Qualifying circumstances of the offence

Qualifying circumstances of the offence are the causes which, in the case of offences which can only be committed deliberately, increase or decrease the punishment by adding them to the essential elements of the offence. The qualified forms of the crime do not have an effect on the formation of the crime and do not cause any change in its legal character. Although the definition and characteristics of the qualified forms of the crime are not regulated in the general provisions book of the Turkish Criminal Code, both in forming an element of the crime in which they are located and because they affect many issues in the general provisions the basic principles of offences and penalties also apply to the qualifying circumstances of the offence. However, the material and moral elements of the crime and the subjects of undertaking, participation and jurisprudence, which are the special forms of the crime, it has a distinct feature in terms of the qualified states of the crime. Finally, the determination of the penalty and the qualified states of the crime in terms of the law of procedure reveal a different result. In our study, the basic characteristics of the qualified states of the crime and the classification of certain aspects and the material and moral elements of the crime it affects, the specific forms of the crime, the theory of sanctions and the law of procedure were examined.