The Turkish Penal Code (TCK) is the basic law regarding criminal law in Turkey. The first Turkish Penal Code came into force in 1926. Later, with the reform made in 2005, a new Turkish Penal Code was adopted.
The main purpose of the new TCK is to create a modern and democratic criminal law system based on personal rights and freedoms. The Turkish Penal Code, one of the most basic elements of the criminal justice system, shows the acts considered crimes, the penalties and security measures to be applied to them. Thus, the legal security of citizens and the principle of the rule of law are tried to be ensured.
The Turkish Penal Code consists of 3 parts: general, special and final provisions. In general provisions, basic principles, elements of crimes, and reasons affecting criminal liability are regulated. Certain types of crimes are included in special provisions. In the final provisions, other issues such as the execution of sentences are discussed. With such a systematic, TCK draws the basic framework of criminal law.
Let's briefly touch upon the basic concepts in the law:
- Crimes Committed Intentionally: In intentional crimes, the person must know that the elements of the legal definition of the crime will occur and want the crime to occur. For example, in the act of killing someone, the perpetrator is required to act with intent to kill.
- Crimes Committed by Recklessness: In crimes committed by negligence, the person does not foresee the consequences of his action and does not show due care. Injuries and deaths occurring in traffic accidents can be given as examples of this.
- Prison Sentences: Prison sentences are punishments imposed by restricting personal freedom. It means deprivation of one's freedom for a certain period of time.
- Judicial Fines: Judicial fines are the collection of a certain amount from a person's assets by the state. It is calculated on a daily basis and the person's economic situation is taken into account.
- Security measures: Security measures are measures taken to prevent people from committing crimes in the future. It is not for punitive purposes such as imprisonment and judicial fines; for breeding and protection purposes.
- Situations Affecting Criminal Responsibility: Criminal responsibility refers to the conditions necessary for a person to be punished for the crime he committed. Some important situations affecting criminal liability are: Underage, Mental Illness, Unfair Provocation.
- Execution of Sentences: Execution of sentences imposed according to the Turkish Penal Code is carried out in different ways depending on the type of punishment.
Below you will find the full text and article reviews of the Turkish Penal Code No. 5237, popularly known as the TCK.
The Turkish Penal Code (TCK) on this page is shared as it is on the official legislation publication site "mevzuat.gov.tr". Developments leading to changes in the law are followed and this page is updated.
Turkish Penal Code
BOOK ONE: General Provisions
FIRST PART: Basic Principles, Definitions and Application Area
CHAPTER ONE: Basic Principles and Definitions
Purpose of the Criminal Code
Article 1: (1) The purpose of the Criminal Code; to protect individual rights and freedoms, public order and security, the rule of law, public health and the environment, public peace, and to prevent crime. In the law, the basic principles of criminal responsibility and the types of crimes, punishment and security measures are regulated in order to achieve this aim.
The principle of legality in crime and punishment
Article 2: (1) No penalty can be imposed on anyone and no security measures can be applied for an act that is not expressly considered a crime by law. No penalty and security measures other than the penalties and security measures written in the law can be imposed.
(2) No crime or punishment shall be imposed on the regulatory procedures of the administration.
(3) In the implementation of the criminal and criminal provisions of the laws can not be compared. Provisions involving crime and punishment cannot be interpreted broadly, leading to controversy.
Justice and the principle of equality before the law
Article 3: (1) Penalties and security measures commensurate with the gravity of the act committed are imposed on the offender.
(2) In the application of the Criminal Code, no discrimination can be made between persons in terms of race, language, religion, sect, nationality, color, gender, political or other ideas or thoughts, philosophical belief, national or social origin, birth, economic and other social positions, and no one can be discriminated against. privilege is not recognized.
Binding of the law
Article 4: (1) Ignorance of penal laws is not an excuse.
(2) (Repealed paragraph: 29.06.2005 - 5377 SK / Article 1)
Relationship with special laws
Article 5: (1) The general provisions of this Law shall also apply to crimes in special criminal laws and in criminal laws.
Definitions
Article 6: (1) In the application of penal laws;
a) Citizen from the statement; the person who is a Turkish citizen at the time of the actual act,
b) From the expression "child"; person who has not yet turned eighteen years of age,
(c) from the public official; a person who has been appointed to the execution of public activity by appointment or election, or in any way continuously, temporarily or temporarily,
d) From the statement that acts as a judiciary; members of the high courts, judicial and administrative courts and judges, public prosecutors and lawyers,
e) Night time statement; the period of time that begins one hour after the sun sets and lasts for an hour before it is born,
f) from the weapon statement;
1. Firearms,
2. Explosives,
3. All kinds of cutting, piercing or bending tools for attack and defense
4. Other means of attack and defense, even if it is not intended for attack and defense purposes,
5. Burning, corrosive, injuring, suffocating, poisoning, nuclear, radioactive, chemical, biological substances that cause permanent disease,
g) by the press and publication; all kinds of written, visual, audio and electronic mass media,
h. the person who has more than two works within one year and at different times, the basic form of a deliberate crime or the form of his or her qualifying forms that require heavier or less punishment,
i. a person who is accustomed to providing his living, in part, by his earnings from crime,
j) From the phrase "member of the organization guilty"; a person who establishes, manages, joins, or commits a crime on behalf of a criminal organization, with or without others, is understood.
