It is regulated as a form of participation in the 1st paragraph of Article 37 of our Penal Code. According to this paragraph,
“Each of the persons who perform the act together in the legal definition of the crime shall be responsible as the perpetrator”.
As it is understood from the paragraph, joint agency is the act of the act in the legal definition by more than one person.
is carried out together. Decision to commit a crime together in all co-perpetrators and joint action dominance
must exist. However, in this case, the act can be attributed to each of the co-perpetrators. verb
The establishment of dominance over the committing of crimes constitutes the objective element of joint agency, and the decision to commit a crime together.
constitutes the subjective element.
Since the act committed in co-perpetrator is attributed to each co-perpetrator, each of them is responsible for the crime committed as the perpetrator.
are held responsible. However, in some types of crimes, the legislator is guilty of the crime by more than one person.
accepts its processing as a qualified case (TCK art. 102/3-d, 103/3-a, 106/2-c, 109/3-b, 119/1-c,
149/1-c, 265/3). In the doctrine, some writers criticize this situation and are punished for being a co-perpetrator.
that the same act was penalized a second time because it was committed by more than one person, and non bis in
They state that it violates the principle of idem. According to the authors, such regulations
to be removed or, if it will remain, not to be implemented as co-agency,
conditions should be considered. However, regarding the commission of the crime by more than one person,
regulations are accepted as co-agency in doctrine and practice. We should point out
that the act is unfair because it facilitates the commission of the crime by committing the crime with more than one person.
affects its content. This is especially true in acts of dealing with the victim, where coercive force is in question.
It is valid in cases where the resistance of the victim is broken. Istanbul
The Convention also states that the crimes specified in the contract are committed together by two or more persons.
It imposes the stipulation as a qualified state on the parties. Therefore, such an arrangement
It is an appropriate law because it is in the law, affects the content of injustice and is an international obligation.
quality. However, the point we want to criticize is this kind of crime in the above-mentioned crimes.
determinations do not cause other violent crimes. For example, deliberate injury, torture, torture
why such a regulation is not included in crimes such as Revision of our law in this sense
required.
