Voluntary Abandonment In The Turkish Criminal Code
Voluntary renunciation is regulated under Article 36 of the Turkish Criminal Code No. 5237.
According to Article 36 of the Turkish Criminal Code No. 5237 titled “Voluntary Abandonment”; if the perpetrator voluntarily abandons the executive actions of the crime voluntarily or prevents the completion of the crime or the realization of the result by making efforts with his own will and will, he will not be punished for the attempt.
However, if the part that is completed by the perpetrator’s criminal act constitutes a crime, he will be punished only with the penalty of that crime. Here, in order for voluntary renunciation to be accepted after the end of the executive actions, the renouncer must make a serious effort to prevent the completion of the crime and prevent the result.
Voluntary renunciation in crimes committed in cooperation is regulated in Article 41 of the Turkish Penal Code No. 5237.
Elements of voluntary renunciation in crimes committed in complicity (Art. 41/2 of the TPC)
a-) The crime has not been committed for any other reason other than the effort of the voluntary renouncer,
b-) The offense was committed despite all the efforts of the voluntary renouncer.
In these cases, the provisions on voluntary renunciation shall also apply.
The second paragraph of Article 41 of the TPC No. 5237 is regulated under the possibility that the accomplice who voluntarily gives up has made all his/her best efforts to prevent the crime from being committed, but the crime may not have been committed for another reason. Even in this case, the legislator has aimed to benefit the accomplice who voluntarily renounces from the provisions on voluntary renunciation.
Another possibility is that, despite all the efforts of the accomplice who voluntarily gave up, other accomplices committed the crime.
In this case, the accomplice who voluntarily gives up despite the commission of the offense and makes every effort to prevent the commission of the offense should not be held responsible for participation in the offense committed.
It should be noted that in this case, the accomplice will be held responsible for this crime if his/her actions until the moment of voluntary renunciation constitute an independent crime.