SECTION TWO Application Area of the Law
Application in terms of time
Article 7: (1) No one can be punished or a security measure can be applied for an act that was not considered a crime according to the law in force at the time it was committed. No one can be punished and no security measures can be applied for an act that is not considered a crime according to the law that came into force after it was committed. If such a penalty or security measure has been imposed, its execution and legal consequences will automatically be lifted.
(2) If the law in force at the time when the crime was committed and the provisions of the laws that came into force were different, the law in favor of the offender was enforced and executed.
(3) (Amended clause: 29.06.2005 - 5377 SC / Article 2) Except for those related to postponement of prison sentence, conditional release and repetition; Provisions regarding the enforcement regime are applied immediately.
(4) Provisional or temporary law shall continue to be applied in respect of offenses committed during the period in which they were in force.
Application in terms of location
Article 8: (1) Turkish law for crimes committed in Turkey are applied. Partially or completely upon occurrence of fault in the actual processing result of Turkey in Turkey or processed counted in Turkey.
(2) Crime;
a) Turkish land and airspace and Turkish territorial waters,
b) in the airspace on the open sea and above, in Turkish sea and air vehicles or with these vehicles,
c) Turkish marine and air combat vehicles or with these vehicles,
d) When processed on or against fixed platforms established in Turkey's continental shelf or exclusive economic zone, it shall be deemed to have been processed in Turkey.
Provision in foreign countries
Article 9: (1) A person who has been sentenced in a foreign country for the crime he committed in Turkey shall be tried again in Turkey.
Mission offenses
Article 10: (1) A person who has undertaken a civil service or duty on behalf of Turkey in a foreign country and commits a crime accordingly, shall be tried again in Turkey, even if a sentence of conviction has been rendered in a foreign country regarding this act.
Crime committed by citizens
Article 11: (1) If a Turkish citizen commits a crime in a foreign country, which requires a prison sentence of not less than one year according to Turkish laws, except for the crimes listed in Article 13, and he is in Turkey, if a sentence has not been given in the foreign country for this crime, and are punished according to Turkish law, provided that they are also prosecuted.
(2) When the crime requires a prison sentence of less than one year, the proceedings are subject to the complaint of the injured or foreign government. In this case, complaints, citizens from the date of entry into Turkey must be made within six months.
Crime committed by foreigners
Article 12: (1) Except for the offenses specified in Article 13, a foreigner shall be punished according to Turkish law if he/she commits a crime in a foreign country to the detriment of Turkey and which requires at least one year's imprisonment under Turkish law. The trial is subject to the will of the Minister of Justice.
(2) established according to a Turkish citizen of the offenses referred to in the above paragraph or Turkish laws, processing detriment of the legal person and the perpetrator, if present in Turkey, the perpetrator on the complaint of the injured from the offense with the condition have not been supplied provisions in a foreign country because of this crime will be punished according to Turkish law .
(3) If the victim is a foreigner, the perpetrator shall be tried with the request of the Minister of Justice in the presence of the following conditions:
a) The offense of the offense under Turkish law requires a prison sentence of not less than three years.
b) There is no agreement to return the offenders, or the request to be returned is not accepted by the government of the country in which the crime was committed or the state in which the offender is located.
(4) the first paragraph scope of the crime that foreign court convicted or any reason into why trial or punishment falling or acquitted or the blame upon the request of the Minister of Justice about the foreigner being can be prosecuted retrial is made in Turkey.
(5) (Annex paragraph: 18.06.2014 - 6545 SK / Article 56) In cases falling under the scope of the first paragraph, it is not up to the demand of the Minister of Justice for crimes of bribery and influence trade.
Other crimes
Article 13: (1) In case the following crimes are committed by a citizen or a foreigner in a foreign country, Turkish laws are applied:
a) Second Book, crimes under Part One.
b) The second book, the crimes in the Third, Fourth, Fifth, Sixth, Seventh and Eighth Chapters under Chapter Four.
c) Torture (substance 94, 95).
d) Intentional pollution of the environment (substance 181).
e) Production and trade of drugs or stimulants (substance 188), facilitating the use of drugs or stimulants (substance 190).
f) Counterfeiting money (substance 197), manufacture and trade of instruments for the issuance of money and precious stamps (article 200), forgery of the seal (article 202).
g) Prostitution (substance 227).
h) (Repealed paragraph: 26.06.2009 – 5918 SK/Article 1)
i) The abduction or detention of sea, rail or air transport vehicles (substance 223, paragraph 2, 3) or the offense committed against them (substance 152).
(2) (Annex paragraph: 29.06.2005 - 5377 SK / Article 3) Except for the second book in the Third, Fourth, Fifth, Sixth and Seventh Sections under the Fourth Section; trial for the crimes covered by the first paragraph are made in Turkey depends on the demand of the Minister of Justice.
(3) paragraph (a) and (b) even accused me of writing is thus given the conviction or acquittal in a foreign country, though, made at the request of the Minister of Justice trial in Turkey.
Investigation of electoral penalties
Article 14: (1) In cases specified in Articles 11 and 12, if the application of either prison sentence or a judicial fine is deemed optional in the article of the law regarding the crime subject to investigation, no investigation or prosecution shall be initiated.
Calculation of the penalty for investigation
Article 15: (1) In cases where the amount constitutes a condition for investigation, the penalty is calculated by taking into account the lower limit of the legal aggravating circumstances and the upper limit of the legal mitigating circumstances.
