What is the Crime of Intentional Killing?

Human life is the most valuable asset of our legal system that must be protected. The Turkish Penal Code (TCK) regulates the crime of “intentional killing” to guarantee this fundamental right. So, what exactly does the crime of intentional killing under Article 81 of the TCK mean and what are its consequences? Let us examine this important topic together.

What Does Article 81 of the TCK Say?

Article 81 of the Turkish Penal Code defines the basic form of the crime of intentional killing as follows:

PART TWO Offences Against Persons CHAPTER ONE Offences Against Life Intentional killing Article 81 :(1) A person who intentionally kills another human being shall be sentenced to aggravated life imprisonment.

According to this article, if a person knowingly and intentionally puts an end to the life of another human being, the crime of “intentional killing” is committed. The keywords here are “knowingly” and “willingly”. In other words, the perpetrator's objective is to cause the death of the victim.

What Are the Essential Characteristics of the Crime of Intentional Killing?

For the crime of intentional killing to occur, certain essential conditions must be met:

1. Intent to Take Human Life: The perpetrator must aim to put an end to a human life. This means acting with the direct “intent to kill”. For example, killing a person by shooting or stabbing them.
2. Act (Conduct): The act of killing must be of a nature to terminate the victim's life. This may be a physical attack or take place in different forms, such as poisoning or suffocation.
3. The Victim Being a Human Being: The person killed must be a living human being. Acts committed against an unborn baby or the corpse of a deceased person are not evaluated within the scope of this crime.

Yargıtay decisions also emphasize the importance of these essential elements. The perpetrator's targeting of the victim's death is the most defining characteristic of this crime.

What is the Penalty for the Offence of Intentional Killing?

Pursuant to TCK Article 81, a person who intentionally kills a human being shall be sentenced to aggravated life imprisonment . Life imprisonment is a type of sentence that continues for the rest of the convict's life.

However, the Turkish Penal Code also provides for certain qualified circumstances of the offence of intentional killing. These qualified circumstances cause the penalty to be even more severe based on factors such as the manner in which the crime is committed or the special status of the victim. For instance, situations such as premeditated murder, or killing a child or a woman, aggravated life imprisonment may result in.

How Does the Legal Process Work in the Crime of Intentional Homicide?

The crime of intentional homicide is one of the most serious offenses in the Turkish legal system. The process, which begins upon the suspicion that such a crime has been committed, generally includes the following steps:

1. Investigation: The Public Prosecutor's Office investigates the incident in all its aspects, collects evidence, takes witness statements, and interrogates the suspects.
2. Prosecution (Trial): In the event that sufficient evidence is found, a lawsuit is filed in the high criminal court. The court evaluates all evidence, hears the defendant's defense, and renders a judgment.
3. Execution of the Sentence: After the sentence rendered by the court becomes final, the convicted person is sent to a penal execution institution and the sentence is executed.

Grounds for Justification and Circumstances Mitigating the Penalty

In certain cases, the act of intentional homicide may become lawful or the penalty to be imposed on the perpetrator may be reduced:

• Self-Defense (TCK art. 25): The act of killing committed to repel an unlawful attack directed against oneself or another person may be considered lawful under certain conditions, and no penalty is imposed on the perpetrator.
• Unlawful Provocation (TCK art. 29): In the crime of homicide committed under the influence of passion or severe distress caused by an unlawful act originating from the victim, a reduction in the sentence may be applied.
• Minority, Mental Illness, Deafness, and Muteness (TCK art. 31, 32, 33): In such cases, the sentence to be imposed on the perpetrator may be reduced or no penalty may be given.

Crime of Intentional Homicide: Frequently Asked Questions (FAQ)

Article 81 of the Turkish Penal Code regulates the act of “intentional homicide,” which is one of the most severe crimes committed against human life. There are many frequently asked questions regarding this article and its related provisions. Below are the frequently asked questions and legal answers regarding the crime of intentional homicide:

1. What is the Crime of “Intentional Homicide” According to TCK Article 81?

Article 81 of the Turkish Penal Code stipulates that “A person who intentionally kills another person shall be sentenced to aggravated life imprisonment” [Note: 'müebbet hapis' translates to life imprisonment, but often 'ağırlaştırılmış müebbet' is aggravated. Here TCK 81 is simple life imprisonment (müebbet hapis).].

According to this definition, if a person knowingly and intentionally terminates the life of another person, the crime of intentional homicide is committed. What is important here is that the perpetrator intends the death of the victim or foresees the fatal outcome and accepts it.

