TURKISH CRIMINAL CODE

Law Number : 5237

Date of Adoption : September 26, 2004

Date and No. of Publication in the Official Gazette : October 12, 2004 - 25611


NOTE: This translation made by myself is unofficial and for information purposes only. All rights of it are reserved as a translation anyway. Read this page first, please. Click "TÜRK CEZA KANUNU" for full Turkish text of the Code.

 

BOOK ONE
General Provisions

PART ONE
Basic Principles, Definitions and Field of Application

CHAPTER ONE
Basic Principles and Definitions

Object of the Criminal Code

ARTICLE 1- (1) The object of the Criminal Code is to protect the individual rights and freedom, public order and security, the state of law, public health and environment and social peace and to prevent commission of offences. Basic principles of criminal responsibility, the offences and types of penalties and security measures have been regulated in this Code to achieve this object.

 

Legality principle in offence and penalty

ARTICLE 2- (1) No any person can be imposed any penalty or applied security measure on for an act which is not regarded explicitly as an offence by the Law. There may not be resolved to any penalty or security measure other than those stipulated by the Law.

(2) No any offence or penalty may be constituted by regulatory transactions of the Administration.

(3) There may not be made analogy in the implementation of the provisions of the Laws containing offence and penalty. The provisions containing offence and penalty, may not be interpreted widely in a way to lead to analogy.

 

Equality principle before justice and law

ARTICLE 3- (1) There shall be resolved to a penalty and security measure upon a person who committed a crime in proportion with the gravity of the act committed.

(2) No any discrimination can be made among the persons and no any person may be bestowed any privilege in respect of their race, language, religion, sect, nationality, colour, sex, political or other opinion or thoughts, philosophical view, national or social origin, economical and other social status in the implementation of the Criminal Code.

 

Binding nature of the Law

ARTICLE 4- (1) Ignorance of the criminal laws shall not be an excuse.

(2) (Repealed paragraph: June 29,2005-5377/1 st Art.)

 

Relationship with special laws

ARTICLE 5- (1) General provisions of this Code, shall also be applied for the offences included in the special criminal laws and other laws containing penalties.

 

Definitions

ARTICLE 6- (1) In the implementation of the criminal laws;

a) The term of "Citizen" shall mean; any person who is a Turkish citizen at the time when he or she has committed the act,

b) The term of "Child" shall mean; any person who has not completed the age of eighteen yet,

c) The term of "Public Official" shall mean; any person who participates in the implementation of public activities through election, appointment or any other means permanently or for a specific or temporary time period,

d) The term of "Those Who Performs Judicial Duty" shall mean; members and judges of the superior courts and the judicial, administrative and military courts and Public prosecutors and attorneys at law,

e) The term of "Night Time" shall mean; the time period which starts one hour after the sunset and continues until one hour before the sunrise,

f) The term of "Weapon" shall mean;

    1. Firearms,

    2. Explosives,

    3. Any kind of cutting, piercing or wounding instrument made in order to be used for attack or defense,

    4. Other things which are suitable to use for attack or defense actually although have not been made for that purpose,

    5. Burning, abbrassive, injuring, suffocating, poisoning substances and those which cause permanent illness such as nuclear, radioactive, chemical and biological substances,

g) The term of "Means of Press and Broadcast" shall mean; any kind of publication made through written, visual, audial and electronic means of mass communication,

h) The term of "Habitual Offender" shall mean; any person who commits the basic type of an intentional offence or qualified forms of that offence which necessitates heavier or less penalty more than twice within one year and at different times,

i) The term of "The Person Who Adopted Committing Crime as a Profession” shall mean; any person who has been used to make his or her living from the earnings that he or she acquired from crime even partially,

j) The term of "Offender Who is an Organization Member" shall mean; anyone who establishes, administrates or participates in an organization of crime or who commits crime on behalf of an organization with others or alone.

 

CHAPTER TWO
Field of Application of the Law

Application in respect of time

ARTICLE 7- (1) There may not be imposed any penalty or applied any security measure on any person because of an act that is not considered as an offence by the law which is effective at the time of commission. There may also not be imposed any penalty or applied any security measure on any person because of an act that is considered as an offence by the law which comes into force after it was committed. If it has been resolved to such a penalty or a security measure, its execution and legal consequences shall be annulled spontaneously.

(2) If provisions of the law which is in force at the time when the offence has been committed and those of the laws which come into force later are different, the laws that are in favour of the perpetrator shall be applied and executed.

(3) (As amended: June 29,2005-5377/2 nd Art.) The provisions related to execution regime, excluding postponement of the imprisonment sentence, conditional release and repetition, shall be applied immediately.

(4) There shall be continued to the application of the laws that are provisional or having a time period related to the offences committed within the period in which they are in force.

 

Application in respect of location

ARTICLE 8- (1) There shall be applied Turkish laws related to the offences that are committed in Turkey. The offence shall be deemed committed in Turkey in case where the act has been committed partially or entirely in Turkey or the consequence is actualised in Turkey.

(2) If the offence is committed;

    a) In the Turkish territorial fields, airspaces and territorial waters,

    b) In open sea and in the space extending above that, and in the Turkish marine and air vessels or by these vessels,

    c) In the Turkish marine and air war vessels or by these vessels,

    d) In the continental shelf of Turkey or in the stationary platforms constructed in its exclusive economical region or against them,

Shall be deemed committed in Turkey.

 

Rendering a judgement in a foreign country

ARTICLE 9- (1) Any person about whom has been rendered a judgement in a foreign country because of an offence which he or she has committed in Turkey, shall be retrialed in Turkey.

 

Offences of duty

ARTICLE 10- (1) Any person who assumed an official job or duty in a foreign country in the name of Turkey and committed an offence in relation to that, shall be retrialed in Turkey even though a judgement of conviction has been rendered in foreign country concerning that act.

