What is a repeat offence?

What is Recidivism? | What Does Recidivism Mean? | Izmir Law Office

What does "Mükerrer" mean according to the Turkish Language Association?

duplicate

adjective, archaic, Arabic mukerrer

Repeated, repetitive:
      Duplicate copy.

According to the Turkish Language Association, the concept of "mükerrir," which comes from the Arabic word "tekrir," means repeated or reiterated.

What does "duplicate" mean in law?

"Repeated" means repetition or renewal; the concept of a repeated crime arises when the same crime is committed multiple times. If a new crime is committed after the judgment given for a previously committed crime has become final, the provisions regarding recidivism apply.Turkish Penal Code Article 58In this context, a crime committed repeatedly by the same person is considered a recidivism, and the offender becomes a repeat offender. Therefore, special procedural provisions specific to repeat offenders apply to the offender. In other words, if a person commits more than one crime as specified in the law, they are tried under special legal provisions. The requirement that the sentence must have been served is not necessary for the application of recidivism provisions.

What is the time limit stipulated for a crime to be assessed under the provisions of recidivism laws?

Recidivism provisions apply to offenses committed previously;

• In the case of a prison sentence of more than five years, from the date the sentence is served... five years,
• In the case of conviction for imprisonment of five years or less, or for a judicial fine, from the date of execution of that sentence three years

It does not apply to crimes committed after the deadline.

The penalties for recidivism may be increased within the framework of the conditions stipulated in the law.

In cases of recidivism, if the relevant article of the law provides for imprisonment or a fine as alternative penalties for the subsequent offense, imprisonment shall be imposed. The sentence imposed in cases of recidivism shall be served according to the special execution regime for repeat offenders. Furthermore, supervised release measures shall be applied to the repeat offender after the completion of the sentence.

Which Crimes Are Subject to Recidivism Provisions?

The types of crimes to which recidivism provisions apply are not specifically listed in the legislation. Therefore, with the exceptions detailed below, recidivism provisions can be applied to all types of crimes.

Exceptions to Recidivism Provisions

• Recidivism provisions do not apply between intentional and negligent crimes, or between purely military crimes and other crimes.
• Except for crimes such as intentional homicide, intentional injury, robbery, fraud, manufacturing and trafficking of narcotics or stimulants, and counterfeiting of currency or valuable stamps, judgments rendered by foreign courts do not constitute grounds for recidivism.
• Recidivism provisions do not apply to crimes committed by persons who have not reached the age of eighteen at the time of committing the act.

The conviction decision states that the special execution regime for repeat offenders and the supervised release measure after the execution of the sentence will be applied to the convict. The execution of the sentence and the application of the supervised release measure for repeat offenders are carried out in the manner specified in the law. The special execution regime for repeat offenders and the supervised release measure after the execution of the sentence are also ruled to be applied to habitual offenders, those who have made crime their profession, or members of an organized crime group.

In accordance with Article 108/3 of Law No. 5275, considering that the convict cannot benefit from conditional release if the provisions of recidivism are applied for the second time, and upon examination of the criminal record obtained from UYAP and the criminal records in the file, it is understood that Article 58 of the Turkish Penal Code was applied in the judgment of the Niğde 1st Criminal Court of First Instance, numbered 2010/91-2011/140, which sentenced the defendant to 1 year and 2 months of imprisonment and was taken as the basis for recidivism. Therefore, the defendant, who is a repeat offender for the second time, is deemed to have committed the same offense. supervised release without considering that he cannot benefit from the provisions and without stating that he is a repeat offender for the second time. supervised release The decision to allow him to benefit from the provisions is contrary to the law….

SUPREME COURT OF APPEALS, 12TH CRIMINAL DIVISION, CASE NO. 2017/1391, DECISION NO. 2017/10685

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