WHAT ARE THE REASONS FOR DISCRETIONARY REDUCTION OF
PENALTY?
Discretionary penalty reduction is regulated in Article 62
of the Turkish Criminal Code. The judge who conducts the trial has the right of
discretion whether to apply a discretionary penalty reduction or not. However,
the judge must exercise the discretion in accordance with the law and the
concrete case.
The trial judge may only consider the following reasons as
reasons for discretionary reduction:
The history of the perpetrator,
Social relations of the perpetrator,
Behavior showing remorse after the wrongful act and during
the trial,
The possible effects of the sentence on the future of the
offender.
What Is The Discretionary Penalty Reduction Rate?
In case of a discretionary reduction, the rate of reduction
in the punishment of the perpetrator is clearly defined in the law. Accordingly,
in the presence of discretionary reasons to mitigate the punishment in favor of
the perpetrator, the sentence reduction is applied as follows:
Life imprisonment shall be imposed instead of aggravated
life imprisonment
Twenty-five years imprisonment instead of life imprisonment
Up to one-sixth (1/6) of all other prison sentences and
judicial fines are reduced
This article is intended for general informational purposes
only and not intended as a substitute for the advice and counsel of a criminal
defense attorney. If you want to contact an English-speaking
criminal lawyer in Istanbul for more information you can contact our office.