 

Offence committed by citizen

ARTICLE 11- (1) In case any Turkish citizen has committed an offence excluding the offences written in the Article 13 in a foreign country which requires an imprisonment that its minimum limit is not less than one year according to the Turkish laws and he or she has been in Turkey, he or she is punished according to the Turkish laws provided that no any judgement rendered in a foreign country about that offence and there may be possible prosecution of that offence in Turkey.

(2) In case where the offence required a penalty of an imprisonment that its minimum limit is lower than one year, the trial depends upon complaint of the one injured or the foreign country. In this situation, the complaint must be made within six months from the date on which the citizen entered into Turkey.

 

Offence committed by foreigner

ARTICLE 12- (1) In case a foreigner has committed an offence to the detriment of Turkey excluding the offences written in the Article 13 in a foreign country which requires an imprisonment that its minimum limit is at least one year according to the Turkish laws and he or she himself/herself has been in Turkey, he or she is punished according to the Turkish laws. However, performing of the trial depends upon request of the Minister of Justice.

(2) In case the offence mentioned in the above paragraph has been committed to the detriment of a Turkish citizen or a legal person of the private law established according to the Turkish laws and the perpetrator has been in Turkey, he or she is punished according to the Turkish laws upon complaint of the one injured by crime provided that no any judgement rendered in a foreign country about that offence.

(3) If the injured is a foreigner, perpetrator is tried upon request of the Minister of Justice in case the following conditions exist;

    a) In case where the offence required a punishment that its minimum limit is not less than three years according to the Turkish Laws;

    b) In case where no any extradition agreement exists or request of extradition is rejected by the government of the country where the offence has been committed or the state which the perpetrator is under the nationality of.

(4) There shall be made trial again for an offence included in the first paragraph upon request of the Minister of Justice about a foreigner who has been convicted, whose conviction dropped, who acquited or whose offence became unprosecutable in a foreign country.

(5) (As amended: June 6,2014-6545/56 th Art.) In cases where included in the first paragraph, performing of the trial because of the offences of bribery and influence peddling does not depend upon request of the Minister of Justice.

 

Other offences

ARTICLE 13- (1) In case the following offences have been committed by a citizen or foreigner in a foreign country; Turkish laws shall be applied;

    a) Offences take place under Part One of Book Two.

    b) Offences take place under Chapter Three, Chapter Four, Chapter Five, Chapter Six, Chapter Seven and Chapter Eight of Part Four.

    c) Torture (Articles 94, 95).

    d) Intentional pollution of the environment (Article 181)

    e) Production and trading of narcotic or stimulant drugs (Article 188), to make easier the use of narcotic or stimulant drugs. (Article 190).

    f) Counterfeiting on money (Article 197), manufacturing and trading of instruments useful to produce money and valuable stamps (Article 200), counterfeiting on seal (Article 202).

    g) Prostitution (Article 227)

    h) (Repealed paragraph:June 26,2009-5918/1 st Art.)

    i) Hijacking or detention of marine, railway or air transportation vessels (Article 223, paragraphs 2 and 3), or endamaging offences committed against these vessels (Article 152).

(2) (Added paragraph: June 29,2005-5377/3 rd Art.) Performing of a trial in Turkey because of the offences included in the first paragraph except ones take place under Chapter Three, Chapter Four, Chapter Five, Chapter Six and Chapter Seven of Part Four of Book Two, depends upon request of the Minister of Justice.

(3) Even though an acquittal or conviction judgement has been rendered in a foreign country because of the offences that are written in subparagraphs (a) and (b) of the first paragraph, there shall be made trial in Turkey upon request of the Minister of Justice.

 

Investigation in optional punishments

ARTICLE 14- (1) In case where stipulated in 11 st and 12 nd Articles, no any investigation or prosecution shall be started if it is regarded in the Article where the offence stipulated in as optional to be applied any one of the imprisonment or judicial fine.

 

Calculation of punishment having condition of investigation

ARTICLE 15- (1) In cases where its quantity constituted a condition of investigation, the sentence shall be calculated by taking into consideration minimum limit of legal aggravating causes and maximum limit of legal mitigating causes alleged in the stage of investigation.

 

Deduction from punishment

ARTICLE 16- (1) No matter where the offence is committed, the period elapsed under detention, observation, arrest or conviction, shall be deducted from the penalty to be given for the same offence in Turkey.

 

Deprivations of rights

ARTICLE 17- (1) In circumstances expressed in the Articles above, in case a judgement rendered by one of foreign courts and not contradicting Turkish legal order required deprivation of a right according to Turkish laws, the court resolves to be valid of its consequences stipulated in Turkish laws upon request of the public prosecutor.

 

Extradition

ARTICLE 18- (1) Any foreigner about whom a criminal investigation or prosecution has been started or rendered conviction judgement because of an offence committed or which alleged to have been committed in a foreign country, upon request, may be extradited for the purpose of investigation or prosecution to be fulfilled or for execution of the punishment imposed. However, if the act which constitute the basis for demand of extradition;

    a) Is not an offence according to Turkish laws,

    b) Is in the nature of a political or a military offence,

    c) Has been committed against the security of the Turkish State, or to the detriment of the State of Turkey, a Turkish citizen or a legal person established according to Turkish laws,

    d) Is within the jurisdiction of the Turkish courts,

    e) Has been barred by time limitation or pardoned,

Demand of extradition shall not be accepted.

(2) A citizen may not be given to a foreign country because of an offence excluding the obligations which being a party to the International Criminal Court required.

(3) The demand of extradition shall not be accepted if there have been strong suspicion reasons that a person will be investigated, prosecuted, punished or exposed to torture or cruel treatment due to his or her race, religion, citizenship, membership to a certain social group or political opinions.

(4) The criminal court of heavy penalties located at the domicile of the person shall give decision about the demand of extradition according to the provisions of this Article and the relevant international agreement which Turkey has been a party of. There may be applied to appellate procedure against that decision.

(5) If the court adjudicates that the demand of extradition is acceptable, it depends upon discretion of the Council of Ministers whether that decision will be executed or not.

