Judicial judgment — Court of Cassation – Criminal
Waiver by One Heir and Discretionary Mitigating Grounds
Decision reference: Criminal Cassation Decision No. 2016/2026, referring to 101/1999 and 1100/2011.
The stated principle does not require every heir to waive a personal right for the waiver to be considered a discretionary mitigating ground; waiver by one heir may suffice, with the material referring to Criminal Cassation Decisions 101/1999 and 1100/2011.
Crime and penalties
Judicial judgment — Court of Cassation – Criminal
Updated: 22 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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The stated principle does not require every heir to waive a personal right for the waiver to be considered a discretionary mitigating ground; waiver by one heir may suffice, with the material referring to Criminal Cassation Decisions 101/1999 and 1100/2011.
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Question
Must all heirs waive their personal rights to rely on discretionary mitigating grounds?
Extracted principle
The stated principle does not require every heir to waive a personal right for the waiver to be considered a discretionary mitigating ground; waiver by one heir may suffice, with the material referring to Criminal Cassation Decisions 101/1999 and 1100/2011.
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Question?
Must all heirs waive their personal rights to rely on discretionary mitigating grounds?
Extracted principle?
The stated principle does not require every heir to waive a personal right for the waiver to be considered a discretionary mitigating ground; waiver by one heir may suffice, with the material referring to Criminal Cassation Decisions 101/1999 and 1100/2011.
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