"Effective Remorse" as a Personal Ground Mitigating or Eliminating Punishment 20 Nisan 2026

B. What Are the Conditions?
 

1. Existence of an Effective Remorse Provision in Respect of the Relevant Offence
 

Effective remorse is not provided for in the First Book of the Turkish Penal Code. Accordingly, the availability of effective remorse in connection with a given offence is contingent upon the existence of a specific statutory provision on effective remorse relating to that offence. In other words, the legislature has not included effective remorse among the general provisions applicable to all offences. Consequently, not only is effective remorse available solely in respect of certain offences specifically designated by the legislature, but the content of the relevant effective remorse provisions also varies.
 

2. Completion of the Offence
 

As is evident from the definition set out above, effective remorse constitutes a state of remorse that encompasses remedial acts performed after the completion of an offence, rather than remorse experienced prior to its completion, and is in this respect distinguishable from voluntary abandonment. Accordingly, effective remorse cannot be invoked in respect of offences that remain at the attempt stage (Court of Cassation General Criminal Board, File No. 2020/296, Decision No. 2022/563, dated 20.09.2022).
 

3. Conduct of Remorse in Conformity with the Prescribed Conditions
 

The benefit of effective remorse is conditional upon the suspect or accused performing the conduct prescribed in the relevant statutory effective remorse provision. Depending on the applicable provision, such conduct may consist of an active act by the perpetrator or, alternatively, a passive act or an act of desistance (Bilal OSMANOĞLU, Effective Remorse in Criminal Law and Criminal Procedure, Supervisor: Prof. Dr. Adem SÖZÜER, Doctoral Thesis, Istanbul, 2024, pp. 102-103). For instance, in the context of the offence of unlawful deprivation of liberty, the qualifying act of remorse may take the form of voluntarily releasing the victim unharmed in a place of safety, or alternatively refraining from preventing the victim from leaving the premises. In addition, an act of remorse may consist of taking a positive action, remedying the harm caused, or assisting the investigative or judicial authorities in elucidating the offence.

The relevant statutory provision may require that the act of remorse satisfy certain specific conditions. For example, where a member of a criminal organisation established for the purpose of committing offences seeks to benefit from effective remorse, the information provided by that person regarding the organisation must be of a nature apt to bring about the dissolution of the organisation or the apprehension of its members. Likewise, for a person who has counterfeited currency or valuable stamps to benefit from effective remorse, the information provided must be of a nature capable of securing the apprehension of the co-perpetrators and the seizure of the counterfeit currency or stamps. Furthermore, the release of a victim by a perpetrator who has unlawfully deprived that person of their liberty must occur before the commencement of an investigation, must not cause harm to the victim, and must take the form of releasing the victim in a place of safety.
 

4. Voluntariness
 

Effective remorse is not conduct arising from pressure applied upon or a sanction imposed on the suspect or accused, but rather conduct arising entirely from the free will of the suspect or accused, and in this respect bears resemblance to voluntary abandonment. The voluntary nature of the act of remorse should not be interpreted as requiring the person to harbour genuine and sincere remorse.
 

"It is sufficient that the perpetrator's outward conduct be voluntary to a degree that may be regarded as a manifestation of remorse; an inquiry into their inner world to ascertain whether they are truly sincere will not be undertaken. In this regard, even if the motive of avoiding punishment has played a role in the accused's conduct, what matters is that the accused has not acted solely on the basis of that motive." (Court of Cassation General Criminal Board, File No. 2020/296, Decision No. 2022/563, dated 20.09.2022).
 

C. Legal Consequences
 

1. At the Investigation Stage
 

Where the suspect fulfils the obligations prescribed under the applicable effective remorse provision during the investigation stage, the decision to be rendered will vary depending on the relevant effective remorse provision. As set out below, it is observed that, in respect of certain categories of offence, the effective remorse provision is aimed at eliminating the sentence, whilst in respect of others it is aimed at reducing the sentence. Where the applicable effective remorse provision provides for the elimination of the sentence, the suspect's benefit from effective remorse will result in a decision that there is no ground for prosecution.

