Aggravated intentional killing

Article 82 of the Turkish Penal Code lists the circumstances in which intentional killing is punished more severely. If one of these circumstances applies, the penalty is aggravated life imprisonment rather than life imprisonment.

Aggravating circumstances

The intentional killing must be committed:

• a) with premeditation,
• b) with monstrous cruelty or by causing torment,
• c) by causing a fire, flood, destruction, sinking or bombing, or by using nuclear, biological or chemical weapons,
• d) against an ascendant or descendant, or against a spouse, former spouse or sibling,
• e) against a child or against a person who is physically or mentally unable to defend themselves,
• f) against a woman,
• g) because of the public duty performed by the victim,
• h) to conceal an offence, destroy its evidence, facilitate its commission or avoid capture,
• i) out of anger at being unable to commit an offence,
• j) with a blood feud motive,
• k) with a custom-related motive.

More than one aggravating circumstance may apply in a single case; the penalty is still aggravated life imprisonment.

Killing a woman

Subparagraph (f) was amended by Law No. 7406 of 12 May 2022 to read "against a woman". Since then, the intentional killing of a woman has been an aggravated circumstance regardless of the relationship between the offender and the victim. See femicide.

Penalty and enforcement

• Aggravated life imprisonment lasts for the rest of the convicted person’s life and is served under a strict security regime (TCK 47).
• Conditional release requires 30 years to be served in prison; where there is more than one aggravated life sentence, the period is 36 years (Law No. 5275, Art. 107).
• If discretionary mitigation is applied, life imprisonment is imposed instead of aggravated life imprisonment (TCK 62). Superficial conduct by the offender at the hearing that is aimed at influencing the court is not a ground for discretionary mitigation.

How it is counted in the data

Aggravating circumstances are not always stated clearly in news reports and are not counted separately in the data. The data classifies the relationship between offender and victim as spouse or partner, family member, acquaintance or stranger.