Effective Repentance

Effective repentance is an institution providing a penalty reduction or impunity where the offender, after committing the offence, shows repentance by removing or reducing its consequences. It is not a general institution; it applies only to offences expressly provided by law.

Property Offences

In breach of trust, aggravated fraud, theft and similar property offences (Turkish Criminal Code Art. 168):

• If the offender fully compensates the victim’s loss by returning the property or paying compensation before prosecution begins, the penalty is reduced by up to two thirds.
• If after prosecution begins but before judgment, the penalty is reduced by up to half.
• For partial return or compensation, the victim’s consent is required.

Other Offences

• Bribery: A person who informs the competent authorities or hands over the bribe before the matter is discovered is not punished.
• Money laundering: A person who, before prosecution begins, informs the authorities so as to enable seizure of the assets is not punished.
• Tax offences: The Tax Procedure Law allows effective repentance in tax evasion offences under certain conditions, by voluntary disclosure and payment of the tax; see Fake Invoice.
• Cybercrimes: Some cybercrimes, such as misuse of bank or credit cards, also have effective repentance provisions.

For Companies

• As victim: Effective repentance gives the offender a strong incentive to compensate the loss; the company can recover its loss in the process.
• For managers: In economic crime investigations, early compensation significantly reduces the penalty and is central to defence strategy.

Compensation also matters for criminal mediation and deferment of the announcement of the verdict. For the similar competition law institution, see Leniency.