Criminal

Effective remorse

The institution reducing or removing punishment where the offender repairs the harm or aids justice after the offence is completed.

All terms

Effective remorse reduces or removes punishment in return for the offender's post-offence conduct showing genuine contrition. It is not a general rule: the offences it covers and its conditions are regulated separately within the relevant offence definitions.

Property offences are the best-known field: in theft, fraud and breach of trust, restoring the victim's loss in kind or through compensation earns reductions that vary by procedural stage, with redress before the trial opens rewarded more generously. In drug offences, a user's application for treatment and assistance in uncovering accomplices ground reductions or impunity.

Where the loss is repaired only in part, applying the reduction requires the victim's acceptance. By incentivising redress, the institution also serves the practical function of accelerating the victim's recovery, and amounts paid in the criminal case are set off against damages in any civil action.

Not to be confused with

Gönüllü vazgeçme ile karıştırılmamalıdır: vazgeçme suç tamamlanmadan icradan dönülmesidir, bu kurum ise suç tamamlandıktan sonraki telafi davranışlarını ödüllendirir.

Statutory basis

  • TCK m.168

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.