Penalty deduction
Article 16: (1) Regardless of where it was committed, the time spent in detention, observation, detention or conviction in a foreign country is deducted from the penalty to be imposed in Turkey for the same crime.
Rights deprivations
Article 17: (1) In the cases explained in the above articles, the court decides that the results of the Turkish laws shall be valid upon the request of the public prosecutor, if the judgment rendered by foreign courts and which does not contradict the Turkish legal order necessitates a deprivation of right under Turkish law.
Give back
Article 18: (Repealed article: 23.04.2016 - 6706 SK / Article 36)
Consideration of foreign law
Article 19: (1) While making a trial in Turkey for crimes committed outside Turkey's jurisdiction, the penalty to be imposed according to Turkish law cannot be more than the upper limit of the penalty stipulated in the law of the country where the crime was committed.
(2) But the crime;
a) against Turkey's security or to the detriment,
b) In case of processing against a Turkish citizen or to the detriment of a private law legal entity established in accordance with Turkish laws, the provision of the above paragraph shall not be applied.
PART TWO: Fundamentals of Criminal Responsibility
CHAPTER ONE: Personality of Criminal Responsibility, Caste and Negligence
Personality of criminal responsibility
Article 20: (1) Criminal liability is personal. No one can be held responsible for the actions of another.
(2) No criminal sanction can be imposed on legal persons. However, the sanctions imposed as security measures provided for in the law are reserved.
Kast
Article 21: (1) The occurrence of the crime depends on the existence of intent. Caste is the knowing and willful realization of the elements in the legal definition of the crime.
(2) Although the person has foreseen that the elements of the legal definition of the crime can be realized, there is a possible caste if he or she actually does. In this case, a sentence of life imprisonment shall be imposed on life imprisonment for offenses requiring aggravated life imprisonment; in other crimes, the basic penalty is reduced to one-third.
Negligence
Article 22: (1) The acts committed by negligence are punished in cases clearly specified by the law.
(2) Taksir is a non-foreseeable result of an act defined in the statutory definition of the crime.
(3) Although the person does not want the result predicted, there is a conscious installment if the result occurs; In this case, the penalty for the crime is increased by one-third to half.
(4) The perpetrator of the crime of the crime will be determined according to the offender's fault.
(5) In crimes committed by more than one person, everyone is responsible for their own fault. Each perpetrator is determined separately according to the penalty.
(6) No penalty shall be imposed if the result caused by the act of incursion has caused the perpetrator to be the victim in such a way that the perpetrator has become a victim in a personal and family situation; the penalty in the form of conscious taksir can be reduced from one to six.
The consequence of aggravated crime
Article 23: (1) If an act causes a result that is more serious or different than what is intended, in order for the person to be held responsible for this, he must act with negligence at least in terms of this result.
CHAPTER TWO: Reasons for Removing or Reducing Criminal Liability
Provision of the law and order of the supervisor
Article 24: (1) No penalty shall be imposed on anyone who fulfills the provision of the law.
(2) It shall not be responsible for the execution of a mandatory mandate given by a competent authority.
(3) Orders that constitute a criminal offense cannot be fulfilled. Otherwise it is responsible for giving the order.
(4) It is responsible for ordering the execution of the order if it is obstructed by law to inspect its compliance with the law.
Legitimate defense and necessity
Article 25: (1) The perpetrator is not punished for acts committed with the obligation to fight back an unjust attack, which has occurred, which is certain to happen or is certain to happen again, against a right that belongs to him or to another person, in proportion to the attack, according to the situation and conditions at that moment.
(2) To the offender because of the acts committed to a right both to himself or to someone else and not to know why and to save someone else from a heavy and certain danger which cannot be otherwise protected and to be proportional to the severity of the danger and the means and the means used. no penalty.
Use of the right and consent of the person concerned
Article 26: (1) No penalty shall be imposed on anyone who exercises his or her right.
(2) No penalty shall be imposed on the person due to his / her consent in respect of a right that he / she can save on an absolute basis.
Exceeding the limit
Article 27: (1) In the event that the limit is exceeded unintentionally for reasons that abolish criminal responsibility, and if the act is penalized even if it was committed negligently, the penalty written in the law for negligent offense is reduced from one sixth to one third.
(2) If the defense of the frontier in the legitimate defense has aroused excitement, fear or urgency, then the offender is not punished.
Algebra and violence, intimidation and threat
Article 28: (1) No penalty shall be imposed on anyone who commits a crime as a result of force or violence, which he cannot resist or escape from, or as a result of certain and severe intimidation or threat. In such cases, the person who uses force and violence, intimidation and threat is considered the perpetrator of the crime.
Unfair driving
Article 29: (1) A person who commits a crime under the influence of anger or severe pain caused by an unjust act is sentenced to imprisonment from eighteen years to twenty-four years instead of aggravated life imprisonment, and from twelve years to eighteen years instead of life imprisonment. In other cases, one-fourth to three-quarters of the penalty to be imposed is reduced.
Hata
Article 30: (1) A person who does not know the material elements in the legal definition of the crime during the execution of the act does not act deliberately. Due to this error, negligent liability is reserved.
(2) The person who made a mistake about the occurrence of qualified cases requiring a heavier or a lesser punishment will benefit from this error.
(3) A person who has inevitably made a mistake that the conditions for the reasons for abolishing or decreasing criminal liability have taken place would benefit from this error.