(6) There may be decided to be applied protection measures about the person who has been requested to be extradited according to the provisions of the relevant international agreement which Turkey has been a party of.

(7) In case where has been decided that the demand of extradition is acceptable, there may be given a decision for arrest or applied to the other protective measures according the provisions of the Criminal Procedure Code.

(8) In case of extradition, a person may only be tried or his or her punishment adjudicated be executed because of the offences which constitute the basis to the decision of extradition.

 

Taking into consideration of foreign laws

ARTICLE 19- (1) While making trial in Turkey because of the offences committed outside of the area of sovereignty of Turkey, the penalty to be given according to Turkish law, may not be more than the maximum limit of the punishment stipulated in the law of the country where the offence is committed.

(2) However, in case the offence is committed;

    a) Against the security or to the detriment of Turkey,

    b) Against Turkish citizens, or to the detriment of legal persons of private law established according to Turkish laws,

The provision of the paragraph above shall not be applied.

 

PART TWO
Bases of Criminal Responsibility

CHAPTER ONE
Individuality of Criminal Responsibility, Intention and Negligence

Individuality of criminal responsibility

ARTICLE 20- (1) Criminal responsibility is individual. No anyone can be considered responsible from the act of another person.

(2) No any criminal sanction may be imposed on legal persons. However, the sanctions in the nature of security measures stipulated in the law because of the offences are reserved.

 

Intention

ARTICLE 21- (1) Constitution of an offence, depends upon existence of intention. Intention is actualisation of the elements in legal definition of the offence knowingly and willfully.

(2) In case a person commits an act though he or she predicts that the elements in legal definition of the offence to be actualised, there shall be eventual intention. In this case there shall be decided to life imprisonment in the offences which require aggravated life imprisonment and to the imprisonment from twenty years to twenty-five in the offences which require life imprisonment; in other offences basic punishment is abated from one third to one half of it.

 

Negligence

ARTICLE 22- (1) Offences committed by negligence, shall be punished in cases where stipulated expressly in the law.

(2) Negligence is actualisation of an offence without predicting consequence of a conduct stipulated in legal definition of the offence because of contrariety to the responsibility of attention and care.

(3) Although a person has not purposed the consequence that he or she predicted, if the consequence occurred, there shall be conscious negligence; in this case the punishment concerning negligence shall be increased from one third to one half of it.

(4) The penalty to be imposed because of the offence that committed by negligence, is determined according to the fault of the perpetrator.

(5) In the offences committed by negligence by the persons more than one, every person shall be liable for his or her own fault. The punishment of each perpetrator is determined respectively according to the fault of each one.

(6) If the consequence generated by a negligent act caused him or her to become victim in such a degree that it rendered a punishment to be imposed unnecessary any longer exclusively in respect of the perpetrator’s personal or familial situation, there shall not be imposed any penalty; in case of conscious negligence, the penalty to be imposed may be abated from one half to one sixth.

 

Offence aggravated because of its consequence

ARTICLE 23- (1) In case an act caused to formation of a more aggravated or other consequence than intended, he or she must act at least by negligence in respect of that consequence in order a person to be regarded laible because of that.

 

CHAPTER TWO
Reasons Removing or Mitigating Criminal Responsibility

Provision of law and order of superintendent

ARTICLE 24- (1) There shall not be imposed any penalty on a person who executes provision of the law.

(2) Anyone who carries out an order given by a competent authority and that its fulfillment is compulsory as a requirement of duty, shall not be regarded responsible.

(3) An order which its subject constitutes an offence, shall not be fulfilled in any circumstances. Otherwise, the person who fulfills the order and the person gives order shall be responsible.

(4) In cases where inspection of the order in respect of compliance with the laws is prevented by the law, there shall be responsible the person who gives order, from fullfillment of it.

 

Self defense and state of necessity

ARTICLE 25- (1) There shall not be imposed any penalty on a perpetrator because of the acts committed by necessity of repulsing a wrongful attack happened, or it is certainty that its happening or repetition aimed at a right of either him/her or of other person in such a way that in proportion to the attack according to the situation and conditions at that moment.

(2) There shall not be imposed any penalty on a perpetrator because of the acts committed by necessity of escaping himself/herself or other person of a serious and imminent danger aimed at a right of either him/her or of other person that he or she has not caused knowingly and that it is not possible to be protected in any other way and on condition that there has been a proportion between seriousness of danger and the means used and the subject.

 

Exercise of a right and consent of one concerned

ARTICLE 26- (1) No any punishment shall be given to a person exercising his or her right.

(2) There shall not be given any punishment to any person because of an act committed within the scope of the consent of a person that he or she expressed relating to a right which that person may absolutely dispose of.

 

Exceeding of limit

ARTICLE 27- (1) In case where the limit is exceeded without having intention in reasons removing the criminal responsibility, if the act is punished also when committed with negligence, it shall be resolved by abating from one sixth up to one third of the punishment stipulated in the law.

(2) There shall not be given any punishment to the perpetrator if exceeding of limit in self defense resulted from an excusable excitement, fear or haste.

 

Compulsion and violence, intimidation and threat

ARTICLE 28- (1) No punishment shall be imposed on a person who commits an offence as a result of compulsion or violence, or an imminent and serious intimidation or threat that he or she can not resist or escape. In such cases, the person who used compulsion and violence, intimidation and threat, shall be considered as the perpetrator of the offence.

 

Unjust provocation

ARTICLE 29- (1) There shall be given imprisonment from eighteen years to twenty four instead of aggravated life imprisonment and imprisonment of twelve years to eighteen instead of life imprisonment to a person committed an offence under the influence of anger or violent anguish created by a wrongful act. In other cases, it is abated from one fourth up to three thirds of the punishment.

 

Mistake

ARTICLE 30- (1) A person who does not know material elements in legal definition of the offence during execution of the act, shall not be considered acted intentionally. The state of negligent responsibility is reserved due to such mistake.

(2) A person who is mistaken in the matter of that qualified forms of an offence which require heavier or less punishment occured, shall benefit from that mistake of him or her.

