PARTNERSHIP IN CRIMINAL LAW

In criminal law, the nature of the crimes and the perpetrators play a fundamental role in ensuring justice. The manner in which crimes are committed, the role of the perpetrator, and their contribution to the commission of the crime are critical in determining penalties. In this context, the concept of complicity refers to the contribution of more than one person to the commission of a crime and holds an important place in criminal law. In this article, we will examine the concept of complicity in detail, comprehensively analyzing its legal framework, types, and areas of application.

What is partnership?

Complicityrefers to the involvement of more than one person in the commission of a crime. Within the framework of the Turkish Penal Code (TCK), the role of individuals contributing to the commission of a crime is explained by the concept of complicity. Complicity determines how each perpetrator contributed to the crime and their criminal responsibility for that contribution.

Fundamental Principles of Partnership

• Contribution to the Commission of a Crime: Complicity refers to the involvement of more than one person in the commission of a crime. Each person's contribution plays a significant role in the commission of the crime.
• Criminal Liability: In cases of complicity, the criminal liability of those who contributed is determined by the manner in which the crime was committed and the role of each individual.
• Type of Crime and Accomplice: Accompliceship can be applied to different types of crimes. How accompliceship is evaluated in each type of crime is determined within the framework of criminal law rules.

Types of Partnership

Complicity is generally divided into several main types. These types are classified according to the role of the individuals who contributed to the commission of the crime:

1. Direct Partnership

• Definition: Refers to individuals who directly contribute to the commission of a crime. In this type of complicity, the contributor plays an active role in the crime's occurrence.
• Example: A person directly assisting in the commission of a crime as part of a group that commits a theft.

2. Indirect Partnership

• Definition: Refers to individuals who indirectly contribute to the commission of a crime. In this type of complicity, the contributing person has an indirect influence on the commission of the crime.
• Example: A person who provides information to a perpetrator of a crime, or facilitates the commission of the crime, plays a role in indirect complicity.

3. Sub-Partnership

• Definition: Refers to individuals who play an auxiliary role in the commission of a crime. These individuals assist in the commission of the crime but are not the primary perpetrators.
• Example: A person assisting criminals by providing the necessary tools or information to carry out the crime.

Regulations on Partnership and Criminal Law

The Turkish Penal Code (TCK) has specific rules regarding the regulation of complicity and the determination of criminal liability. These regulations provide guidance on how complicity is assessed and how penalties are determined.

Article 37 of the Turkish Penal Code – Partnership

• Explanation: Article 37 of the Turkish Penal Code regulates the criminal liability of individuals who contribute to the commission of a crime. Complicity is addressed within the framework of this article, and criminal liability is determined according to each person's role in the commission of the crime.

Article 38 of the Turkish Penal Code – Joint Commission of the Crime

• Explanation: This article regulates the criminal liability of multiple individuals who participate together in the commission of the same crime. In cases of complicity, the joint commission of the crime and the roles of the contributing individuals are evaluated.

Partnership and Criminal Liability

In cases of complicity, criminal liability is determined by the roles of the contributors in the commission of the crime. Criminal law applies various rules in this context:

1. Equal Responsibility

• Definition: In complicity, all contributing parties may be equally liable. This means that criminal responsibility is determined based on each person's role in the commission of the crime.
• Example: If, within a group that commits a crime, everyone contributed equally to the crime, then all group members may be held equally responsible.

2. Responsibility for Discrimination

• Definition: The criminal responsibility of contributors can be differentiated according to their roles in the commission of the crime. This means that the penalties for some individuals may be increased if they played a greater role in the commission of the crime.
• Example: If one person is directly involved in the main act of committing a crime, while others only played a supporting role, the main perpetrator may face greater criminal liability.

3. Proportional Liability

• Definition: In cases of complicity, criminal liability is determined proportionally to the contribution of the contributors to the commission of the crime. Contribution to the commission of the crime is a significant factor in determining the punishment.
• Example: If a person plays the leading role in committing a crime, they may receive a harsher sentence compared to other accomplices.

Partnership and Judicial Decisions

Judicial decisions provide important guidance on how complicity should be assessed and how criminal liability should be determined. Court of Cassation precedents offer examples of the application of complicity and define how the law should function.

1. Supreme Court Case Law

• Example Decision 1: In crimes committed by a group, the Court of Cassation evaluates each person's role in the commission of the crime and determines criminal responsibility accordingly.
• Example Decision 2: The determination of a person's punishment based on their assistance and contribution to the commission of the crime is made in accordance with Supreme Court rulings.

2. Practical Applications

• Implementation of Judicial Decisions: Supreme Court rulings provide guidance in determining the penalties to be applied in cases of complicity and in evaluating the offenses.
• Examples and Case Law: In different types of crimes and cases of complicity, the decisions and precedents set by the Supreme Court provide an important reference point on how the law should be applied.

Complicity and Types of Crimes

Complicity can be applied to various types of crimes and may be evaluated differently in each type of crime:

1. Complicity in Intentional Crimes

• Definition: In intentional crimes, complicity refers to the deliberate contribution of individuals to the commission of a crime.
• Example: In intentional crimes such as murder and theft, complicity is assessed based on the intent and role of the individuals involved in the commission of the crime.

2. Accomplice in Negligent Crimes

• Definition: In negligent crimes, complicity refers to the act of a person negligently contributing to the commission of a crime.
• Example: In crimes such as negligent injury, the role of the contributing individuals in the commission of the crime and the extent of negligence are assessed.

3. Incentives and Auxiliary Partnerships

• Definition: The act of encouraging or assisting someone to commit a crime constitutes complicity, representing an indirect contribution to the commission of the crime.