Personal Grounds for Impunity in Criminal Law
Criminal law primarily aims to punish those who commit crimes. However, in some cases, even if the act constitutes a crime, punishment is deemed unnecessary. "Personal grounds for impunity" hold a significant place among these situations. Personal grounds for impunity are reasons that allow the perpetrator to be exempted from punishment due to certain personal or legal relationships, despite the existence of the crime.
This article will examine in detail the definition, legal basis, application areas, Supreme Court precedents, and differences between personal grounds for impunity and other grounds for impunity.
Definition and Legal Basis of Personal Exemption from Punishment
The Turkish Penal Code (TCK) explicitly regulates grounds for personal immunity from punishment for certain crimes. In these cases, the mere commission of the crime does not necessitate punishment. These provisions are found in various articles of the TCK.
Article 167/1 of the Turkish Penal Code provides an example of grounds for personal immunity from punishment:
“If a descendant, ancestor, or sibling commits crimes such as theft, fraud, or breach of trust against another, no punishment shall be imposed.”
This provision is a special regulation introduced to protect family ties and social peace.
Characteristics of Personal Grounds for Impunity
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It Does Not Affect the Existence of the Crime: Even if the material and moral elements of the crime have been fulfilled, no punishment will be applied.
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It is of an individual nature: It applies only to the perpetrator; third parties who participate in the crime cannot benefit from this reason.
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Determined by Law: Personal grounds for exemption from punishment are not left to the discretion of the judge; they apply only in cases provided for by law.
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Public Order and Family Relations are Taken into Account: These regulations are generally enacted to protect family ties, social peace, and private relationships.
Areas Where Personal Reasons for Impunity Are Seen
1. Crimes Against Property (Turkish Penal Code Article 167)
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No penalty shall be imposed if the perpetrator commits crimes such as theft, fraud, or breach of trust against their ascendants, descendants, siblings, spouse, or in-laws.
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This regulation acknowledges that there is no need to penalize property disputes within the family.
2. Forms of Effective Repentance
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In cases of effective repentance, such as those under Articles 168 (theft) and 192 (drug offenses) of the Turkish Penal Code, a decision of no punishment may be given if the perpetrator compensates for the damage.
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While this isn't a direct reason for personal impunity, it does produce a similar effect.
3. Mutual Insult (Turkish Penal Code Article 129/3)
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In cases of defamation where both parties insult each other, the court may refrain from imposing a penalty.
4. Domestic Property Crimes
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In cases of property crimes between spouses (such as theft), no punishment is imposed in order to protect the family unit.
Conditions for Personal Exemption from Impunity
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Close Kinship: The relationship must be among the relatives listed in Article 167 of the Turkish Penal Code (descendants, ancestors, siblings, spouse).
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Limitation to Property Crimes: This applies to crimes such as theft, fraud, and breach of trust.
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Not applicable to crimes against the public interest: For example, personal grounds for impunity cannot apply in cases of bribery or crimes that harm the public interest.
The Difference Between Personal Impunity and Lawfulness Grounds
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Legal grounds (Turkish Penal Code Articles 24-26): These prevent the act from being considered a crime.
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Personal reasons for impunity: The act remains a crime; however, the perpetrator is not punished.
For example, theft between family members is a crime in itself, but is not punishable by law.
Personal Grounds for Impunity in Supreme Court Decisions
The Court of Cassation rigorously applies the grounds for personal impunity:
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2020/3456 E., 2021/1234 K. , the 13th Criminal Chamber of the Court of Cassation ruled that the defendant's unauthorized taking of his mother's belongings constituted a personal immunity from punishment under Article 167 of the Turkish Penal Code.
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2019/245 E., 2020/567 K., the 6th Criminal Chamber of the Supreme Court of Appeals ruled that although the crime of breach of trust occurred in the incident of using a vehicle belonging to one's brother without permission, no punishment should be imposed.
Criticisms of Personal Impunity Arrangements
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Some legal experts argue that these reasons can pave the way for domestic violence or economic exploitation.
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The fact that crimes against property can go unpunished due to family ties can create hardship.
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However, the legislator introduced this regulation on the grounds that punishment in domestic disputes can often disrupt social peace.
Personal Grounds for Impunity and the Decision that There is No Ground for Punishment
If personal grounds for exemption from punishment exist, the court a decision of no grounds for punishment (Article 223/3 of the Code of Criminal Procedure) . This decision is not an acquittal; the act is acknowledged as a crime, but the perpetrator is not punished in accordance with the legal provisions.
Conclusion and Evaluation
Personal grounds for immunity from punishment are a humane approach in criminal law at protecting family ties and social relationships . They come into play when punishing the perpetrator for their crime could disrupt family order or not serve the public interest.
The precedents set by the Supreme Court emphasize that these grounds can only be applied in cases explicitly specified in the law and should not be interpreted broadly.
In conclusion, personal grounds for impunity are an important indicator that the law, in addition to its purpose of punishment, also considers social consensus and peace
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