(3) A person who falls into mistake inevitably that the conditions concerning removing or mitigating criminal responsibility occured, shall benefit from that mistake of him or her.

(4) (Amended paragraph: June 29,2005-5377/4 th Art.) The person who falls into an inevitable mistake cancerning the act that he or she has committed constituted unjustness, shall not be punished.

 

Being at a low age

Article 31- (1) The children who have not completed their twelfth age at the time on which they committed the act, will not have criminal liability. There may not be conducted prosecution about these individuals; however there may be applied security measures that are specific to children.

(2) (As amended: June 29,2005 – 5377/5 th Art.) In case those who completed the age of twelve but not completed the age of fifteen yet do not have the ability to perceive the legal meaning and consequences of the offence which they committed or do not have the ability to direct their conducts adequately during commission of the offence, they will not have criminal liability. However, there shall be resolved to security measures specific to children about such individuals. In case there existed the ability to perceive the legal meaning and consequences of the act that was committed, if the offence about these individuals was necessitated aggravated life imprisonment, there shall be resolved to imprisonment from twelve years to fifteen years; if necessitated life imprisonment, there shall be resolved to imprisonment from nine years to twelve years. Half of other punishments is reduced and in this case, the imprisonment to be imposed for each offence may not be more than seven years.

(3) If the offence about those who completed the age of fifteen but not completed the age of eighteen yet necessitated aggravated life imprisonment, there shall be resolved to imprisonment from eighteen years to twenty four years; if necessitated life imprisonment, there shall be resolved to imprisonment from twelve years to fifteen years. One third of other punishments is reduced and in this case, the imprisonment to be imposed for each offence may not be more than twelve years.

 

Mental illness

Article 32- (1) There may not be imposed punishment on a person who does not have the ability to perceive the legal meaning and consequences of the offence which he or she committed or whose ability to direct his or her conduct diminished significantly during commission of the offence. However, there shall be applied security measures about such persons.

(2) Though it was not diminished to the extent stated in the first paragraph, any person whose ability to direct his or her conduct was diminished regarding the act he or she committed, there shall be imposed twenty five years imprisonment instead of heavy life imprisonment and twenty years imprisonment instead of life imprisonment. In other cases, the punishment to be imposed, may be reduced so as not to be less than one sixth. The penalty which resolved may be applied as a security measure specific to ones having mental illness, partly or wholly, provided that the period of punishment will remain the same.

 

Deafness and muteness

Article 33- (1) There shall also be applied the provisions of this Code concerning children who did not complete the age of twelve when he or she committed the act, about the deafs and mutes who did not complete the age of fifteen; the provisions concerning the ones who completed the age of twelve but did not complete the age of fifteen, about the deafs and mutes who completed the age of fifteen but did not complete the age of eighteen; the provisions concerning the ones who completed the age of fifteen but did not complete the age of eighteen, about the deafs and mutes who completed the age of eighteen but did not complete the age of twenty one.

 

Temporary causes, being under the effect of narcotic drug or alcohol

Article 34- (1) No punishment shall be imposed on a person who can not perceive the legal meaning and consequences of the act he has committed because of a temporary cause or under the effect of an alcohol or narcotic drug taken involuntarily, or whose ability to direct his conduct concerning this act has decreased significantly.

(2) The provision of the first paragraph shall not be applied to the person who commits an offence under the effect of alcohol or narcotic drugs taken voluntarily.

 

CHAPTER THREE
Attempt to Commit a Crime

Attempt to Commit a Acrime

Article 35- (1) If a person starts to execute an offence directly which he or she intended to commit with convenient actions but can not complete it because of the reasons out of his or her command, he or she will be held responsible from attempt.

(2) In the event of attempt to an offence, the perpetrator shall be punished by imprisonment from thirteen years to twenty years instead of aggravated life imprisonment, from nine years to fifteen years imprisonment instead of life imprisonment, depending on the heaviness of the damage or danger. In all other cases, one fourth to two third of the punishment to be imposed on shall be abated.

 

Voluntary abandonment

Article 36- (1) If the perpetrator voluntarily abandons the actions of execution of an offence or prevents the completion of it or actualization of the consequence, he or she shall not be punished for the criminal attempt; however, if the completed part constituted an offence, he or she shall be punished with the penalty belonged to that offence only.

 

CHAPTER FOUR
Participation to a Crime

Perpetratorship

Article 37- (1) Each one of the perpetrators who jointly performed an act which took place in the legal definition of the offence, shall be responsible as an offender.

(2) Any person who uses another one as an instrument for the commission of an offence shall also be regarded responsible as an offender. The penalty of a person who uses another one who has no capacity of fault as an instrument, shall be increased by one third to one half.

 

Incitement

Article 38- (1) Any person who incites another one to commit an offence shall be punished with the penalty of the offence that was committed.

(2) In the event of incitement to commit a crime by using influence arising from a relationship of lineal kinship, the penalty of one incites shall be increased by one third to one half. In case the children are incited, there shall not be required lineal kinship relationship in order the penalty to be increased according to the provision of this paragraph.

(3) In case the one who incites is not known, there may be resolved to a penalty of imprisonment for a term of twenty to twenty-five years instead of aggravated life imprisonment and to a term of imprisonment from fifteen years to twenty years instead of life imprisonment about the perpetrator and other accomplice of him or her who provided to be appeared who the inciter was. In other cases there may be made deduction at the rate of one-third concerning the penalty to be imposed.

 

Assistance

Article 39- (1) There shall be imposed on a person who assists the commission of an offence, the penalty of imprisonment from fifteen years to twenty years in case the offence committed required aggravated life imprisonment; and the penalty of imprisonment from ten years to fifteen years in case the offence committed required life imprisonment. In other cases half of the penalty is reduced. However, in this case, the penalty to be imposed shall not exceed eight years.

