Discretionary mitigation
A reduction of the penalty by the judge on discretionary grounds in the offender’s favour. 25 years’ imprisonment is imposed instead of life imprisonment; other penalties are reduced by up to one sixth.
If there are discretionary grounds for reducing the penalty in the offender’s favour, the judge reduces the penalty (TCK 62). In practice it is also called the "good conduct reduction".
Amount of the reduction
- Life imprisonment instead of aggravated life imprisonment,
- 25 years’ imprisonment instead of life imprisonment,
- for other penalties, a reduction of up to one sixth.
Grounds
The judge may take into account:
- the offender’s background and social relationships,
- conduct after the offence and during the proceedings that shows remorse,
- the possible effects of the penalty on the offender’s future.
The grounds for discretionary mitigation must be stated with reasons in the judgment.
2022 amendment
Under a sentence added by Law No. 7406 of 12 May 2022, superficial conduct by the offender at the hearing that is aimed at influencing the court is not taken into account as a ground for discretionary mitigation. The amendment was introduced against reductions granted on the basis of defendants’ appearance at hearings, in particular in cases of violence against women.