Article 171(1) of the Code of Criminal Procedure, which governs this matter, reads as follows: "Where the conditions requiring the application of the provisions on effective remorse as a personal ground eliminating punishment, or a personal ground of immunity from punishment, are present, the public prosecutor may decide that there is no ground for prosecution." (CCP Art. 171/1)
 

Where the applicable effective remorse provision provides for a reduction of the sentence, the prosecuting authority shall, where sufficient suspicion exists, file an indictment and institute criminal proceedings, with the assessment regarding the reduction of the sentence to be conducted by the court.
 

2. At the Prosecution Stage
 

Where the accused fulfils the obligations prescribed under the applicable effective remorse provision after the institution of criminal proceedings, the decision to be rendered will likewise vary depending on the relevant effective remorse provision. Where the applicable effective remorse provision provides for the elimination of the sentence, the accused's benefit from effective remorse will result in a decision that there is no ground for imposing punishment.
 

Article 223(4) of the Code of Criminal Procedure reads as follows: "(4) Notwithstanding that the act committed retains the character of an offence;
(a) Effective remorse ... Accordingly, where there is no ground for imposing punishment on the perpetrator, a decision to that effect shall be rendered." (CCP Art. 223/4)
 

Where the applicable effective remorse provision provides for a reduction of the sentence, the court, in accordance with Article 61 of the Turkish Penal Code, shall first determine the base sentence within the statutory minimum and maximum limits prescribed for the offence in question, and shall thereafter apply any applicable increases and/or reductions by making assessments relating to eventual intent and conscious negligence, where relevant. The court shall then carry out the assessments relating to attempt, participation, chain of offences, unjust provocation, minority, mental illness, and effective remorse in sequence, and shall render its judgment by applying the reduction prescribed in the relevant effective remorse provision.
 

D. Categories of Offence for Which Effective Remorse is Available and the Relevant Provisions
 

The categories of offence for which effective remorse is available - both under the Turkish Penal Code and under special criminal laws and laws containing criminal sanctions - and the relevant effective remorse provisions are as follows:
 

1. Trafficking in Organs or Tissues
 

"(1) Where a person who has sold their organs or tissues reports the matter to the competent authority before it is discovered by official authorities, thereby facilitating the apprehension of the perpetrators, no punishment shall be imposed on that person.
 

(2) Where, after the matter has been discovered, a person who has sold their organs or tissues voluntarily renders service and assistance in bringing the offence to light and apprehending the other perpetrators, the punishment to be imposed on that person shall be reduced by between one-quarter and one-half, depending on the nature of the assistance rendered." (TPC Art. 93)
 

2. Unlawful Deprivation of Liberty

"Where a person who has committed the offence defined in the foregoing article voluntarily releases the victim in a place of safety without causing harm to that person's physical integrity, before an investigation into the offence is initiated, the punishment shall be reduced by up to two-thirds." (TPC Art. 110)
 

3. Offences Against Property
 

"(1) Where, following the completion of the offences of theft, damage to property, breach of trust, fraud, fraudulent bankruptcy, or negligent bankruptcy, but before criminal proceedings are instituted in that regard, the perpetrator, the instigator, or the assistant personally demonstrates remorse and fully redresses the harm suffered by the victim by restitution in kind or by compensation, the punishment to be imposed shall be reduced by up to two-thirds.
 

(2) Where effective remorse is demonstrated after the institution of criminal proceedings but before judgment is rendered, the punishment to be imposed shall be reduced by up to one-half.
 

(3) In the case of the offence of robbery, the punishment to be imposed on a person who demonstrates effective remorse shall be reduced by up to one-half in the cases falling within the first paragraph, and by up to one-third in the cases falling within the second paragraph.
 

(4) Where the restitution or compensation is partial, the consent of the victim is additionally required for the provisions on effective remorse to apply.
 

(5) In the offence of obtaining unjust enrichment without consideration, where the perpetrator, instigator, or assistant demonstrates remorse and fully compensates the loss suffered by the victim, a public body, or a private legal entity before the conclusion of the investigation, no criminal action shall be brought; where the loss is fully compensated before judgment is rendered, the punishment to be imposed shall be reduced by up to one-third. However, a person may not benefit from the provisions of this paragraph on more than two occasions." (TPC Art. 168)
 

This provision also applies in respect of the basic form of the offence of misuse of bank and credit cards as defined under Article 245(1) of the Turkish Penal Code.
 

