What Is Effective Repentance? (Tck Article 168)
WHAT IS EFFECTIVE REMORSE? WHO CAN BENEFIT FROM EFFECTIVE REMORSE?
Crime can be defined as defective behaviour that does not comply with legal conditions. At this point, effective remorse, one of the most curious concepts of the legal world, comes to the fore.
Effective remorse; as it can be guessed, it is the regret of a person with his own free will after a period of time for the offence he has committed. The guilty person expresses his/her regret if he/she eliminates the negativities caused by the act in question, which is defined as an offence, or contributes to the trial process.
Article 168 of the Turkish Penal Code contains provisions on effective remorse. In other words, the provisions foreseeing the complete elimination of the punishment or the reduction of the punishment in question find a place in this article.
WHAT IS THE DIFFERENCE BETWEEN EFFECTIVE REMORSE AND VOLUNTARY RENUNCIATION?
It is not possible for every offender to benefit from effective remorse. It should be stated that effective remorse is not suitable for every type of offence. Persons who commit offences defined by the Turkish Penal Code may benefit from effective remorse.
Effective remorse is one of the most talked about concepts of the legal world. It is especially confused with voluntary renunciation. Voluntary renunciation occurs in the process until the completion of the offence. However, effective remorse is a legal right that arises after the offence is committed. It is possible to explain the difference between voluntary renunciation and effective remorse with an example. A person benefits from voluntary renunciation if he/she voluntarily gives up committing an offence or if he/she voluntarily prevents the prevention of the offence in question. However, effective remorse is a concept that arises only after a completed offence. While voluntary renunciation is valid for all offences that can be committed intentionally, effective remorse is applied only for certain offences.
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