(4) (Annex paragraph: 29.06.2005 - 5377 SK / Article 4) The person who made an inevitable mistake regarding the fact that the act he committed was unfair, is not punished.
Age
Article 31: (1) Children who have not completed the age of twelve at the time of committing the act are not criminally liable. Criminal prosecution cannot be made against these persons; however, child-specific safety precautions may apply.
(2) Those who have completed the age of twelve but not completed the age of fifteen at the time of committing the act are not liable if they fail to perceive the legal meaning and consequences of the act or if their ability to direct their behavior is not sufficiently developed. However, child-specific security measures are imposed on these persons. If he has the ability to perceive the legal meaning and consequences of the act he has committed and to direct his behavior in relation to this act, if the crime requires aggravated life imprisonment, from twelve years to fifteen years; if it requires life imprisonment, it is sentenced to imprisonment from nine years to eleven years. Half of the other sentences are reduced and in this case, the prison sentence for each act cannot be more than seven years.
(3) From eighteen years to twenty-four years, if the offense requires aggravated life imprisonment, for persons who have attained the age of fifteen but not yet attained the age of eighteen at the time of committing the act; if it requires life imprisonment, it is sentenced to imprisonment from twelve to fifteen years. One third of the other penalties are reduced and in this case, the prison sentence for each act cannot exceed twelve years.
Mental illness
Article 32: (1) A person who cannot perceive the legal meaning and consequences of the action he / she committed due to a mental illness or whose ability to direct his / her behavior regarding this act is not punished. However, security precautions are imposed on these persons.
(2) Although not written in the first paragraph, the person whose ability to direct his / her behavior has decreased in connection with the act he has committed, twenty-five years imprisonment instead of aggravated life imprisonment and twenty years imprisonment instead of life imprisonment. In other cases, the penalty to be imposed can be reduced to no more than six. The sentence imposed may also be applied, partially or completely, as a security measure specific to mental patients, provided that its duration is the same.
Deaf and mute
Article 33: (1) The provisions of this Law pertaining to children who have not completed the age of twelve at the time of the deed, are applicable to the deaf and dumb who have not completed the age of fifteen; the provisions regarding those who have completed the age of twelve but have not attained the age of fifteen; The provisions regarding those who have completed the age of fifteen but have not completed the age of eighteen shall also apply to the deaf and dumb persons who have attained the age of eighteen but have not attained the age of twenty-one.
Temporary causes, alcohol or drugs
Article 34: (1) A person who cannot perceive the legal meaning and consequences of the act committed for a temporary reason or under the influence of alcohol or drugs taken involuntarily, or whose ability to direct his behavior in relation to this act has significantly decreased, shall not be punished.
(2) The provision of the first paragraph shall not apply to the person who commits an offense or an alcohol act under the influence of drugs.
CHAPTER THREE: Attempt to Crime
Attempted crime
Article 35: (1) If a person starts to execute a crime that he intends to commit directly with appropriate actions and cannot complete it for reasons beyond his control, he is held responsible for the attempt.
(2) In case of attempted crime, the perpetrator is punished with imprisonment from thirteen years to twenty years instead of aggravated life imprisonment, and from nine years to fifteen years instead of life imprisonment, depending on the gravity of the damage or danger. In other cases, one-fourth to three-fourths of the penalty to be imposed is reduced.
Voluntary renunciation
Article 36: (1) If the perpetrator voluntarily abandons the execution actions of the crime or prevents the completion of the crime or the realization of the result with his own efforts, he will not be punished for the attempt; but if the complete part essentially constitutes a crime, it is punished only with the penalty for that crime.
CHAPTER FOUR: Participation in Crime
Agency and
Article 37: (1) Each person who commits the act together in the legal definition of the crime is responsible as the perpetrator.
(2) The person who uses another person as a vehicle in the processing of the crime is also held responsible as a perpetrator. The punishment of the person who uses the defender as a tool for the crime is increased by one third to half.
abetting
Article 38: (1) The person who incites another to commit a crime is punished with the penalty of the crime committed.
(2) In the case of abolition of the offense by the influence of the relation between the upper and lower parts, the punishment of the instigator shall be increased by one-third. In the case of the abolition of the offense by the children, the existence of the relationship of the upper and lower parts is not required in order to increase the punishment according to the provision of this paragraph.
(3) In the event of anonymity, the perpetrator or other accomplice of who may be revealed may be sentenced to imprisonment from fifteen to twenty years instead of life imprisonment from twenty years to twenty-five years instead of aggravated life imprisonment. In other cases, the penalty shall be reduced by one third.
Help
Article 39: (1) Fifteen years to twenty years, if the offense requires aggravated life imprisonment; if it requires life imprisonment, a prison sentence of ten to fifteen years is imposed. In other cases, half of the penalty is reduced. However, the penalty to be imposed in this case cannot exceed eight years.
(2) In the following cases, the person is responsible for the crime of the crime committed:
a) Encouraging or committing a crime or committing the crime.
b) To provide guidance on how to commit the offense or to provide the means for processing the offense.
c) To facilitate the execution of the crime before or during its processing.
Loyalty rule
Article 40: (1) The existence of an intentionally and illegally committed act is sufficient for participation in a crime. Each person who participates in the commission of the crime is punished according to his own faulty act, regardless of the personal reasons that prevent the punishment of the other.
(2) In specific offenses, only the person who has the quality of private agency may be the perpetrator. Other persons involved in the handling of these offenses shall be held responsible or appointed as assistants.
