Intentional killing (homicide)

The offence commonly called homicide or murder is termed intentional killing (kasten öldürme) in Turkish law. Article 81 of the Turkish Penal Code defines it in a single sentence: a person who intentionally kills another person is punished with life imprisonment.

Elements of the offence

Intent. Under the Code, intent means committing the elements of an offence knowingly and wilfully (TCK 21). The offender knows that the conduct will cause the death of a person and wants that result.

Conditional intent. If the offender foresees that death may occur and nevertheless continues the conduct, there is conditional intent (olası kast). In that case the penalty is 20–25 years instead of life imprisonment, and life imprisonment instead of aggravated life imprisonment (TCK 21/2).

Result. The offence is complete only when death occurs. If the offender begins acts capable of causing death but death does not occur, the offence remains at the stage of attempt.

Penalty

• Intentional killing (TCK 81): life imprisonment.
• Aggravated intentional killing (TCK 82): aggravated life imprisonment. Premeditation, killing a spouse, a child or a woman, and blood feud or custom-related motives are among the aggravating circumstances.
• Attempt (TCK 35): 10–18 years instead of life imprisonment, and 14–21 years instead of aggravated life imprisonment.
• Unjust provocation (TCK 29): 12–18 years instead of life imprisonment, and 18–24 years instead of aggravated life imprisonment.

Life imprisonment lasts for the rest of the convicted person’s life. Aggravated life imprisonment is also for life and is served under a strict security regime.

Prosecution and enforcement

• The offence is not subject to a complaint and is not eligible for mediation. The investigation begins ex officio.
• Intentional killing is one of the catalogue offences for which grounds for pre-trial detention may be presumed (CMK 100/3).
• The limitation period for prosecution is 25 years for offences punishable by life imprisonment and 30 years for offences punishable by aggravated life imprisonment (TCK 66).
• For conditional release, 24 years of a life sentence and 30 years of an aggravated life sentence must be served in prison. For people sentenced to fixed-term imprisonment for intentional killing, the proportion is two thirds of the sentence (Law No. 5275, Art. 107).

Offences often confused with it

• Negligent killing (TCK 85): death is not intended; it results from a breach of the duty of care and attention. The penalty is 2–6 years.
• Death resulting from intentional injury (TCK 87/4): the offender intends the injury but not the death. The penalty is 10–14 years, or 14–18 years in the circumstances listed in Article 86(3), such as use of a weapon or an offence against a spouse.
• Incitement to suicide (TCK 84): forcing a person to commit suicide by force or threat is treated as intentional killing.

How it is counted in the data

The homicide indicator counts people killed intentionally; the number of cases that resulted in death is given separately. Attempts and incidents ending in injury are not included in this indicator; if they were committed with a firearm or a knife or blade, they are included in the armed assault indicator. Homicide map and ranking

Intimate partner and family homicides and femicides are reported separately on the homicide page. No separate index, rate or ranking is calculated for the subgroups.