The crime of deliberate murder is one of the most serious crimes. It is regulated in TCK articles 81-82.
Simple Intentional Murder (TCK Article 81)
"A person who deliberately kills a person is punished with life imprisonment."
Qualified Circumstances (TCK Article 82)
The penalty is aggravated life imprisonment:
- By design (planning in advance)
- With monstrous feeling or torment
- Through fire, flood, destruction, poisoning
- A lineage against lineage, lineage, spouse or sibling
- Against a child or a person who cannot defend himself/herself due to physical/mental health
- Against a woman known to be pregnant
- Due to the public duty performed by the person
- To conceal a crime, eliminate evidence or commit another crime
- For bloodletting purposes
- Motivated by custom
Supreme Court CGK Approach
The General Criminal Assembly of the Supreme Court of Appeals requires that the "cooling off period before the incident has passed" and that the perpetrator's action must have been carried out "according to the plan" for the presence of the element of "design". Killings committed on impulse are not considered premeditated.
Extenuating Circumstances
- Unfair provocation (TCK Article 29) — penalty is reduced by 1/4 to 3/4
- Exceeding the limit in legitimate defense (TCK article 27)
- Processed under the influence of force or threat (TCK Article 28)
Design etc. Instant Killing
The Supreme Court accepts that those who draw their weapons in anger and shoot during the verbal argument do not have the element of design, but that the perpetrator's search with a gun beforehand may be a presumption of "design".
Effective Repentance and Reconciliation
This crime is outside the scope of agreement. Effective regret provisions do not apply.
Court in Charge
High Criminal Court.
In cases requiring such severe punishment, the support of an experienced criminal defense attorney is of vital importance.