(3) In order to be held accountable for the involvement of the offense, the offense must be at least at the stage of attempt.
Voluntary abandonment in crimes committed in participation
Article 41: (1) In crimes committed with participation, only the accomplice who voluntarily gives up benefits from the provisions of voluntary renunciation.
(2) Your crime;
a) The fact that the volunteer has not been processed for any reason other than the effort of the resignation,
b) In spite of all efforts of voluntary repeal,
In such cases, voluntary waiver provisions are applied.
CHAPTER FIVE: The Crimes of Crimes
Compound crime
Article 42: (1) The crime that is considered a single act because one of them constitutes the element or aggravating reason of the other is called a compound crime. In such crimes, the provisions of the common law do not apply.
Chain crime
Article 43: (1) In the event that the same crime is committed more than once against a person at different times within the scope of the execution of a decision to commit a crime, a penalty is imposed. However, this penalty is increased from one quarter to three quarters. The basic form of a crime and its qualified forms that require more severe or less punishment are considered the same crime. (Additional sentence: 29.06.2005 – 5377 SK/Article 6) The provision of this paragraph is also applied in crimes where the victim is not a specific person.
(2) In the event that the same offense is committed against more than one person with a single act, the provision of the first paragraph shall apply.
(3) The provisions of this article are not applied in cases of deliberate killing, deliberate injury, torture, (…) and looting.
I had the idea
Article 44: (1) A person who causes more than one different crime to occur with an act he has committed is punished for the crime that requires the heaviest penalty.
SECTION THREE: Sanctions
CHAPTER ONE: Penalties
Fines
Article 45: (1) Penalties as sanctions in return for a crime are imprisonment and judicial fines.
Prison sentences
Article 46: (1) The prison sentences are:
a) aggravated life imprisonment.
b) Life imprisonment.
c) Term prison sentence.
Aggravated life imprisonment
Article 47: (1) The sentence of aggravated life imprisonment continues throughout the life of the convict, and is served in accordance with the strict security regime specified in the law and the regulation issued by the President.
Life imprisonment
Article 48: (1) Life imprisonment continues throughout the life of the convict.
Prison sentence
Article 49: (1) The term of imprisonment cannot be less than one month or more than twenty years, unless otherwise stated in the law.
(2) A prison sentence of one year or less is a short term imprisonment.
Short-term imprisonment sanctions
Article 50: (1) A short-term prison sentence, depending on the personality of the offender, his social and economic situation, his remorse during the trial and the characteristics of the commission of the crime;
a) Judicial fines,
(b) To remedy the damage suffered by the victim or the public in the same way as the return, prior to the offense or compensation;
c) To attend an educational institution providing accommodation for at least two years in order to obtain a profession or art;
d) Being banned from going to certain places or doing certain activities for half of the sentence of the sentence,
e) If the crime has been committed by abusing the rights and powers it provides or by violating the obligation of attention and care required; to get back the relevant driver's license and license, and to be banned from doing a certain profession and art for half of the sentence of the sentence,
f) It can be converted into employment in a publicly beneficial job for a period of half to one times the sentenced sentence and on condition that it is voluntary.
(2) In cases where prison sentences and judicial fines are provided as an option in the definition of crime, imprisonment is imposed; this penalty is no longer converted into a judicial fine.
(3) Unless previously sentenced to imprisonment, thirty days and less imprisonment, and one year or less imprisonment for those who have not completed the age of eighteen or have completed the age of sixty-five years of imprisonment, from the option sanctions written in the first paragraph. translated into one.
(4) Even if the prison sentence for negligent crimes is long term; this penalty may be converted into a judicial fine in accordance with subparagraph (a) of the first paragraph, if other conditions exist. However, this provision does not apply in a deliberate negligence.
(5) In practice, the actual conviction is a judicial fine or measure translated according to the provisions of this article.
(6) If, within thirty days after the notification by the public prosecutor, the execution of the requirements of the option has not been initiated or the commencement of the order has not been continued, the court shall decide for the execution of the short-term prison sentence in full or in part, and this decision shall be executed immediately. In this case, the provision of the fifth paragraph shall not apply.
(7) In the event that the option is not exercised due to reasons not held by the convict, the court shall change the measure.
Postponement of imprisonment
Article 51: (1) The sentence of a person sentenced to a prison sentence of two years or less for the crime he has committed may be suspended. The upper limit of this period is three years for persons who did not turn eighteen years old or who completed the age of sixty-five at the time of the act. However, in order for the postponement decision to be made, the person;
a) Not previously sentenced to more than three months' imprisonment for a deliberate crime,
b) After committing the crime, there must be a conviction in the court that he will not commit the crime again due to the remorse he showed during the trial process.
(2) The suspension of the sentence may be subject to the condition that the victim or the public suffered damages must be fully remedied by way of return, prior to the offense or compensation. In this case, the sentence shall continue to be filed at the execution institution until the condition is fulfilled. In case of fulfillment of the condition, the judge shall be released immediately from the executions.
(3) An inspection period shall be determined for the convict whose sentence has been postponed, but not less than one year and more than three years. The lower limit of this period cannot be less than the sentenced time.
(4) During the audit period;
(a) If a professional or non-artisan convict continues his / her education for this purpose,
(b) The employer of a profession or an art shall be employed for a fee under the supervision of a public institution or another person performing the same profession or art in particular;
c) The court may decide that convicts under the age of eighteen should attend an educational institution that also provides accommodation, if necessary, in order to enable them to acquire a profession or art.
