Effective Remorse Law in Turkey
According to the effective remorse law in Turkish Penal Code there may be reduction of punishment or abolition of penalty as a result of the perpetrator’s regret after committing a crime and reflecting it on their actions.
The effective remorse institution is not applied in terms of all crimes, it can only be applied to the offenses that regulated in the Turkish Criminal Law.
Effective remorse law does not eliminate the injustice and criminal nature of the crime in question.
Therefore, the perpetrator does not acquire a verdict of acquittal due to effective remorse law, the decision of the court must be must be a decision only about that there is no need for a punishment.
In order to effective remorse law to be applied, it must be realized within the period stipulated by the Turkish Criminal Law. This period begins when the crime ends.
Effective remorse must be made by the perpetrator. Effective regret can only be applied in terms of the perpetrator’s actions, it will not be valid for those who are involved in the crime.
In order to have effective remorse, the perpetrator has to regret the crime beyond a simple regret. The perpetrator’s regret should be effectively reflected outside. This activity shows itself in the recovery of the harm of the victim by the perpetrator.
According to the Turkish Criminal Law, effective remorse must occur at the latest until the time of the adjudication regarding the crime.
The effective remorse behavior in addition of the perpetrator must be demonstrated without affecting their will, in other words, the regret must be experienced and revealed with the free will of the perpetrator.
Effective remorse actions can be exemplified as followings; if the perpetrator informs the prosecutor or the court of about those who have participated in the crime ,accessories at the fact and the accessories before the fact during the prosecution or investigation stages by helping to arrest these perpetrators, they will get a reduction in their penalties.
Another example that can be given to effective remorse law is the perpetrator to compensate or return the things they have received from the damage they inflicted on the victim.