He killed his wife for warning him about his drinking: Supreme Court rules 'warning about bad habits does not constitute provocation'
In the Döşemealtı district of Antalya, retired teacher Telat Yılmaz argued with his wife, Gülsenem Yılmaz, on December 9, 2021. Yılmaz, who had been warned about his alcohol and gambling addiction, took a bread knife from the kitchen following an argument and stabbed his wife 6 times in the chest, arm, and back. After the incident, Telat Yılmaz went to the Antalya Döşemealtı Police Station and turned himself in.
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Retired teacher Telat Yılmaz, who lived in the Döşemealtı district of Antalya, went home on the evening of December 9, 2021, after drinking alcohol in a park. His wife, Gülsenem Yılmaz, who was uncomfortable with Telat Yılmaz's constant drinking and gambling addiction, warned her husband. The couple then began to argue.
According to the report by Umay Sena Sümer from Sabah newspaper, as the argument turned into a fight, Telat Yılmaz took a bread knife from his wife, who was preparing food in the kitchen, and stabbed Gülsenem Yılmaz 6 times in the chest, arm, and back area.
Telat Yılmaz went to his sister Necla Yılmaz's house in the morning to explain what he had done, and then went to the Antalya Döşemealtı Police Station to turn himself in.
The Antalya Chief Public Prosecutor's Office prepared an indictment against Telat Yılmaz, requesting an aggravated life sentence for the crime of "intentional murder of a spouse."
In the case heard at the Antalya 4th High Criminal Court, the victim's son, Kayhan Yılmaz, stated in his testimony: "My father caused us financial and moral harm throughout our lives. I have lived until today in constant fear that something would happen to my mother. My father always had alcohol and gambling problems."
AGGRAVATED LIFE SENTENCE FOR THE DEFENDANT
"He never acted like a father to us. I am filing a complaint against Telat Yılmaz for murdering my mother and for causing my sibling and me indescribable financial and moral pain." The court sentenced the defendant to an "aggravated life sentence" for the crime of "intentional murder of a spouse."
Upon the appeal of the parties, the file was moved to the 2nd Antalya Regional Court of Justice. The court decided to reject the appeal on its merits.
Telat Yılmaz's lawyer argued that his client committed the crime under unjust provocation and took the file to the Supreme Court.
VERDICT UPHELD
The 1st Criminal Chamber of the Supreme Court rejected the appeal regarding the requested application of unjust provocation provisions and discretionary reduction, upholding the verdict.
The decision stated that a warning made for a spouse to stay away from bad habits would not fall within the scope of unjust provocation.