PART THREE: ATTEMPT FOR CRIME
ATTEMPT FOR CRIME
Article 35 - (1) A person is charged for the attempt for crime if he directly starts committing a crime deliberately with the appropriate actions but cannot complete it because of the unwilling reasons.
(2) In case of committing a crime, the perpetrator, according to the severity of the damage or threat which occurred, is sentenced to imprisonment from thirteen years to twenty years instead of life sentence in solitary confinement and with no possibility of parole, from nine years to fifteen years life sentence. In the other conditions, the sentence to be given is decreased from one-fourth to three fourths.
VOLUNTARY RENUNCIATION
Article 36 - (1) If the perpetrator desists from committing the crime voluntarily or prevents the completion or the result of the crime with his own efforts, he shall not be sentenced because of attempting; however if the completed part constitutes a crime, he shall be sentenced for that particular crime.
PART FOUR: CONNIVANCE IN A CRIME
PERPETRATION
Article 37 - (1) Each of the persons who perform the act in the legal description of the crime will be responsible.
(2) The person who benefits from another person, as an accessory shall be charged as a perpetrator. The sentence of the person who makes use of the persons not qualified for legal negligence, as accessories shall be increased additionally from one third to half the sentence.
SOLICITATION
Article 38 - (1) The person who solicits another one to commit the crime shall be sentenced with that particular crime.
(2) In case of solicitation for crime by using the influence resulting from the lineal ancestors, the sentence of the soliciting person shall be increased additionally from one third to half the sentence. If the children are solicited for committing the crime, the existence of linear ancestral relationship is not seeked.
(3) If the person soliciting another for crime is unknown, the perpetrator or the other accomplice shall be sentenced to imprisonment from twenty years to twenty five years instead of life sentence in solitary confinement and with no possibility of parole, from fifteen years to twenty years life sentence. The sentences to be given in other condition may be deducted one third.
AIDING CRIME
Article 39 - (1) The person aiding the perpetrator of a crime for committing that crime, if the crime which is committed requires life sentence in solitary confinement and with no possibility of parole, shall be sentenced to imprisonment from ten fifteen years to twenty years; if it requires life sentence, he shall be sentenced to imprisonment from ten years to fifteen years. The half of the sentence shall be deducted in the other conditions. However, in this case the sentence to be given may not exceed eight years.
(2) A person is charged with being aider of a perpetrator because of the crime in the below situations:
a) To provoke for committing a crime or to empower the decision for committing a crime or to promise to give help after committing the act.
b) To guide the way to commit the crime or to provide the tools used in committing the act.
c) To facilitate committing the act by helping before or during committing the crime.
DEPENDANCE RULES
Article 40 - (1) The availability of an act committed deliberately and illegally is enough for connivance in a crime. Every person participating in the committing of a crime shall be sentenced for his own deficient act disregarding the personal reasons preventing the sentence of the others.
(2) In peculiar crimes only the person having the special perpetrator quality may be perpetrator. The other persons participating in committing these crimes are charged with solicitation or aiding.
(3) To be hold responsible from participating in a crime, it is required that the crime at least reaches the level of attempt.
VOLUNTARY RENUNCIATION IN CRIMES COMMITTED IN PARTICIPATION
Article 41 - (1) In crimes committed in participation, only the voluntarily renouncing accomplice benefits from the voluntary renunciation provisions.
(2) The voluntary renunciation provisions are also applied when the crime;
a) is not committed by another reason other than the efforts of the voluntary renouncing person,
b) is committed despite all the efforts of the voluntary renouncing person