Turkish Penal Code Article 38 – Instigation
(1) The person who incites another to commit a crime is punished with the penalty of the crime committed.
(2) In case of instigating a crime by using influence arising from the relationship of superior and descendant, the punishment of the instigator is increased from one third to half. In the event that children are incited to commit a crime, the existence of an ascendant and descendant relationship is not required in order to increase the penalty according to the provisions of this paragraph.
(3) In the event that the instigator is not known, the perpetrator or other accomplice may be sentenced to imprisonment from twenty years to twenty-five years instead of aggravated life imprisonment, and from fifteen years to twenty years instead of life imprisonment. In other cases, the penalty to be imposed may be reduced by one third.
According to Article 38/1 of the Turkish Penal Code , the punishment to be given to the instigator is the punishment to be given to the instigator for the crime he has committed. In this respect, security measures can be applied while applying the penalty related to the related crime.
According to Article 38/2 of the Turkish Penal Code, if the instigator encourages and persuades the instigator to commit a crime by using his influence stemming from the relationship of superior and descendant, the penalty of the instigator is increased from 1/3 to ½; In terms of instigating children, there is no relationship between parent and descendant. In any case, if a mother incites her child to commit a crime and a child who does not have a parent-child relationship, her punishment will be increased in any case. However, if the relationship between descendants and superiors does not create such influence, the qualified state that increases this penalty will not be applied.
According to Article 38/3 of the Turkish Penal Code, if the instigator is not known and cannot be reached, the sanctions of the perpetrator or other accomplices who helped to reveal the instigator may be reduced. As it can be understood from the wording of the article of the law, whether or not the penalty will be reduced or reduced is entirely at the discretion of the judge. It is a complete information that should be understood by revealing who the instigator is and should be understood by the decisions of the Supreme Court as well as to illuminate the crime committed and to identify the instigators. For the perpetrator or other accomplices who helped reveal the instigator;
HOW MANY YEARS WILL THE INCIDENT BE PUNISHED?
Aggravated life imprisonment with aggravated life imprisonment,
Life imprisonment sentenced to life imprisonment,
The term imprisonment is punished with the same term imprisonment.
If the child, whose definition has been fulfilled in the Turkish Penal Code, is instigated by a child in a crime he has committed, the person who incited the child to this crime is faced with a penalty increase of one third to half of the crime committed. To explain with an example, if the penalty for the crime is 30 years for the person who incited the child to commit a crime, then the person will be faced with a prison sentence between 40-45 years as a result of the penalty increase.
In case the instigator commits a crime other than the crime or the qualified version of the crime instigated, the instigator will be responsible for the crime he meant. However, if the instigator can foresee this situation, he is also held responsible for different consequences. If the act committed constitutes a less serious crime than the intended crime, the crime committed is taken as the basis for the determination of the penalty for the instigator.
How many years does the instigator receive? What is the penalty for instigating? As can be understood from questions like these, the instigator is also punished for the crime. There is a possibility that your freedom will be bound by a prison sentence. Therefore, it is very important to work with a criminal lawyer.
CAN IT BE PROCESSED BY THE JUDICIAL REGISTRY?
In the criminal record and archive record (criminal record), there are temporary prison sentences and judicial fines imposed on the person. In addition, although many issues are included in the criminal record, these two issues are the most basic. Therefore, if a penalty is imposed on the person in case of instigation, this situation is recorded in the criminal record and archive record.
This issue will appear in the application for obtaining a criminal record registration via e-government. The instigator is basically punished like the perpetrator. In his criminal record, it will be stated that he was punished for instigating the act committed openly.
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