4. Embezzlement
 

"(1) Where the embezzled property is returned in kind or the loss suffered is fully compensated before an investigation is initiated, the punishment to be imposed shall be reduced by two-thirds.
 

(2) Where, voluntarily and before the institution of criminal proceedings, the embezzled property is returned in kind or the loss suffered is fully compensated, the punishment to be imposed shall be reduced by one-half. Where effective remorse occurs before judgment is rendered, the punishment to be imposed shall be reduced by one-third." (TPC Art. 248)
 

5. Bribery
 

"(1) Where the person who has accepted a bribe surrenders the subject matter of the bribe in kind to the authorities competent to investigate before the matter is discovered by official authorities, no punishment shall be imposed on that person for the offence of bribery. Where a public official who has agreed with another person to accept a bribe notifies the competent authorities of the matter before it is discovered by official authorities, no punishment shall be imposed on that person for this offence either.
 

(2) Where a person who has offered a bribe or reached an agreement with a public official to do so notifies the competent authorities of the matter with remorse before it is discovered by official authorities, no punishment shall be imposed on that person for the offence of bribery.
 

(3) Where other persons who have participated in the bribery offence notify the competent authorities of the matter with remorse before it is discovered by official authorities, no punishment shall be imposed on those persons for this offence.
 

(4) The provisions of this article shall not apply to persons who offer bribes to foreign public officials." (TPC Art. 254)
 

6. Causing Urban Planning Pollution
 

"(5) Where a person brings a building that was constructed or caused to be constructed without a permit or in violation of the permit into compliance with the urban development plan and the permit, no criminal action shall be brought pursuant to the first and second paragraphs, any pending criminal action shall be discontinued, and the sentence imposed shall be extinguished together with all its consequences." (TPC Art. 184/5)
 

7. Offences Relating to the Manufacture and Trafficking of Narcotic or Stimulant Substances
 

"(1) Where a person who has participated in the offences of manufacture and trafficking of narcotic or stimulant substances notifies the competent authority of the other co-perpetrators and the locations where the narcotic or stimulant substances are stored or manufactured, before the matter is discovered by official authorities, and where the information provided results in the apprehension of the co-perpetrators or the seizure of the narcotic or stimulant substances, no punishment shall be imposed on that person.
 

(2) Where a person who has purchased, accepted, or possessed narcotic or stimulant substances for personal use notifies the competent authority of the identity of the person from whom, the location where, and the time at which such substances were obtained, before the matter is discovered by official authorities, thereby facilitating the apprehension of the perpetrators or the seizure of the narcotic or stimulant substances, no punishment shall be imposed on that person.
 

(3) Where a person voluntarily renders service and assistance in bringing these offences to light and apprehending the perpetrator or other co-perpetrators after the matter has been discovered, the punishment to be imposed on that person shall be reduced by between one-quarter and one-half, depending on the nature of the assistance rendered.
 

(4) Where a person who has used narcotic or stimulant substances applies to the official authorities or health institutions and requests treatment before an investigation is initiated in respect of the purchase, acceptance, or possession of narcotic or stimulant substances for personal use, no punishment shall be imposed. In such circumstances, public officials and members of the healthcare profession shall not be subject to the obligation to report the offence under Articles 279 and 280." (TPC Art. 192)
 

8. Counterfeiting of Currency and Valuable Stamps
 

"(1) Where a person who has counterfeited currency or valuable stamps, imported, transported, stored, or received such items notifies the competent authority of the other co-perpetrators and the locations where the counterfeit currency or stamps were produced or stored, before putting them into circulation and before the matter is discovered by official authorities, and where the information provided results in the apprehension of the co-perpetrators and the seizure of the counterfeit currency or valuable stamps, no punishment shall be imposed on that person.
 

