Attempted Murder and its Punishment

Intentional homicide is one of the crimes with the most severe penalties under the Turkish Penal Code (TCK). This crime, constituting one of the most significant attacks on human life, is regulated in Articles 81 and subsequent articles of the TCK. However, the act of killing is not always completed; if the perpetrator acts with the intent to kill but the victim does not die, it attempted intentional homicide . According to TCK Article 35, in cases of attempted homicide, the perpetrator is punished with a reduced sentence depending on the dangerousness of the act and the harm caused. This article will examine in detail the elements of attempted intentional homicide, its penalties, trial processes, and Supreme Court precedents.

Legal Definition of Attempted Murder

Attempted murder is defined as an act committed with the intent to kill, where the perpetrator's actions, although not resulting in death in the external world, possess sufficient capacity to carry out the act of killing. In other words, the perpetrator acts with the intention of ending the victim's life, but death does not occur. In this case, according to Article 35 of the Turkish Penal Code, the provisions regarding attempted murder apply to the perpetrator.

The following conditions must be met for the application to be accepted:

The perpetrator the intent to kill . That is, the perpetrator must have knowingly and willingly aimed to end the victim's life.
The perpetrator must initiate the execution of the act. Merely planning or threatening does not constitute an attempt.
The death against the will of the perpetrator . If the perpetrator voluntarily withdraws their consent, criminal liability does not arise according to the provisions on attempted crimes.

Elements of Attempted Murder

1. Perpetrator and Victim: In the crime of intentional homicide, the perpetrator can be any person. The victim can be any human being. Acts committed against unborn children are also considered within the scope of the crimes of "abortion" or "child murder."

2. The Act: Any act committed with the intent to kill can constitute the subject matter of this crime. For example, using a weapon, attacking with a sharp instrument, or administering poison. However, the act must be capable of causing death.

3. Intent: The perpetrator's intent to kill is the most important element of this crime. The Supreme Court evaluates the perpetrator's intent based on criteria such as the course of events, the means used, the targeted area, and the severity of the attack. For example, shooting someone in the head at close range demonstrates intent to kill.

4. Outcome: If death does not occur, the provisions regarding attempted murder apply. However, the act may result in minor or serious injury to the victim. In this case, the distinction between intentional injury and attempted intentional murder depends on determining the perpetrator's intent.

Punishment for Attempted Murder

According to Article 35 of the Turkish Penal Code, in cases of attempted murder, the perpetrator's sentence is reduced compared to the completed version of the crime. In the case of completed intentional homicide, the sentence is life imprisonment according to Article 81 of the Turkish Penal Code. In cases of attempted murder, however, this sentence can be reduced to imprisonment ranging from 9 to 15 years , taking into account the intensity of the perpetrator's intent, the harm inflicted on the victim, and the extent of the danger .

If the attempted murder occurs under the aggravating circumstances defined in Article 82 of the Turkish Penal Code (premeditated, with monstrous feelings, against a spouse, etc.), the sentence shall be aggravated life imprisonment instead of life imprisonment, and in the case of attempted murder, this sentence may be converted to imprisonment for a period of 12 to 20 years .

Distinguishing Between Intentional Injury and Attempted Injury

In the practice of the Supreme Court, the most important point of contention is whether the perpetrator had the intent to kill. For example, shooting someone in the leg might be considered intentional injury, while shooting someone in the chest or head is generally considered attempted murder.

the Criminal General Assembly of the Supreme Court of Appeals stated that in determining intent to kill, the nature of the instrument used, the targeted body part, the intensity of the attack, and the manner in which the victim was injured must be taken into consideration.

Voluntary Withdrawal from the Enterprise

According to Article 36 of the Turkish Penal Code, if the perpetrator voluntarily stops the act of execution or prevents the outcome from occurring, they benefit from voluntary abandonment. In this case, the perpetrator is only held responsible for the resulting outcome (e.g., intentional injury).

For example, if a person starts shooting but drops the weapon before killing the victim and thus prevents death, the crime committed is intentional wounding, not attempted murder.

Supreme Court Decisions and Practices

The Supreme Court's precedents regarding the crime of attempted murder are crucial in determining the perpetrator's intent and the limits of the attempt.

2022/2345 E., 2022/6543 K. , the 1st Criminal Chamber of the Supreme Court of Appeals characterized the perpetrator's act of shooting the victim multiple times and targeting vital organs as attempted murder.
2019/456 E., 2020/134 K., the Criminal General Assembly of the Supreme Court of Appeals emphasized that the decision should be made by considering whether the knife blow used in the attack on the victim targeted a vital organ, the prior animosity, and the number of blows inflicted.

The Supreme Court also distinguishes between intentional and attempted intentional injury by considering the overall context of the incident, the means used, and the degree of injury to the victim.

The Influence of Attempt on Punishment

According to Article 35/2 of the Turkish Penal Code, the punishment for an attempted crime is determined according to the severity of the harm or danger caused. For example, if the victim is seriously injured, a smaller reduction in sentence is applied. However, if the act resulted in minor injury to the victim, a larger reduction in sentence may be applied.

When determining the penalty for attempted crimes, the judge takes the following factors into account:

How close one comes to the act of committing it,
The degree of damage or injury sustained by the victim,
The intensity of the perpetrator's intent,
The way the event unfolded and the tools used.

Attempt in Qualified Circumstances

The aggravated forms of intentional homicide listed in Article 82 of the Turkish Penal Code (premeditated murder, murder with monstrous intent, arson, murder against a public official, etc.) are also subject to increased penalties when committed in the case of attempted homicide. A perpetrator who commits an aggravated life sentence a prison sentence of 12-20 years .

For example, in a premeditated attack, if the victim survives, the court may impose a sentence close to the upper limit, taking into account the perpetrator's intent and planned actions.

The attempt becoming impossible due to personal reasons

The provisions regarding attempted crimes can also be applied when the act is impossible. However, this situation is considered within the scope of "subjective impossibility." For example, the perpetrator fires the gun believing it to be loaded, but the gun is empty. According to the Supreme Court, the provisions regarding attempted crimes also apply in this case because the perpetrator's intent was to cause death.

The Right to Protection and Compensation for the Victim

Attempted murder not only results in criminal penalties but also allows the victim to claim material and moral damages. In addition to receiving a sentence, the perpetrator is obligated to cover the victim's medical expenses, loss of earning capacity, and emotional distress. These claims can be made in civil courts, either concurrently with the criminal case or separately.

Conclusion and Evaluation

Attempted murder is a crime with serious legal and social consequences. Even if the perpetrator intended to kill but the outcome did not occur, this may lead to a reduction in sentence; however, this reduction does not negate the severity of the crime. The Supreme Court, in determining the perpetrator's intent, considers all aspects of the incident, the manner of the attack, and the tools used.

The severity of the penalties for this crime is determined to ensure deterrence. While life imprisonment is prescribed for completed intentional homicide, long prison sentences are also considered even in cases of attempted homicide. In particularly aggravated circumstances, prison sentences of up to 20 years can be applied.

In conclusion, attempted murder is not merely an individual attack, but an act that threatens public safety. Therefore, the Turkish Penal Code has established comprehensive regulations regarding both criminal sanctions and the protection of the victim's rights.

#attempt, serious criminal cases, criminal law, criminal trial, voluntary withdrawal, intentional killing, aggravating circumstances, intent to kill, Turkish Penal Code Article 35, Supreme Court decisions

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