(5) The Court may appoint an expert to guide the convict within the audit period. This person advises the convict to get rid of bad habits and ensure a good life with responsibility; consult with the authorities of the institution he / she is studying or the people he / she works before; the reporter's behavior, social cohesion and development of responsibility about the development of a quarterly period of time to report to the judge.
(6) The court may decide on the personality and social status of the convict and may decide to pass the inspection period without any obligation or to appoint a specialist.
(7) In the event that a convicted person commits a deliberate crime during the audit period or insists on obeying the obligations imposed on him, despite the warning of the judge; it is decided to defer the deferred sentence partially or completely in the execution institution.
(8) The penalty shall be deemed to have been executed if the inspection period is in accordance with the obligations or in good condition.
Judicial fines
Article 52: (1) Judicial fine consists of the payment of the amount calculated by multiplying the total number of days determined as less than five days and not more than seven hundred and thirty days in cases where there is no contrary provision in the law, by the amount determined for one day, by the convict to the State Treasury.
(2) The amount of the judicial fine, which is at least one hundred and at most five hundred Turkish Lira, is determined by taking into account the economic and other personal circumstances of the person.
(3) In the decision, the number of full days taken as the basis for determining the judicial fine and the amount appreciated in one day are shown separately.
(4) Considering their economic and personal circumstances, the judge may decide to pay a fine to the person, not more than one year from the date of finalization, or to decide that this penalty be paid in certain installments. The installment period cannot exceed two years and the amount of the installment cannot be less than four. In the decision, it is stated that if one of the installments is not paid on time, the remaining part will be collected and the unpaid judicial fine will be converted to prison.
SECTION TWO: Security Measures
Lacking certain rights
Article 53: (1) The person, as a legal consequence of being sentenced to imprisonment for the crime he has committed intentionally;
a) a permanent, temporary or temporary public duty; In this context, membership of the Grand National Assembly of Turkey or the State, provincial, municipal, village or their agencies and institutions under the control and supervision of all employment in the civil service and the service of being subject to assignment or selection,
b) From the election and election capacity (...),
c) the right to guardianship; custody or trustee service,
d) To be the manager or auditor of the foundations, associations, trade unions, corporations, cooperatives and political parties;
e) He is deprived of performing a profession or art subject to the permission of a public institution or a professional organization in the nature of a public institution, as a self-employed person or a trader under his own responsibility.
(2) The person cannot use these rights until the execution of the sentence he is sentenced for the crime he committed is completed.
(3) The provisions of the above subsections are not applicable in terms of the custody, guardianship and trusteeship powers of the convict whose prison sentence has been suspended or who has been released on probation. It may be decided not to apply the deprivation of rights mentioned in subparagraph (e) of the first paragraph about the convict whose prison sentence has been suspended.
(4) Provisions of the first paragraph shall not apply to persons whose short term imprisonment has been postponed or who have not completed the age of eighteen at the time of actual act.
(5) In case of imprisonment for crimes committed by the misuse of one of the rights and powers listed in the first paragraph, it is also decided to prohibit the use of this right and power up to half one-fold of the sentence imposed to commit after the execution of the sentence. It is decided to prohibit the use of this right and authority for half of the number of days specified in the judgment, only in cases of judicial fines for crimes committed by the abuse of one of these rights and powers. After the finalization of the verdict, the period regarding the prohibition, which is enforced, starts to operate from the full execution of the judicial fine.
(6) In case of condemnation for a negligent crime committed due to a violation of the obligation of attention and care required by a certain profession or art or traffic arrangement, it may be decided to prohibit the execution of this profession or art for no less than three months and for more than three years. With the finalization of the prohibition and withdrawal provision comes into force and the period starts to operate from the full execution of the sentence.
Goods confectionery
Article 54: (1) Provided that they do not belong to bona fide third parties, the property used in the commission of an intentional crime or allocated to the commission of the crime or consisting of the crime shall be confiscated. The goods prepared for use in the commission of the crime are confiscated if they are dangerous in terms of public safety, public health or general morality. (Additional sentence: 24.11.2016 – SK 6763/Article 11) In case of limited real rights established in favor of bona fide third parties, the confiscation decision is made, provided that this right is reserved.
(2) In the event that the goods covered by the first clause are eliminated, disposed, consumed, or confiscated in any other way; it is decided to keep as much money as the value of this item.
(3) Confiscation of the goods used in the crime will result in more severe consequences than the crime and therefore will be unfair, it may not be ruled out.
(4) Production, possession, use, transportation, purchase and sale of articles that constitute a crime, are confiscated.
(5) If only some parts of a thing need to be confiscated, it is only possible to remove this part if it is possible to separate this part without damaging it.
(6) In respect of the goods in which more than one person is a stakeholder, only the share of the person who participates in the crime shall be confiscated.
Gain confiscation
Article 55: (1) It is decided to confiscate the financial benefits obtained by committing the crime or constituting the subject of the crime or provided for the commission of the crime, and the economic gains resulting from their evaluation or conversion. According to the provision of this paragraph, in order for a confiscation decision to be made, the material benefit must not be returned to the victim of the crime.
(2) In cases where confiscated goods or material interests cannot be confiscated or handed over to their authority, the values that constitute the corresponding value shall be determined.
