In other words, we will make a distinction between a crime of mere action and a crime with a consequence.
We also take into consideration the regulation of Article 20 of the Law on Misdemeanors. Therefore, in order for the statute of limitations to begin to run, the whole elements should have been realized.
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