(2) Where a person who has unlawfully manufactured, imported, sold, transferred, purchased, accepted, or stored equipment and materials used in the counterfeiting of currency or valuable stamps notifies the relevant authority of the other co-perpetrators and the locations where such materials were produced or stored, before the matter is discovered by official authorities, and where the information provided results in the apprehension of the co-perpetrators and the seizure of such materials, no punishment shall be imposed on that person." (TPC Art. 201)
 

9. Establishing, Managing, or Being a Member of a Criminal Organisation
 

"(1) Where a founder or manager dissolves the organisation or, through the information provided, causes the dissolution of the organisation, before an investigation is initiated for the offence of establishing a criminal organisation and before any offence is committed in furtherance of the organisation's objectives, no punishment shall be imposed on that person.
 

(2) Where a member of an organisation voluntarily withdraws from the organisation, without having participated in the commission of any offence within the framework of the organisation's activities, and notifies the relevant authorities accordingly, no punishment shall be imposed on that person.
 

(3) Where a member of an organisation who is apprehended without having participated in the commission of any offence within the framework of the organisation's activities provides, with remorse, information apt to bring about the dissolution of the organisation or the apprehension of its members, no punishment shall be imposed on that person.
 

(4) Where a person who has established, managed, or become a member of a criminal organisation, or who has committed an offence on behalf of the organisation without being a member, or who has knowingly and willingly provided assistance to the organisation, voluntarily surrenders and provides information relating to the offences committed within the framework of the organisation's structure and activities, no punishment shall be imposed on that person for the offences of establishing, managing, or being a member of a criminal organisation. Where such information is provided after the person has been apprehended, the punishment to be imposed on that person for this offence shall be reduced by between one-third and three-quarters.
 

(5) A probation measure of one year shall be imposed on persons who benefit from effective remorse. The duration of the probation measure may be extended to up to three years.
 

(6) The provisions on effective remorse in this article shall not be applied to any one person on more than one occasion." (TPC Art. 221)

10. Slander
 

"(1) Where a person who has committed slander retracts the slander before judicial or administrative proceedings are initiated against the victim, the punishment to be imposed for the offence of slander shall be reduced by four-fifths.
 

(2) Where the retraction occurs before criminal proceedings are instituted against the victim, the punishment to be imposed for the offence of slander shall be reduced by three-quarters.
 

(3) Where effective remorse occurs:
(a) before judgment is rendered against the victim, the punishment shall be reduced by two-thirds;
(b) after the victim's conviction, the punishment shall be reduced by one-half;
(c) upon the commencement of the execution of the imposed sentence, the punishment shall be reduced by one-third.

(4) In respect of an act forming the subject matter of slander that exclusively requires the imposition of an administrative sanction:
(a) where effective remorse occurs before the administrative sanction is decided upon, the punishment shall be reduced by one-half;
(b) where effective remorse occurs after the administrative sanction has been imposed, the punishment shall be reduced by one-third.
 

(5) In order to benefit from the effective remorse provisions in respect of slander committed through the press or broadcast media, the retraction must be published by the same means." (TPC Art. 269)
 

11. Perjury

"(1) Where the truth is stated before a decision that would result in a restriction of or deprivation of a right of the person against whom false testimony was given, or before judgment is rendered, no punishment shall be imposed.
 

(2) Where the truth is stated after a decision that would result in a restriction of or deprivation of a right of the person against whom false testimony was given, but before judgment is rendered, the punishment to be imposed may be reduced by between one-third and one-half.
 

(3) Where the truth is stated before the conviction rendered against the person in respect of whom false testimony was given becomes final, the punishment to be imposed may be reduced by between one-half and one-third." (TPC Art. 274)
 

12. Escape of a Convicted Person or Detainee
 

"Where a detainee or convicted person, after having escaped, voluntarily surrenders demonstrating effective remorse, the punishment to be imposed shall be reduced by between one-sixth and five-sixth, taking into account the period elapsed from the date of escape to the date of surrender. However, no reduction shall be made where the period of escape exceeds six months." (TPC Art. 293)
 

Under Other Laws
 

1. Law No. 5941 on Cheques
 

"(1) In respect of a person who fully pays the dishonoured cheque amount together with the default interest accrued from the legal presentation date determined in accordance with the date of issuance stated on the cheque, at the commercial transaction default interest rate provided under Law No. 3095:
(a) the court shall decide to discontinue the proceedings at the trial stage;
(b) the court shall decide to set aside the conviction together with all its consequences after the conviction has become final. The lifting of the prohibition on issuing cheques and opening cheque accounts shall be notified and announced to MERSIS and the Risk Centre in accordance with the procedure set out in Article 5(8).
 