(2) In the following circumstances the person shall be responsible due to the offence as an assistant:

a) To encourage to commit of an offence or reinforce the decision to commit an offence or to promise to assist after the commission of the act.

b) To guide how to commit an offence or to provide the means to be used for the commission of the act.

c) To facilitate the execution of an offence by providing assistance before or during the commission of the offence.

 

Dependency Rule

Article 40- (1) For participation to crime, it is sufficient the existence of an act committed intentionally and unlawfully. Each person participating in the commission of an offence shall be sentenced according to his or her own faulty act, regardless of the personal reasons preventing punishment of the other.

(2) In specific offences, only the person bearing the quality of the special perpetratorship may be the perpetrator. Other persons who participated in the commission of these offences may only be responsible as inciter or assistant.

(3) In order to be regarded responsible from participation to crime, relevant offence must have reached at least to an attempt phase.

 

Voluntary abandonment in the offences committed in participation

Article 41- (1) In the offences committed in participation, only the accomplice who abandoned voluntarily shall benefit from the voluntary abandonment provisions.

(2) In cases where the offence;

a) Has not been committed because of another reason other than the effort which the person who abandoned voluntarily has shown,

b) Has been committed despite all the effort of the person who abandoned voluntarily,

There shall be applied the provisions of voluntary abandonment as well.

 

CHAPTER FIVE
Joinder of Offences

Compound offence

Article 42- (1) The offence which was regarded as a single act because one of it constitutes an element or aggravating reason of the other, is called compound offence. In these offences, the provisions of joinder of offences shall not be applied.

 

Successive offence

Article 43- (1) In case the same offence has been committed against the same person at different times more than once within the scope of execution of a decision to commit a crime, there shall be resolved to a single penalty. However that penalty shall be increased by from one fourth to three fourth. Basic form and the qualified forms of an offence which require more or less punishment, shall be deemed the same offence. (Added sentence: on June 29,2005–5377/6 th Art.) The provisions of this paragraph shall also be applied in the offences of which the victim was not a certain person.

(2) The provisions of the first paragraph shall also be applied in case where the same offence has been committed against more than one person through a single act.

(3) There shall not be applied the provisions of this article in the offences of intentional murder, intentional injury, torture and plundering.

 

Conceptual joinder

Article 44- (1) A person who give rise to constitution of more than one offence that are different through a single act, shall only be punished for the offence which necessitates the heaviest penalty of them.

 

PART THREE
Sanctions

CHAPTER ONE
Penalties

Penalties

Article 45- (1) The penalties that are imposed as sanction in consideration of offences are, imprisonment and judicial fines.

 

Imprisonments

Article 46- (1) Imprisonments are as follows:

a) Aggravated life imprisonment.

b) Life imprisonment.

c) Imprisonment for a specific period.

 

Aggravated life imprisonment

Article 47- (1) Aggravated life imprisonment continues during all the life of the convict and is enforced according to the strict security regime which defined in the law and regulation.

 

Life imprisonment

Article 48- (1) Life imprisonment continues during all the life of the convict.

 

Imprisonment for a specific period

Article 49- (1) Imprisonment for a specific period shall not be less than one month and more than twenty years unless in cases where otherwise prescribed by the law.

(2)Imprisonment of one year or less period that was resolved shall be defined as a short-term imprisonment.

 

Alternative sanctions for short-term imprisonment

Article 50- (1) Short-term imprisonment, according to the personality of the offender, social and economic situation of him or her, repentance that he or she felt during the trial and characteristics in commission of the crime, may be changed into;

    a) A judicial fine,

    b) Eliminating completely by means of restitution in the same way, bringing to the condition before crime has been committed or indemnifying, of the damage which the victim or public has suffered,

    c) Attending to an educational institution, which even provides accommodation when necessary, for at least a term of two years in order to acquire a profession or a craft,

    d) Prohibition of going to certain places or performing certain activities for a period from one-half to the whole of the imprisonment received.

    e) Retaking of the related driving licence or registration certificates, prohibition of performing of a profession or a craft for a period from one-half to the whole of the imprisonment received; in case there has been committed crime by means of abusing the rights and authorities provided by it or against the attention and care necessitated it.

    f) Making employed in a work beneficial to public and on condition that being voluntarily for a period from one-half to the whole of the imprisonment received.

(2) If there has been resolved to imprisonment in cases where it was deemed imprisonment and judicial fine as alternatives in the definition of the offence; this penalty can not be converted into a judicial fine anymore.

(3) On condition that not having been convicted to imprisonment before, the penalty of imprisonment of thirty days or less period imposed or penalty of imprisonment of one year or less period imposed on the persons who have not completed the age of eighteen or have completed the age of sixty five at the date on which they have committed the offence, shall be converted to one of the alternative sanctions written in the first paragraph.

(4) Even though an imprisonment imposed for a negligent offence is long-term, this penalty may be transformed into a judicial fine according to the subparagraph (a) of the first paragraph, on condition that there was other conditions existing. However, this provision shall not be applied in case of conscious negligence.

(5) In practice, the convicton which is principal is the judicial fine or measure converted according to the provisions of this article.

(6) In case where there has not been started to perform requirements of the alternative measure or not continued though it has been started despite the notification made by the Public Prosecutor after the verdict finalized, the court which rendered judgement shall decide execution of the short-term imprisonment partly or wholly and that decision shall be executed immediately. In this case, the provision of the fifth paragraph shall not be applied.

(7) In case the alternative measure decided has not been fulfilled because of the reasons beyond command of convict, the measure shall be changed by the court which imposed it.

 

Postponement of penalty of imprisonment

Article 51- (1) The penalty of imprisonment of a person who has been convicted to two years or a period of less due to a criminal offence he or she committed may be postponed. The upper limit of this period is three years for those who have not completed the age of eighteen or have finished sixty-five years of age at the time on which he or she committed the act. However, in order for the postponement decision to be made it is necessary that;

    a) The person must not have been convicted previously to imprisonment more than three months due to an offence committed intentionally,

    b) There must develop a conviction at the court that he or she will not commit a crime again concerning the repentance he or she has shown during the trial after he or she committed the crime.

