Özet:

Although the crime committed against the spouse is accepted as a qualified form requiring intensified punishment according to the Turkish Criminal Code and the case-law of the Supreme Court, the same crime committed against an ex-spouse is punished with the basic form of the crime. Despite the fact that most of them are committed with the same motives, punishing the murder of the spouse more heavily is almost a punishment for women who have managed to divorce. In addition, on its website, the Ministry of Family, Labor, and Social Services defines “violence against women and family members” as violence which takes place among family members such as children, spouses, ex-spouses, and close relatives. In this context, it is detected by public authorities that ex-spouses need special protection. Despite this fact, the absence of protection of ex-spouses in criminal code disturbs the conscience of the society and requests for changes in the law are being expressed in different channels. In this study, the legal extent of the subject on the sociological basis and the changes to be made on the legislation, the related crime being committed with the motive of the custom or under the effect of unfair provocation, the responsibility of the Turkish criminal legislation against international agreements, and the need of revising it according to these texts were discussed.

Anahtar Kelimeler: