Voluntarily abandonment

In principle a crime follows a process and then occur. The whole process in which a crime shapes is called iter criminis. All iter criminis, not necessarily, includes thought, execution, completion and ending processes. The actor stop the process of crime after starting the execution with his/her own will. This situation is called as voluntary abandonment and settled in 36. clause of Turkish Criminal Law. According to this clause " one who give up the execution voluntarily or prevent the completion of the crime or prevent the finishing of the crime is not penalized. However, if the completed part is a crime, the executor is punished". In this study, "voluntary abandonment" was investigated as a whole process. In the first section of the study, the emergence of voluntary abandonment as a term and then the explanation of the historical development were handled. Next, the theories that account for the basis of the voluntary abandonment were investigated. Then, An in depth analysis of the voluntary abandonment with its all dimensions was conducted. The effects and the results of this institution as well as the difference from effective repentance was analyzed. Last, the conclusions were provided. Keywords: Voluntary abandonment, attempt, crime policy, contrition, subjective and objective theory.