Murder in the First Degree in Turkish Criminal Code


Murder in the first degree is stipulated under the crimes against people and life in Turkish Criminal Code. Murder crimes are regulated under a total of 5 items in the Criminal Code. According to the intent of the perpetrator, it will be necessary to mention the crimes of deliberate killing (art. 81) or reckless killing (art. 85).

The Penalty Of Killing Someone in TCC

A person who intentionally kills a person is sentenced to life imprisonment, the law stipulates life imprisonment as a fixed penalty (art.81). The importance given to the person’s right to life is emphasized with this regulation. Deliberate commitment of an act refers to the way it is executed and the consequences it causes to be realized by the perpetrator, the will of the perpetrator in this direction comes into question. 

The Will Of The Perpetrator

The intent of the perpetrator will be revealed by observing those whether there is a pre-event hostility that requires killing between the perpetrator and the deceased, whether the vehicle used by the perpetrator in the incident was suitable for killing, the number and severity of blows to the death, the region where the blows occurred, whether the perpetrator ended his or her behavior spontaneously or by the effect of an obstacle, the way the crime tool is used, the behaviour of the perpetrator to the deceased after the incident. 

Aggravating Circumstances 

There are some aggravating circumstances for this crime which are comitting this offense by designing, comitting this crime with a monstrous feeling or torment, by fire, flood, destruction, sinking or bombing, or by using nuclear, biological or chemical weapons, comitting this crime against one of the antecedents or descendants or spouse or sibling, against a child or a person who is unable to defend themselves in terms of body or spirit, against a woman known to be pregnant, due to the public duty performed by the person in order to conceal a crime, remove evidence or facilitate its commitment, in the motive of cherishing a vendetta or comitting this crime as an honor crime.  The person is punished with aggravated life imprisonment in these circumstances in question.

First-degree murder is defined under the crimes against individuals and life in the Turkish Criminal Code. Murder offenses are regulated in a total of 5 articles in the Criminal Code. Depending on the perpetrator’s intent, it is necessary to mention deliberate killing (Article 81) or manslaughter (Article 85).The severity of the crime and the perpetrator’s intent can be assessed by various factors, such as the relationship between the perpetrator and the victim, the means used, and the circumstances of the crime. In complex cases like this, having the guidance and expertise of an attorney in Antalya, the best law firm in Antalya, can play a crucial role. In situations with aggravating circumstances, such as committing the crime with monstrous intent or against certain individuals, the person can face aggravated life imprisonment.