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ATTEMPT according to Article 21 of Turkish Penal Code
(1) The constitution of crime is based on the presence of attempt. Attempt is
when the elements of the crime specified in law are realized on purpose and
intentionally.
(2) In case the person commits the action although he foresees that the elements
of the crime specified in law are going to be realized then there is a potential
attempt. In this case, a life imprisonment shall be sentenced in crimes
necessitating aggravated life imprisonment and an imprisonment of twenty to
twenty-five years shall be sentenced in crimes necessitating life imprisonment;
in other crimes, the principle penalty shall be reduced from one third to half”.
According to Article 213 of Turkish Penal Code, THREAT AIMED AT CREATING FEAR
AND PANIC AMONG PUBLÝC:
(1) A person who is threatening openly in terms of life, health, body or
sexual immunity or assets aimed at creating anxiety, fear and panic among people
shall be sentenced to imprisonment from two to four years.
(2) In the event that the crime is committed with a gun, the penalty which will
be imposed can be increased up to half of the proportion as per the
qualification of the gun
According to article 90 of the law of criminal procedure, THE PROCEEDÝNGS
WHICH WILL BE STARTED ABOUT THE CAPTURE AND THE PERSON CAUGHT
(1) In the events undermentioned, everybody shall make someone caught
temporarily:
a) If the person sees the other person committing a crime.
b) The fact that there is a chance that the person, who has been followed due to
its action in the act, escapes or the fact that there isn’t any chance of its
immediate identification.
(2) In the events that there is a necessity of executing the arrest warrant or
the arrest order and that a delay is found unfavorable; in case there isn’t any
chance of applying immediately to the Public prosecutor or its superiors, the
police members shall be entitled to arrest.
SEARCHING and CONFISCATION according to the Law of Criminal Procedure
Search concerning the suspect or the accused (Article 116)
(1) If there is a plausible suspicion in regard to the capture or the obtainment
of criminal evidence, the suspect’s or the defendant’s clothes, belongings,
house, workplace or other places belonging to him shall be searched.
Search concerning other people (Article 117)
(1) The other person’s clothes, belongings, house, workplace or other places
belonging to him shall be searched aimed at catching the suspect or the accused
or at obtaining criminal evidences.
(2) To make a search in these cases shall be related to the presence of events
allowing the acceptance that the person searched or the criminal evidences are
present in the places mentioned.
(3) This restriction shall not be valid concerning the places the suspect or the
accused are present and the places he goes while being followed.
Search which will be made at night (Article 118)
(1) A search shall not be made in houses, work places or other indoors at
night.
(2) In case a catch in the very act or a delay is found unfavorable and in
searches made aimed at catching the person caught or detained who has escaped or
at recatching the prisoner, the first paragraph provision shall not be
implemented.
Search Decision (Article 119)
(1) (Amended first paragraph: 25.05.2005- 5353/15 art.) Upon the judge’s
decision or in case a delay is found unfavorable, a search shall be made by
police members with the public prosecutor’s written order, in case the public
prosecutor isn’t reached, a search shall be made with the police chief’s written
order. However, upon the judge’s decision and in case a delay is found
unfavorable, a search in houses, workplaces and in closed areas which are not
open to general public shall be made with the public prosecutor’s written order.
The search results made with the police chief’s written order shall be
immediately notified to the Chief Public Prosecutor’s Office.
(2) In search decision or search warrant;
a) The action which constitutes the reason of the search,
b) The person who will be searched, the house or the other place’s address or
the belongings which will be searched,
c) The length time the decision or the order will be valid will be shown openly.
(3) The clear identities of those who start proceedings are written in the
search record.
(4) In order to make a search in houses, workplaces or other indoors, 2 people
of the council of elders or the neighbors shall be present.