In CMK 223/3 and 223/4, cases regarding the fact that there is no place for punishment are regulated. The decision that there is no place for punishment is based on the fact that the accused has committed the typical act considered a crime, but there are no cases of his fault (CMK m.223/3. article) in some cases (CMK 223/4. matter) is given. According to CMK 223/3, there is no defect;
Age (TCK 31. substance)
Mental illness (TCK 32. substance)
Deaf and dumb (TCK 33. substance)
Finding temporary reasons (TCK 34. substance)
The commission of the charged crime by fulfilling the unlawful but binding order (TCK 24/2. substance)
The commission of the charged crime in case of necessity (TCK 25/2. substance)
The commission of the charged crime under the influence of algebra or threat (TCK 28. substance)
Exceeding the border in self-defense due to excitement, fear and haste (TCK 27/2. substance)
Falling into an error that eliminates imperfection (TCK 30/3. substance)
in such cases, it is decided that there is no place for punishment due to the absence of a defect. 4 Of the same article. in the paragraph, the situations that prevent punishment are shown and it is stated that the decision will be made that there is no place for punishment in these cases. According to the relevant regulation, although the act committed by the accused continues to be a crime;
Active regret(TCK 93, 192, 201, 254, 274. matter, etc.)
The existence of a reason for personal impunity (TCK 22, 167, 245. substance)
Mutual insult(TCK 129. substance)
The lack of unfair content of the committed act (TCK 145. substance)
in cases where the accused cannot be sentenced for reasons such as, the court decides that there is no place for the defendant to be sentenced. (CMK 223/4.substance)
In order to be able to decide that there is no place for punishment, a decision other than a conviction such as acquittal, stopping, falling should not be made as a result of the criminal proceedings against the accused. If a decision other than a conviction is to be made, it cannot be decided that there is no place for punishment anymore. In other words, if it is fixed that the accused committed the act, it is decided that there is no place for punishment.
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