2. What is the Penalty for the Crime of Intentional Homicide?

According to TCK Article 81, the baseline penalty for the crime of intentional killing is life imprisonment. Life imprisonment is a type of sentence that continues for the remainder of the convict's life.

3. Are There Aggravating Factors in the Crime of Intentional Killing?

Yes, Article 82 of the Turkish Penal Code stipulates that if the crime of intentional killing is committed under certain specific circumstances, the penalty shall be aggravated life imprisonmentincreased to.

Some of these qualified circumstances include:

• Killing with premeditation: The commission of the crime through prior planning and in a cold-blooded manner.
• Killing with monstrous feelings or by inflicting torment: Killing the victim by subjecting them to inhumane suffering.
• Killing an ascendant, descendant, spouse, divorced spouse, or sibling: Crimes committed against family members.
• Homicide against a child or a person who is physically or mentally incapable of defending themselves: Crimes committed against vulnerable individuals.
• Homicide against a woman: This is a specifically aggravated circumstance within the scope of combating violence against women.
• Homicide committed with the intent to conceal a crime, destroy evidence, or evade apprehension: Homicide acts committed in conjunction with another crime.

4. What Does "Intent" (Kast) Mean? What is the Difference Between Direct Intent and Eventual Intent?

"Intent" (Kast) refers to the perpetrator knowingly and willingly fulfilling the elements defined in the statute of the crime. Two types of intent can be mentioned in the crime of intentional homicide:

• Direct Intent: The perpetrator's definitely desiring the victim's death and acting toward this purpose. For example, the case of a perpetrator who fires a weapon with the intent to kill a person.
• Eventual Intent (Implied Malice): Although the perpetrator foresees that the result of death may occur as a result of their act,, they commit the act by accepting this result. For example, a perpetrator who opens fire in a crowded environment, knowing that someone might die, acts with the mindset of “let them die if they die.”

The Court of Cassation evaluates many factors in determining intent, such as the perpetrator's behavior before, during, and after the incident, the weapon used, and the number and severity of blows.

5. Are There Circumstances That Mitigate the Penalty for the Crime of Intentional Homicide?

Yes, in certain circumstances, a reduction may be applied to the sentence to be given to the perpetrator:

• Unlawful Provocation (TCK art. 29): If the crime is committed under the influence of anger or severe distress caused by an unjust act originating from the victim, a sentence reduction may be applied.

• Minority, Mental Illness, Deafness, and Muteness (TCK art. 31, 32, 33): Such special circumstances of the perpetrator may lead to a reduction in the sentence or to the non-imposition of a penalty.
• Attempt (TCK Art. 35): A sentence reduction is also applied in cases where the crime of intentional homicide is attempted—meaning the perpetrator begins to commit the crime but cannot complete it due to reasons beyond their control.

6. Are There Grounds for Justification in the Crime of Intentional Killing?

Yes, in certain circumstances, the act of intentional killing may become lawful and the perpetrator may not be penalized. The most well-known example is self-defense (TCK art. 25). An act of killing committed in a manner proportional to the attack, in order to repel an unlawful attack directed against oneself or another, may be deemed lawful.

7. How Does the Trial Process Work for the Crime of Intentional Killing?

The crime of intentional killing is an offense within the jurisdiction of heavy penal courts under the Turkish legal system. The process generally consists of the following stages:

1. Investigation Stage: The Office of the Public Prosecutor investigates the incident, gathers evidence, and takes the statements of witnesses and suspects.
2. Prosecution Stage (Trial): It begins with the acceptance of the indictment prepared by the prosecutor's office by the court. The heavy penal court evaluates all evidence, hears witnesses, takes the defense of the accused, and renders a judgment.
3. Appeal and Cassation: The court decision may be reviewed before the Regional Court of Justice (appeal) and the Court of Cassation (cassation).

Conclusion / Summary

Article 81 of the Turkish Penal Code is a fundamental provision protecting the sanctity of human life. Knowingly and willingly killing a person entails severe sanctions such as life imprisonment. Factors such as the manner in which the crime was committed or the special status of the victim may cause the penalty to be increased to aggravated life imprisonment. Legal proceedings in such crimes are highly complex and serious. Therefore, in any situation related to the crime of intentional homicide, it is of utmost importance to obtain legal support from an expert criminal defense attorney.

Atty. Batın YILMAZ