(3) (Annex paragraph: 26.06.2009 - 5918 SK / Article 2) In order for the article included in this article to be confiscated, the person who later acquired the article should not be able to benefit from the provisions of the Turkish Civil Code dated 22/11/2001 and numbered 4721. .
Child-specific safety measures
Article 56: (1) What the safety measures specific to children are and how they will be applied are indicated in the relevant law.
Security measures specific to mental patients
Article 57: (1) A security measure shall be imposed on a person who was mentally ill at the time of the act, for the purpose of protection and treatment. Mentally ill people, who are subject to security measures, are taken under protection and treatment in high-security health institutions.
(2) The mental patient whose security measure has been ruled can be released by a court or judge's decision on the basis of the fact that the report issued by the health board of the institution to which he was placed indicates that the dangers of the community have been eliminated or decreased significantly.
(3) Health board report, according to the nature of the mental illness and the action committed, whether the person's medical control and follow-up is required for safety, if necessary, the duration and intervals are specified.
(4) Medical control and follow-up shall be provided by the Public Prosecutor to the technical facilities of the Public Prosecutor and to the health institution which is the competent specialist.
(5) When medical control and follow-up is understood to increase the danger of the person in terms of mental illness, based on the report prepared, a security measure shall be taken for protection and treatment purposes again. In this case, one and the continuation of the procedures specified in the paragraphs are repeated.
(6) On the board report issued in the high-security healthcare institution where the ability to direct his behavior due to his illness has decreased due to the act he has committed, the prison sentence he has been sentenced to, in part or in whole, with the decision of the court, provided that the duration remains the same. It can also be applied as a specific security measure.
(7) It is decided to treat people who are committing alcohol or drugs or stimulants as safety measures in a health facility specific for alcohol or drug or stimulant addicts. Their treatment continues until they get rid of alcohol or drug or stimulant addiction. These persons may be released by a court or a judge upon the report to be issued by the health board of the institution to which they are located.
Crime recurrence and special dangerous criminals
Article 58: (1) In case a new offense is committed after the verdict given for the previous offense has become final, the recidivism provisions are applied. The penalty need not be executed for this.
(2) Repetition provisions, due to the crime committed in advance;
a) In case of imprisonment for more than five years, five years from the date of execution of this sentence,
b) In case of being sentenced to imprisonment of five years or less or to a judicial fine, it is not applied for crimes committed after three years from the date of execution of this penalty.
(3) In case of repetition, if an optional prison sentence and a judicial fine are envisaged in the article of the next crime, the sentence is sentenced.
(4) Repetitive provisions between intentional and negligent crimes and military crimes and other crimes are not applied. Except for intentional killing, deliberate injury, looting, fraud, manufacturing and trading of drugs or stimulants, and forgery crimes in money or precious stamp; Provisions from foreign courts are not essential for repetition.
(5) The repetition provisions shall not apply to offenses committed by persons who are not at the age of eighteen at the time of their actual operation.
(6) The punishment stipulated in the case of repetition shall be taken according to the repetition regime. In addition, the probationary measure shall be applied after the execution of the sentence for repeating.
(7) In the conviction, it is stated that the execution regime specific for the convicts and the probation measure will be applied after the execution of the sentence.
(8) Execution of the sentence imposed by the repeat and the probation measure shall be implemented as shown in the law.
(9) After the execution of the specific regime of execution and the execution of the punishment, the probation measure shall be imposed on the offender, the offender, or the offender.
Deportation
Article 59: (1) The foreigner who is sentenced to imprisonment for the crime he committed is immediately notified to the Ministry of Internal Affairs to be evaluated regarding his deportation proceedings after he has benefited from conditional release and in any case is executed.
Security measures on legal persons
Article 60: (1) In case of conviction for intentional crimes committed for the benefit of the legal person, with the participation of the organs or representatives of the private law legal entity operating on the basis of the permission granted by a public institution, and by abuse of the authority granted by this permission, the permission shall be cancelled.
(2) Confiscation provisions shall also apply to private law legal entities for offenses committed in their interest.
(3) In cases where the application of the provisions of the above paragraphs may result in more severe consequences than the action, the judge may not rule on these measures.
(4) The provisions of this article shall be applied in cases where the law stipulates.
CHAPTER THREE: Determination and Individualization of Punishment
Determination of penalty
Article 61: (1) The judge, in the concrete case;
a) The way the crime is committed,
b) means used to process the crime,
c) the time and place of the crime,
d) the importance and value of the crime,
e) the severity of the damage or hazard,
f) the weight of the offender's fault based on caste or taxi;
g) The purpose and motive of the offender,
taking into consideration, it determines the basic penalty between the lower and upper limit of the penalty stipulated in the legal definition of the crime committed.
(2) The deduction or increase shall be made on the basis of the penalty determined in accordance with the provisions of the first paragraph, because the offense is committed by means of intentional or deliberate taxation.
(3) Where the matters referred to in the first paragraph constitute the offense, they shall not be taken into consideration in the determination of the basic fine.
(4) In case of more than one qualified case which requires a heavier or less punishment than the basic form of a crime; The basic penalty is done after the boost before the download.
(5) The punishment shall be determined by applying the provisions related to personal reasons which require deduction of undertakings, affiliates, chain crime, unjust provocation, small age, mental illness and punishment, respectively.
