Decision of No Penalty

In the Code of Criminal Procedure 223/3 and 223/4, cases regarding the absence of punishment are regulated. The decision not to impose a penalty is given in cases where the accused does not have any fault (Article 223/3 of the Criminal Procedure Code) and in some cases that prevent punishment (Article 223/4 of the Criminal Procedure Code), although the accused commits the typical act that is considered a crime. According to the Criminal Procedure Code 223/3, there is no fault;

Underage (Turkish Penal Code Article 31)
Mental illness (Article 32 of the Turkish Penal Code)
Deaf and dumb (Turkish Penal Code Article 33)
Finding temporary reasons (Turkish Penal Code Article 34)
Committing the charged crime by fulfilling an illegal but binding order (Turkish Penal Code Article 24/2)
Committing the charged crime in case of necessity (Article 25/2 of the Turkish Penal Code)
Committing the charged crime under the influence of force or threat (Turkish Penal Code Article 28)
Crossing the border in legitimate defense due to excitement, fear and haste (Turkish Penal Code Article 27/2)
Making the mistake that eliminates the fault (Turkish Penal Code Article 30/3)
In such cases, it is decided that there is no room for a penalty due to the absence of fault. In the 4th paragraph of the same article, the situations that prevent the imposition of punishment are shown and it is stated that in these cases, a decision not to impose a penalty will be made. According to the relevant regulation, although the act committed by the accused continues to be a crime;

Effective remorse (Turkish Penal Code Article 93, 192, 201, 254, 274 etc.)
Existence of personal impunity (Turkish Penal Code Articles 22, 167, 245)
Mutual insults (Article 129 of the Turkish Penal Code)
Insufficient content of injustice in the act committed (Article 145 of the TCK)
In cases where the accused cannot be sentenced due to reasons such as; (Article 223/4 of the Criminal Procedure Code)

In order to be able to decide whether to impose a sentence, it should be possible to make a decision other than conviction, such as acquittal, suspension, relegation, as a result of the criminal proceedings against the accused. If a decision other than conviction is to be made, it can no longer be decided that there is no room for a penalty. In other words, if it is clear that the accused has committed the act, it is decided that there is no need to impose a penalty.

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