Terör Suçlarında Etkin Pişmanlık

Abstract

Since the institution of effective remorse is regulated in our law for certain crimes, in the communiqué, firstly, the terrorist crimes for which the institution of effective remorse can be applied have been identified. Then, the institution of effective remorse to be applied in terrorist crimes was tried to be explained. Since the concept of terrorism does not belong to substantive criminal law, the crime of terrorism is not as a type of crime but rather as a category/group of crimes. As a matter of fact, there is no discrete crime definition as a terrorist crime in our legislation. Some crimes included in the Anti-Terrorism Law are foreseen as terrorist crimes. However, in our legislation, there is no shared effective repentance institution for the category of terrorist crimes. Even no clearly regulated effective repentance is foreseen for an discrete terrorist crime. Since ATL art. 7 refers to TPC art. 314 and TPC art. 314/3 also refers to TPC art. 220, effective repentance in TPC art. 221 can only be applied to organized terrorist crimes. The communique explain that effective repentance provisions stipulated in Article 221 for persons who establish, manage or become members of an organization, or who commit a crime on behalf of the organization or knowingly and willingly aid the organization, although they are not members. These effective regret provisions have been tried to be explained separately in terms of their elements.