Mental illness in terms of Turkish criminal law and forensic science

Mental Illness in Terms of Turkish Criminal Law and Forensic Sciences Aim: The purpose of our study is to examine the position of mental illness in Turkish Criminal Law and its importance in the field of forensic sciences, by examining the decisions of the Supreme Court in cases which a forensic report on mental illness has been requested and analyzing how these report requests affect the Supreme Court's decisions. Materials and Methods: In this study, the position and importance of mental illness in Turkish Criminal Law and in forensic sciences were examined; while doing this, the effects of the reports, which were taken from the Forensic Medicine institutions related to mental illness, on the Supreme Court decisions were studied. In this context, 110 Supreme Court decisions of the last 2 years from Kazancı Law Database, in which defendants at the age of 18 and above exist, who were tried for crimes against life and body immunity and crimes against property regulated by the Turkish Criminal Law numbered 5237, and for whom on the basis of an alleged mental illness a forensic report is requested, were analyzed. Results: Among the examined 110 Supreme Court decisions, 107 (97.3%) decisions were reversed and 3 (2.7%) decisions were approved. 66 decisions made by the 1st Criminal Chamber and the 3rd Criminal Chamber of the Supreme Court regarding crimes against life and body immunity, constitutes 60% of the 110 decisions we examined in total. The Supreme Court gave 2 approvals and 64 reversals regarding these 66 decisions. The 44 decisions made by 2nd Criminal Chamber, the 6th Criminal Chamber, the 13th Criminal Chamber and the 15th Criminal Chamber of the Supreme Court on offences against property constitute 40% of the 110 decisions we examined in total. The Supreme Court gave 1 approval and 43 reversals regarding these 44 decisions. Conclusion: The fact that 97.3% of the decisions examined in our study were reversals indicates the significance of the Forensic Medicine reports in terms of the Supreme Court decisions related to mental illness and how high is the rate of influence on these decisions. Keywords: Turkish Criminal Law, Supreme Court, mental illness, forensic medicine, forensic sciences