26 April 2016
1) Definition of Serial Murder
Serial murder is not a new phenomenon; looking back in history, it is evident that serial killers have made their mark. In the 19th century, Dr. Richard von Krafft-Ebing wrote the first work on violence and sexual crimes in Europe. In his 1886 book Psychopatia Sexualis, Dr. Krafft-Ebing discusses numerous cases of murder, serial killings, and other sexual crimes, particularly those motivated by sexual reasons.
In Turkish law, there is no specific definition of serial murder. In academic discussions, definitions of serial murder are based on the time intervals between murders. This time frame helps distinguish between mass killings and serial murders. For serial murders to be classified, there are distinct differences in the timing, opportunities, waiting periods, and emotional aspects. Although there is no legal definition of serial murder in our legal framework, this does not imply that serial murders do not occur in Turkey. Some cases, such as the "Screwdriver Killer" Yavuz Yapıcıoğlu, the "Artvin Monster" Adnan Çolak, the "Baby-Faced Killer" Ali Çolak, and the "Highway Killers" Mehmet Karahasan and Yiğit Berkçe, are some of the well-known examples. Considering these, as well as unsolved serial murders, a concerning picture emerges. According to the FBI, serial murders account for only 1% of all murders committed annually, making them rare events.
In American law, the definition of serial killers was established in the Protection of Children from Sexual Predator Act (1998). According to this law, serial murder refers to a series of three or more murders with similar characteristics, which are likely to have been committed by the same individual(s), with at least one of the murders taking place in the United States.
2) Regulations on Serial Murder in Turkish Law
The right to life is regulated in Article 17 of our Constitution, which states, "Everyone has the right to life, protection of their material and spiritual existence, and the development of these rights." The right to life is also addressed in the European Convention on Human Rights and other international agreements, which place an obligation on state parties to protect the right to life. In this context, Turkish Penal Code Articles 81 and onwards regulate crimes against life, with voluntary manslaughter being the relevant crime for serial murder. However, there is no specific provision for serial killers in our legal framework.
Serial murder can occur through the commission of the crime of voluntary manslaughter, as defined in the law. Thus, the lightest sentence for serial murder would be life imprisonment. It is my view that attempts at serial murder should not be possible. If a serial killer is caught during their first murder, the principle that "the defendant benefits from doubt" would prevent the court from ruling that the individual is a serial killer. Otherwise, it would lead to an interpretation of their intentions, which would be unlawful. Moreover, if someone kills multiple people at different times, they can be sentenced to life imprisonment for each murder. If the murderer is caught and the victim has survived, the offense would be attempted murder for the last crime.
Since there is no specific regulation for serial murder and as per the principle that no crime and punishment exist without a law, the question arises about what other provisions could be applied to serial killers. In this context, the aggravated forms of voluntary manslaughter in Article 82 of the Turkish Penal Code will come into play. If one of the aggravated forms is present, an aggravated life sentence may be imposed. The aggravated forms outlined in Article 82 include:
- Committing the crime with premeditation,
- With monstrous feelings or inflicting torture,
- Using fire, flood, destruction, submersion, or bombing, or using nuclear, biological, or chemical weapons against relatives,
- Against a child or a person who cannot defend themselves physically or mentally,
- Against a pregnant woman,
- Due to the performance of public duties,
- To conceal a crime, destroy evidence, or facilitate its commission,
- For vengeance,
- Due to customary violence (honor killings).
Since serial murders involve the crime of killing, all of these options could be considered in combination or separately in a serial murder. However, premeditation and committing murder with monstrous feelings or torture should be considered as the primary issues in such cases.
Premeditated Murder
Serial killers may commit murder without any reason or may plan the murder in advance. In cases of premeditated murder, the reason for the increased penalty is not the killer’s calmness but rather the planning of how best to carry out the act, what tools to use, how to catch the victim defenseless, and how to conceal the act. This type of perpetrator is dangerous to society and should be punished more severely.
Premeditated murder as an aggravating factor has been regulated in both our current and previous penal codes, such as the Ottoman Penal Code of 1858 and the model Italian Penal Code. The concept of premeditation is not defined in the Turkish Penal Code, but it was defined in the Ottoman Penal Code of 1858. According to this, "A murderer who commits a killing after having previously thought and decided upon it is a premeditated murderer." According to the Supreme Court, the determination of premeditation is the judge's responsibility, and it will depend on the specific circumstances of the case.
Monstrous Feelings or Inflicting Torture While Killing
Serial killers may commit murder with monstrous feelings or by inflicting torture. In Turkish Penal Law, torture is defined as "engaging in acts that humiliate a person's dignity and cause them to suffer physically or mentally." In cases of murder by torture, the killer does not only have the intention to kill the victim but also wants to inflict suffering.
It is my opinion that, regardless of the circumstances, serial killers are motivated by monstrous feelings, as discussed earlier. However, it should be determined whether the perpetrator, under Article 32 of the Turkish Penal Code, has the ability to understand the legal consequences of their actions and whether they can direct their behavior accordingly, determining whether they should be sentenced to security measures or aggravated life imprisonment.
3) Conclusion
It is necessary to accept the existence of serial killers in Turkey in line with legal practitioners’ perspectives. In cases with multiple victims, the possibility of serial murder should be investigated, and the trial process should proceed accordingly. In terms of sentencing, it must be acknowledged that the aggravating factors may apply in serial murders.
Based on the form in which the serial murder is committed, premeditation and monstrous feelings must be examined. In general, if an individual kills multiple victims at different times, they should be sentenced to life imprisonment for each murder. However, if the killer acted with monstrous feelings, an aggravated life sentence should be imposed.
REFERENCES:
- Serial Murder, Multi-Disciplinary Perspectives for Investigators, FBI, accessed January 13, 2015.
- Kasten Öldürme Suçları, Hakan Hakari, Seçkin Publishing, Ankara, 2007.
- Şahıslara ve Mala Karşı Cürümler ve Bilişim Alanında Suçlar, Ayhan Önder, Istanbul, 1994.