(2) Postponement of penalty may be kept bound to the condition of eliminating completely by means of restitution in the same way, bringing to the condition before crime has been committed or indemnifying, of the damage which the victim or public has suffered. In this case, there shall be continued the penalty to be executed in the institution of execution until the condition to be realized. In case the condition has been realized, the convict will be released from the institution of execution immediately by the decision of judge.

(3) A period of supervision shall be defined so as not to be less than one year and more than three years about the convict whose penalty has been postponed. The lower limit of this period may not be less than the punishment period that has been convicted.

(4) Within the period of supervision there may be resolved by the court;

    a) The convict not having a profession or craft to attend to a training program for this purpose,

    b) The convict having a profession or craft to make worked in a public institution or under supervision of another person who performs privately the same profession or craft for a fee.

    c) The convicts who are younger than eighteen years old to attend to an educational institution having also accommodation if necessary in order them to obtain a profession or craft .

(5) The court may appoint a specialist person to guide the convict during the period of supervision. This person give advice to the convict related to him or her to ensure breaking bad habits and leading a good life with a sense of responsibility; he or she makes negotiations by consulting with the authorities of the institution in which he or she is trained or with those who are working with them; gives a report that he or she has drawn up to the judge in quarterly periods related to behaviours, social adaptation and development in sense of responsibility of the convict.

(6) The court may also decide the period of supervision to be passed without having been imposed any obligation or appointed any specialist person, taking into account the personality and social situation of the convict.

(7) In case the convict commits a deliberate offence or insists not to obey to the obligations imposed on him or her within the period of supervision despite the warning of the judge; there will be decided the postponed penalty to be executed partly or completely in the institution of execution.

(8) In case the period of supervision has been spent in accordance with the obligations or good conduct, the penalty shall be deemed executed.

 

Judicial fine

Article 52- (1) Judicial fine is the payment of the amount calculated by means of multiplying the number of full-days determined so as not to be less than five days and not to exceed seven hundred and thirty days in case where there is no any contrary provision in the law by the convict to the State Treasury.

(2) The amount of a judicial fine which is the consideration of a day at least twenty and at most a hundred Turkish Liras, shall be assessed by taking into consideration the economic and other personal conditions of the person.

(3) The number of full days taken as basis in determination of judicial fine and the amount assessed as the consideration of one day shall be shown separately in the decision.

(4) As well as the judge may grant extension to the person to pay judicial fine so as not to be more than one year from the date of the finalization of the judgment, he or she may also decide him or her to pay this penalty in certain installments by taking into his or her economic and personal conditions. The installment period can not exceed two years and the number of installments can not be less than four. In the judgement, there shall be indicated that, in case one of the installments has not been paid in time, the whole of the remaining part will be collected and the judicial fine that was unpaid will be converted into imprisonment.

 

CHAPTER TWO
Security Measures

Rendering deprived of using certain rights

Article 53- (1) A person, as a legal consequence of a conviction of a penalty of imprisonment due to an offence that he or she committed intentionally, shall be made deprived of;

a) From undertaking a public duty with a certain or a temporary period; in this context, from membership of the Grand National Assembly of Turkey or from being employed in all officialdom or services that are granted by the State, province, municipality, village or the institutions or organizations under control and supervision of them and the service of being subject to assignment or selection and subject to assignment or election,

b) From the capacity to elect and to be elected (...),

c) From the right of parental custody; from rendering a service of guardianship or trusteeship,

d) From being the administrator or auditor of foundations, associations, trade unions, corporations, cooperatives and legal entities of political parties,

e) From performing a profession or craft that is subject to the permission of a public institution or a professional institution in the nature of a public institution, as a self-employed person or tradesman, under his or her own responsibility,

(2) The person may not exercise these rights until the execution of the imprisonment on account of the offence that he or she has committed.

(3) The provisions of the paragraphs above shall not be applied in respect of the authorities of parental custody, guardianship and trusteeship of his or her own descendants of the convict whose penalty of imprisonment has been postponed or he or she has been released conditionally. There may be decided not to be applied the deprivation of right which aforesaid in the (e) subparagraph of the first paragraph about the convict whose penalty of imprisonment has been postponed.

(4) The provision of the first paragraph shall not be applied about the persons whose penalty of short- term imprisonment has been postponed or who have not completed their eighteen years of age at the time on which they have committed crime.

(5) In case of conviction to the penalty of imprisonment for the crimes committed by abuse of one of the rights and powers mentioned in the first paragraph, it shall also be decided prohibition of excercising that right and power from one half to one fold of the penalty resolved so as to run after execution In case of conviction due to the crimes committed by means of abusing one of that right and power to judicial fine only, there shall be decided to prohibition of excercising that right and power from one half to one fold of the number of days specified in judgement. The period relatad to prohibition that has been started the execution of after finalization of judgement, shall commence to run from the execution of the penalty completely.

(6) In the case of a conviction from a reckless offence committed due to contrariety to attention and care which required by a certain profession or craft or traffic order, so as not to be less than three months and more than three years, it may be decided to prohibition of performance of that profession or craft or taking of driving licence back. Prohibition and taking back shall come into force with the finalization of the judgement and the period starts to run from the execution of the penalty completely.

 

Confiscation of property

Article 54- (1) There shall be decided to confiscation of the property which has been used in commission of a deliberate crime or assigned for commission of crime or came out from crime on condition that they are not belonged to the third persons who are in good faith. The property which has been prepared in order to be used in commission of crime shall be confiscated in case they have been hazardous in respect of public security, public health and general moral. (Amended sentence: on November 24,2016 - 6763/11 th Art.) In case there has been limited real right which has been established on the property in favour of third persons having good faith, the decision of confiscation shall be rendered on condition that that right is reserved.

(2) In case the property included in the scope of the first paragraph has been annihilated, disposed of, consumed or made its confiscation impossible in any other way; there shall be decided to confiscation of the amount of money as much as that property’s value.