(2) The provisions of the first paragraph shall also apply in the event of withdrawal of the complaint."
 

2. Law No. 5607 on Combating Smuggling
 

"(1) Where a person who has participated in one of the offences defined in Article 3 notifies the competent authority of the act, the other perpetrators, and the locations where the smuggled goods are concealed, before the matter is discovered by official authorities, and where the information provided results in the apprehension of the perpetrators or the seizure of the smuggled goods, that person shall not be punished. The punishment to be imposed on a person who, after the matter has been discovered, renders service and assistance in bringing the entirety of the act to light shall be reduced by two-thirds.
 

(2) A person who has committed one of the offences defined in Article 3 (other than the seventh paragraph) and demonstrates effective remorse by paying to the State Treasury an amount equal to twice the customs value of the goods that are the subject of the offence:
(a) shall have the punishment for smuggling offences defined under this Law reduced by one-half where such payment is made before the conclusion of the investigation stage;
(b) shall have the punishment for smuggling offences defined under this Law reduced by one-third where such payment is made during the prosecution stage before judgment is rendered. This matter shall be cautioned to the suspect by the public prosecutor during the investigation stage. Where such caution is not given during the investigation stage, it shall be given to the accused by the judge during the prosecution stage.
 

(3) The provisions of the second paragraph shall not apply to recidivists or where the offence is committed within the framework of the activities of a criminal organisation."
 

3. Law No. 5411 on Banking

"Where, before an investigation is initiated, the embezzled money, negotiable instruments, or other assets are returned in kind or the loss suffered is fully compensated, the punishment to be imposed shall be reduced by two-thirds.

Where, voluntarily and before the institution of criminal proceedings, the embezzled money, negotiable instruments, or other assets are returned in kind or the loss suffered is fully compensated, the punishment to be imposed shall be reduced by one-half. Where this occurs before judgment is rendered, the punishment to be imposed shall be reduced by one-third.
 

Where the value of the money, negotiable instruments, or other assets constituting the subject matter of the embezzlement offence is minimal, the punishment to be imposed shall be reduced by between one-third and one-half."
 

4. Law No. 5846 on Intellectual and Artistic Works
 

"Where a person who offers for sale, sells, or purchases a work, performance, phonogram, or production that has been unlawfully produced, adapted, reproduced, distributed, or published discloses, before the prosecution stage, the identity of the person from whom such items were obtained, thereby securing their apprehension, the punishment to be imposed on that person may be reduced or the imposition of punishment may be waived entirely."
 

5. Decree-Law No. 556 on the Protection of Trade Marks

"Where a person who offers for sale or sells goods on which another's trade mark has been counterfeited discloses the source from which such goods were obtained, thereby causing the producers to be identified and the produced goods to be seized, no punishment shall be imposed on that person."
 

E. Distinction from Comparable Provisions
 

1. Distinction from Voluntary Abandonment
 

Voluntary abandonment refers to the act of a perpetrator who has commenced the physical acts of execution of the intended offence voluntarily returning to lawfulness - entirely of their own free will - before the completion of the offence. The condition of free will means the absence of any coercive factor, such as duress, threat, or the risk of apprehension, and the absence of any compelling element directing the perpetrator to desist from the acts of execution. Indeed, where it is not the perpetrator's free will but rather a coercive element that has caused them to fail to complete the offence, what arises is not voluntary abandonment but an attempt.
 

According to a view in academic doctrine, effective remorse may be characterised as the manifestation of voluntary abandonment in respect of completed offences (Prof. Dr. İzzet ÖZGENÇ, General Principles of Turkish Criminal Law, 17th edition, Ankara, 2021, Seçkin Publishing, p. 476). By way of illustration: where a perpetrator, intending to steal, takes an item without the consent of its possessor but, before removing it from the premises, desists from the theft and abandons the item, voluntary abandonment is in issue. Where, however, the thief takes the item without the consent of its possessor, removes it from the premises, and subsequently, with remorse, returns it to the possessor or compensates the material loss, effective remorse is in issue.
 

