Hükümlü veya Tutuklunun Kaçması Suçu (Tck M. 292-293)

In this study, the crime of Escape of a Convict or Detainee is discussed. This crime is regulated in Articles 292 and 293 of the Turkish Penal Code section "Offences Against The Judicial Bodies or Court". In Artcile 292 first paragraph regulates the basic state of the crime (only escape) and in the second paragraph, the commission of the crime by using force or threat is regulated. In the third paragraph of the same Article it is stipulated as a qualified case that the crime is committed by armed forces or by more than one detainees or convicts together. In paragraph 4, a special provision regarding the aggregation has been referred and in paragraph 5, it is stipulated that this Article can also apply to convicts who are working outside a prison or to those whose penalty of imprisonment has been committed to a judicial fine. Article 293 includes the provision of effective remorse regarding the crime. In this study, all these articles were examined in detail. In which cases the crime of escaping will occur and in which cases qualified cases will be applied, the situations that may occur regarding the attempt, participation and aggregation and effective remorse rule have been examined in the scope of the opinions in the doctrine and the decisions of the Supreme Court.