(3) In case where it is appeared that confiscation of the property used in crime would cause to heavier consequences as compared with the crime and would be unjust for this reason, there may not be decided to confiscation of it.

(4) Any property of which production, keeping, usage, transportation, buying and selling has constituted an offence, shall be confiscated.

(5) When only some parts of a thing needed to be confiscated, if division of that part is possible without giving harm the whole, there shall only be decided confiscation of that part.

(6) Concerning a property which it has more than one shareholder, there shall be decided to confiscation of the share of the person who has participated in crime, only.

 

Confiscation of gainings

Article 55- (1) There shall be decided to confiscation of material benefits that have been obtained by commission of an offence or constituted the subject of the offence or provided for commission of the offence and economic earnings which arisen as a result of making gained value or conversion of them. In order to be rendered confiscation decision according to the provision of this paragraph, it is necessary that it can not to be returned the material benefit to the victim of the offence.

(2) In cases where the property and material benefit that is the subject of confiscation cannot be seized or delivered to the authorities, there shall be decided to confiscation of the values constituting consideration of them.

(3) (Addition: on June 26,2009 – 5918/2 nd Art.) In order the property included in the scope of this article to be confiscated, it is necessary that the person who has subsequently obtained it can not benefit from the provisions of the Turkish Civil Code No. 4721 and dated November 22,2001 regarding protection of good faith.

 

Security measures specific to children

Article 56- What are the types of security measures specific to children and in what way they would be applied shall be indicated in the relevant law.

 

Security measures specific to the persons who are mentally ill

Article 57- (1) About a person who is mentally ill at the time on which he or she has committed the offence, there shall be resolved to security measure with the purpose of protection and treatment. Mentally ill persons about whom has been resolved to security measure, shall be taken under protection and treatment in medical institutions having high security.

(2) Mentally ill person about whom has been resolved to security measure may be released by the decision of court or judge upon specification in the report drawn up by the medical board of the institution in which he or she has been accommodated that the dangerousness to society no longer existed or considerably diminished.

(3) There shall be specified in the report of the medical board whether medical control and follow up of the person is necessary or not in respect of security according to the nature of mentall illness and the act committed, if necessary, what the duration and intervals of that would be.

(4) Medical control and follow up shall be provided by the Public Prosecutorship by being these persons sent for period and at intervals specified in the report to medical institutions having technical equipments and competent specialists.

(5) When it has been understood in medical control and follow up that dangerousness of the person with regard to mental illness for community increased, there shall be decided to security measure with the purpose of protection and treatment, by depending upon the report prepared. In this case, the transactions defined in the first and the following paragraphs shall be repeated.

(6) There may also be executed the penalty of imprisonment that has been resolved, as a security measure specific to the persons who are mentally ill partly or wholly by the decision of the court on condition that its duration would be the same, about the person whose ability to direct his or her behaviours diminished related to the act that he or she committed because of his or her illness, upon the board report drawn up in the institution with high security in which he or she has been placed according to the provisions of the first or second paragraph.

(7) There shall be decided the persons committed crime and who are addicted to alcohol, narcotics or stimulant substances, to be taken under treatment in a medical institution that is specific to addicts to alcohol, narcotics or stimulant substances. Treatment of such persons shall continue until they have been recovered from addiction of alcohol, narcotics or stimulant substances. Those persons may be released by the decision of the court or judge upon the report drawn up in this direction by the medical board of the institution in which he or she has been placed.

 

Repetition in offences and specially dangereous offences

Article 58- (1) In case there has been committed a new offence after finalization of judgement rendered because of an offence previously, the provisions of repetition shall be applied. For this, there shall not be necessary that the penalty has been executed.

(2) Provisions of repetition shall not be applied because an offence that has been committed previously about the offences committed after;

    (a) Five years from the date on which that penalty was executed in case of a conviction to a penalty for a term of more than five years,

    (b) Three years from the date on which that penalty was executed in case of a conviction to a penalty of imprisonment for a specific term of less than five years or judicial fine,

Have passed.

(3) In case of repetition, if there has been prescribed penalty of imprisonment and judicial fine alternatively in the article of law related to the following offence, there shall be resolved to penalty of imprisonment.

(4) There shall not be applied repetition provisions between deliberate offences and reckless offences and between mere military offences and other offences. The provisions rendered by the courts of foreign countries shall not be taken as basis for repetition so as to be excluded the offences of deliberate killing, deliberate wounding, plundering, fraud, producing and trading of narcotics and stimulant substances, forgery on money and valuable seal.

(5) There shall not be applied the provisions of repetition due to the offences committed by the persons who have not completed the age of eighteen when he or she has committed the act.

(6) The penalty that has been resolved in case of repetition, shall be executed according to the enforcement regime specific to repeaters. In addition to that, there shall be applied the measure of supervised release after execution of the penalty about repeater.

(7) There shall be stated in the decision of conviction that there will be applied the enforcement regime specific to repeaters and the measure of supervised release after execution of the penalty about convict.

(8) There shall be performed execution of penalty which repeaters have been convicted and application of the measure of supervised release, as indicated by the law.

(9) There shall be resolved the enforcement regime specific to repeaters and measure of supervised release after execution to be applied about habitual criminal, the person who adopted crime as a profession or offender who is a member of organization as well.

 

Deportation

Article 59- (As amended: on March 31,2005 – 5328/1 st Art.)

(1) The situation of a foreigner who has been convicted to imprisonment due to the offence which he or she committed, after he or she benefited from conditional release and in any case execution of his or her penalty has been completed, shall be notified immediately to the Ministry of Interior so as to be made assessment related to the transactions of deportation.

 

Security measures related to legal entities

Article 60- (1) In case where there has been conviction from intentional offences committed on behalf of a legal entity with the participation of organ or representatives of the private law legal entity which operates by depending upon the permission of a public institution and by means of abuse of that power given by that permission, there shall be decided to cancellation of the permission.

