VOLUNTARY ABANDONMENT BY EXECUTIVE BEHAVIOUR THAT HAS NOT ACHIEVED THE DEGREE OF ATTEMPT

Voluntary abandonment is a personal reason that removes punishment in terms of wrongfulness at the degree of criminal attempt. According to Turkish law voluntary abandonment is an institution linked to criminal attempt. Therefore, before making an assessment on the voluntary abandonment as an institution, it is necessary to determine whether there is an act which has reached the wrongfulness at the degree of criminal attempt. The Article 35 of the Turkish Penal Code No. 5237 sets out that criminal attempt has two main elements, one is positive and the other is negative, former is beginning to intend the crime with direct and appropriate acts and the latter is not completing the crime due to circumstances beyond defendant’s control. This study focuses on the practical drawbacks for narrowing the punishment caused by the interpretation of the article 35 of the Turkish Penal Code by adhering to the legality principle and proposes a solution to eliminate these drawbacks.