A crime must be an act or omission. Since the general provisions of criminal law emerged by taking into account the intentional and executive acts that constitute the majority of crimes, there are different opinions as to whether the attempt included in the general provisions will be applied to omission crimes or not. In omission crimes, attempts are handled separately for "commission by omission crimes" and "omission crimes". Commission by omission crimes consist of intentional murder and intentional injury. Although there are opinions arguing that the provisions of attempting to commit omission crimes cannot be applied, in the majority of doctrine and in the practice of the Supreme Court, attempting to commit these crimes is considered possible. Crimes of omission are not suitable for attempt. There are differences of opinion regarding the moment at which the attempt should be initiated among the opinions that apparently accept that the provisions of attempt can be applied to crimes of omission. Unlike these views, a two-stage evaluation should be made in terms of attempts to commit seemingly omission crimes. In the first stage, an attempt should be made to determine the intent of the perpetrator in the incident, and if the intent can be determined, the provisions of attempt should be applied. If the intent of the perpetrator cannot be determined, criminal liability should be determined according to the outcome. In addition, the events and evaluations in the decision of the General Criminal Assembly E 2020/382, K 2022/345, dated 11.05.2022 were examined in terms of attempt to commission by omission crimes.
omission act, omission crime, attempt, commission by omission crime