(2) The provisions of confiscation shall also be applied related to private law legal entities for the offences committed on behalf of them.

(3) In cases where the application of the provisions of the paragraphs above would cause to appear more serious consequences comparing to the act committed, the judge may not resolve to such measures.

(4) The provisions of this Article shall be applied in circumstances where the law specified additionally.

 

... ...

CHAPTER TWO
Offences Against Physical Integrity

Deliberately injury

ARTICLE 86- (1) Any person who intentionally inflicted pain to another person or caused him or her health or perception capacity deteriorated, is sentenced to imprisonment from one year to three years.

(2) (Added paragraph: March 31,2005 – 5328/4 th Art.) In case the effect of the act of deliberately injury on a person is as slight as to be eliminated by a simple medical intervention, ther shall be resolved to imprisonment from four months to one year or judicial fine, upon complaint of victim.

(3) In case the offence of deliberately injury was committed;

    a) Against ascendants, descendants, spouse or sister or brother,

    b) Against a person in a situation that he or she cannot protect himself with regards to his or her body and spirit,

    c) Because of a public duty which a person fulfills,

    d) By means of abusing the power which a public official holds,

    e) By weapon,

The penalty to be imposed on is increased by one half.

 

... ...

Commission of deliberately injury by a negligent act

ARTICLE 88- (1) In case deliberately injury was committed by a negligent act, the penalty to be imposed may be decreased up to two thirds. In the implemention of this provision, the conditions of commission of deliberate killing by a negligent act shall be taken into consideration.

 

... ...

Bribery

Article 252- (As amended: July 2,2012-6352/87 th Art.)

(1) Any person who provides benefit, directly or through the instrument of intermediaries to a public official or any other person who he or she indicated in order him or her to perform or not to perform a task related to carrying out of his or her duty, shall be sentenced to a punishment of imprisonment from four years to twelve years.

(2) Any poblic official who provides benefit, directly or through the instrument of intermediaries to him/her or any other person who he or she indicated in order him or her to perform or not to perform a task related to carrying out of his or her duty, shall also be sentenced to the punishment specified in the first paragraph.

(3) In case where it was agreed upon a bribe, there shall be resolved to punishment as if the offence were completed.

(4) In the cases where the public official requested a bribe but it was not accepted by the person or the person offered or promised in the matter of providing benefit to the public official but it was not accepted by the public official, the punishment to be imposed on the perpetrator according to the provisions of paragraphs 1 and 2 shall be reduced by half.

(5) Any person who mediates in transmitting of the offer or request to the other party, concluding of the bribery agreement or providing the bribe, shall be punished as a joint perpetrator irrespective of being regarded that he or she was having the capacity of a public official.

(6) Any third person who has been provided with the benefit indirectly in the bribe relationship or the authorized person of any legal entity who accepted the benefit, shall be punished as a joint perpetrator irrespective of being regarded that he or she was having the capacity of a public official.

(7) In case where the person who receives or requests a bribe or came to an agreement on this matter was a person working with a judicial capacity, arbitrator, expert, public notary or a sworn financial advisor, the punishment to be imposed shall be increased by one-third to one-half.

(8) The provisions of this Article shall also be applied to the persons who act in the name of;

    a) Professional organizations in the quality of public institution status,

    b) Companies which were established with the participation of public institutions or professional organizations in the feature of public institution status,

    c) Foundations which carry out their activities within the structure of public institutions or professional organizations in the feature of public institution status,

    d) Associations with public benefit,

    e) Cooperatives,

    f) Joint stock companies open to public,

Irrespective of regarding that they were having the capacity of public official, if provided, offered or promised benefit; requested or accepted by these persons; working as mediator for them; provided benefit to any other person due to this relationship in order them to perform or not to perform a task related to carrying out of their duty.

(9) The provisions of this Article shall also be applied if;

    a) The public officials who are elected or assigned,

    b) The judges, jurors or other officials who work in the international or supranational courts or in the courts of foreign states,

    c) Members of the international or supranational parliaments,

    d) The persons who conduct public activity for a foreign country so as to be included public institutions or public enterprises,

    e) The citizens or foreign arbitrators who were assigned within the framework of arbitration procedure applied for the purpose of solution of a legal dispute,

    f) Officials or representatives of the international or supranational organizations that were established based on an international agreement.

were provided, offered or promised benefit or requested or accepted by them directly or through the instrument of intermediaries for the purpose of performing or not performing of a task related to carrying out of their duty or international commercial transactions or obtaining or maintaining of a job or an unjust benefit.

(10) Though the offence of bribery that falls within the scope of paragraph 9 was committed by a foreigner outside of the country, if to which;

    a) Turkey,

    b) A public institution situated in Turkey,

    c) A private law legal entity which was established according to Turkish laws,

    d) A Turkish citizen,

was a party, or to perform or not to perform a transaction concerning these institutions or persons, there shall be executed investigation and prosecution ex officio against the persons who gived, offered or promised; received, requested bribe, accepted offer or promise of it; worked as a mediator for them, who was provided benefit for him or her because of bribery relationship, in case they were present in Turkey.

 

... ...

Implementation of security measures about legal entities

Article 253- There shall be applied security measures specific to legal entities about legal entities which have been provided an unjust benefit in favour of them by means of committal of the offence of bribery.

 

... ...

Humiliation of the Turkish Nation, the State of Turkish Republic, institutions and organs of the State

Article 301- (As amended: April 30,2008-5759/1 st Art.)

(1) Any person who openly humiliates the Turkish Nation, the State of Turkish Republic, the Turkish Grand National Assembly and judicial bodies of the State is punished by imprisonment from 6 months to 2 years.

(2) Any person who openly humiliates the military or security organization of the State is punished by imprisonment according the provision of the first paragraph.

(3) Expressions of thought made for criticizing shall not constitute a crime.

(4) The prosecution due to this article is subject to the permission of the Minister of Justice.

 
 

TRANSLATION OF OTHER ARTICLES WILL CONTINUE