Discretionary penalty reduction is regulated in Article 62 of the Turkish Criminal Code. The judge who conducts the trial has the right of discretion whether to apply a discretionary penalty reduction or not. However, the judge must exercise the discretion in accordance with the law and the concrete case.


The trial judge may only consider the following reasons as reasons for discretionary reduction:

The history of the perpetrator,

Social relations of the perpetrator,

Behavior showing remorse after the wrongful act and during the trial,

The possible effects of the sentence on the future of the offender.


What Is The Discretionary Penalty Reduction Rate?


In case of a discretionary reduction, the rate of reduction in the punishment of the perpetrator is clearly defined in the law. Accordingly, in the presence of discretionary reasons to mitigate the punishment in favor of the perpetrator, the sentence reduction is applied as follows:

Life imprisonment shall be imposed instead of aggravated life imprisonment

Twenty-five years imprisonment instead of life imprisonment

Up to one-sixth (1/6) of all other prison sentences and judicial fines are reduced


This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of a criminal defense attorney.  If you want to contact an English-speaking criminal lawyer in Istanbul for more information you can contact our office.