SSS · Settlement & Outcome Management

Under effective remorse, who should pay the loss, and when?

It depends on the offence and on which body is involved, but the general direction is constant: the earlier the payment, the larger the reduction. Under the effective-remorse provisions of…

Updated · July 20261 min readCategory · Settlement & Outcome Management
Short answer

It depends on the institution concerned; payment during the investigation phase generally secures the highest reduction. The way the payment is documented prevents disputes over the reduction.

It depends on the offence and on which body is involved, but the general direction is constant: the earlier the payment, the larger the reduction. Under the effective-remorse provisions of the Turkish Penal Code (No. 5237), making the loss good during the investigation — before it hardens into a prosecution — usually secures the highest reduction, and a payment made once the prosecution is under way earns a more limited one.

Tax and similar public receivables are different again: the relevant special legislation carries its own remorse and payment rules, so the provision that actually applies has to be identified file by file. As a rule the payment is made by the offender, or by a person or company on their behalf, which means who pays and when is something to structure rather than leave to chance. What matters most is that it is made in time and documented so that it can be proved — the bank receipt, the minute, the set-off record. An undocumented payment reopens the argument about the reduction for no reason at all.

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This content is for general information only and does not constitute legal advice. Please contact our team for an assessment of your specific circumstances.
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