Where a perpetrator voluntarily abandons the acts of execution, or prevents the completion of the offence or the occurrence of the result through their own efforts, they shall not be punished for attempt. However, where the acts performed up to the point of voluntary abandonment constitute an offence in themselves, the perpetrator shall be punished solely in respect of that offence or those offences. Effective remorse is distinguishable from voluntary abandonment in that it is only available after the completion of the offence. In the case of voluntary abandonment, since the constituent elements of the offence are not fulfilled, a decision that there is no ground for prosecution shall be rendered at the investigation stage, and an acquittal shall be rendered at the prosecution stage. Furthermore, voluntary abandonment is provided for in the First Book of the Turkish Penal Code and, to the extent applicable, is available in respect of all categories of offence. Effective remorse, by contrast, falls within the scope of the Second Book and is only available in respect of the specific offences for which it is prescribed.
 

2. Distinction from Mediation
 

Whereas mediation is contingent upon the mutual agreement of the parties, effective remorse does not require the consent of the complainant. Furthermore, where mediation is achieved between the parties, a decision that there is no ground for prosecution shall be rendered at the investigation stage, and a decision to discontinue the proceedings shall be rendered where a criminal action has been instituted. Where a perpetrator benefits from effective remorse - in cases where effective remorse is prescribed as a ground for immunity from punishment - a decision that there is no ground for prosecution shall be rendered at the investigation stage, and a decision that there is no ground for imposing punishment shall be rendered at the prosecution stage.
 

3. Distinction from Article 38(3) of the Turkish Penal Code
 

By virtue of Article 38(3) of the Turkish Penal Code, where the identity of the instigator is unknown, the punishment to be imposed on the perpetrator or co-perpetrator who causes that identity to be revealed shall be reduced. This provision may, in a manner similar to effective remorse, be regarded as a personal ground mitigating punishment. However, since this provision is set out in the First Book of the Turkish Penal Code - that is, among its general provisions - it is applicable to all categories of offence to the extent appropriate. Effective remorse, as stated above, is applicable only to those offences for which it is specifically prescribed. Furthermore, while effective remorse is conditional upon the completion of the offence, Article 38(3) - by virtue of the principle of complicity - is also applicable to offences that remain at the attempt stage.
 

F. Does Effective Remorse Constitute an Admission of Guilt?
 

The application of effective remorse provisions is not contingent upon the establishment or admission of the offence attributed to the suspect or accused, as is also stated in academic doctrine, and the legislature has not prescribed any such requirement. Moreover, where, in the absence of proof or an admission by the suspect or accused, that person avails themselves of effective remorse provisions with a view to benefiting from provisions in their favour within the scope of the proceedings brought against them, it is equally impermissible to interpret this as an admission of guilt. Indeed, the Court of Cassation General Criminal Board, in a decision dated 08.02.2023, held that the compensation by the accused of the amount of the loss arising from the offence cannot be interpreted as constituting an acceptance by the accused of the charges brought against them (Court of Cassation General Criminal Board, File No. 2020/194, Decision No. 2023/72, dated 08.02.2023).
 

G. Is Interest Applied to the Loss to be Remedied within the Scope of Effective Remorse?
 

When determining the damages to be compensated under the provisions on active remorse, the date on which the offence was committed is taken as the basis; there is no requirement to pay ancillary items such as interest or penalty clauses. Indeed, it has been stated in the established case law of the Court of Cassation that the payment of interest, which constitutes ancillary damages, is not a prerequisite for the application of the provisions on effective remorse (Supreme Court Criminal General Assembly, Case No. 2011/45, Decision No. 2011/44, 12 April 2011; Supreme Court 15th Criminal Chamber, Case No. 2017/3235, Decision No. 2019/348, 4 February 2019; Supreme Court 5th Criminal Chamber, Case No. 2010/9780, Decision No. 2012/13008, 13 December 2012; Supreme Court 8th Criminal Chamber, Case No. 2024/22052, Decision No. 2024/8108, 30 October 2024).
 

H. How are Effective Remorse Provisions Applied in Respect of Offences Committed Through Participation?
 

In respect of offences committed through participation, where one perpetrator demonstrates effective remorse, only the perpetrator who has carried out the conduct prescribed for effective remorse shall benefit from the consequent reduction or elimination of punishment.