(6) Duration of imprisonment is determined by day, month and year. One day, twenty-four hours; one month, thirty days. Year, calculated according to the official calendar. The remainder of one day for imprisonment and one Turkish Lira for judicial fine are not taken into account and these penalties are not executed.
(7) The final penalty determined in accordance with the provisions of this article for an offense requiring a term of imprisonment cannot exceed thirty years.
(8) When calculating the judicial fine, increases and reductions for the determination and individualization of the penalty according to the provisions of this article are made on a daily basis. The judicial fine is calculated by multiplying the determined result day with the amount that the person can pay for one day.
(9) In crimes where a judicial fine is prescribed as an optional penalty, the lower limit of the day unit for this penalty is less than the lower limit of the prison sentence in that crime definition; the upper limit cannot be more than the upper limit of the prison sentence.
(10) The penalties cannot be increased, reduced or altered unless explicitly written in the law.
Reason for discount discounts
Article 62: (1) Life imprisonment instead of aggravated life imprisonment if there are discretionary reasons to mitigate the sentence in favor of the perpetrator; instead of life imprisonment, twenty-five years' imprisonment is imposed. Up to one-sixth of other penalties are reduced.
(2) As a reason for discretionary reduction, the offender's past, social relations, behaviors that show remorse after the act and during the trial, or the possible effects of the punishment on the offender's future may be taken into consideration. However, the offender's formal attitudes and behaviors aimed at influencing the court at the hearing are not taken into account as a reason for discretionary reduction. The reasons for discretionary reduction are indicated with their justifications in the decision.
Deduction
Article 63: (1) All periods spent due to any circumstances that occurred before the verdict became final and resulted in the restriction of personal freedom shall be deducted from the sentence of imprisonment. In the event of a judicial fine, a deduction shall be made from this sentence by counting one day as five hundred Turkish Lira.
CHAPTER FOUR: Lowering Litigation and Punishment
Death of the accused or convict
Article 64: (1) In case of death of the accused, it is decided to dismiss the public case. However, the litigation may be continued regarding the property and material interests subject to confiscation due to their nature, and their confiscation may be judged.
(2) The death of the convict removes imprisonment and judicial fines that have not yet been executed. However, the provision related to confiscation and trial costs, which was finalized before death, is executed.
Af
Article 65: (1) In the event of a general amnesty, the civil lawsuit is dismissed, and the sentenced penalties are abolished with all their consequences.
(2) With special amnesty, the termination of imprisonment in the institution of execution may be terminated or the period to be imposed at the institution of execution may be shortened or converted into a judicial fine.
(3) The deprivation of a criminal offense or an offense stated in the judgment continues to be effective despite special amnesty.
Case timeout
Article 66: (1) Public action, except in cases written otherwise in the law;
a) thirty years for offenses requiring aggravated life imprisonment,
b) twenty-five years for crimes requiring life imprisonment,
c) Twenty years for offenses requiring imprisonment not less than twenty years,
d) fifteen years for crimes requiring more than five years and imprisonment of less than twenty years,
e) For crimes that require imprisonment not more than five years or a judicial fine, eight years shall expire.
(2) About half of these periods are about the age of twelve and those who are over the age of fifteen at the time of the actual transaction; As for the people who have reached the age of fifteen and who have not completed the age of eighteen, the case is reduced by two thirds.
(3) In the determination of the duration of the case limitation, in the case of the evidence in the file, the qualified cases of the offense requiring a heavier punishment shall also be considered.
(4) The determination of the periods in the above paragraphs shall take into account the upper limit of the penalty in the law; The imprisonment in terms of statute of limitations is taken as basis for crimes requiring electoral penalties.
(5) In cases that require retrial for the same act, the statute of limitations for the act starts from the date the court accepts the request in this regard.
(6) The statute of limitations is that the offenses are committed from the day of committing the offense on the offenses in the case of offenses, the day of the last act on offenses, the day of the last offense on the offense of crimes committed and the offense committed against the children or the offenses committed by the persons who have influence and influence on these crimes. start processing from day one.
(7) In cases where the aggravated life or life imprisonment imposed in the Fourth Section of the Second Law of this Law or the penalties requiring more than ten years imprisonment are committed abroad, the statute of limitations shall not be applied.
Stop or stop the time limit for the case
Article 67: (1) In cases where the investigation and prosecution is dependent on the result of a permit or decision or an issue to be resolved in another authority; The statute of limitations for the case shall be suspended until this decision is lifted against the perpetrator of the crime, for whom permission or a decision has been taken or the matter has been resolved, or that he is illegal in accordance with the law.
(2) In relation to a crime;
a) to take or interrogate a suspect or accused in the presence of a prosecutor,
b) The decision to arrest the suspect or one of the defendants,
c) an indictment on the offense,
d) In the event that a conviction is given, even if it is about some of the defendants, the statute of limitations for the case is terminated.
(3) The timeout period begins to be reprocessed when the case timeout is interrupted. In case of more than one reason that interrupts the statute of limitations, the statute of limitation shall begin to be processed again from the date of the cause of the last cut.
(4) In case of interruption, the statute of limitation shall be extended to the maximum of the time specified in the Law in relation to the offense.
Punishment timeout
Article 68: (1) Penalties written in this article are not executed after the following periods: INFORMATION
a) Forty years of aggravated life imprisonment.
b) Thirty years of life imprisonment.
c) Twenty-four years of imprisonment for twenty years or more.
d) twenty years of imprisonment for more than five years.
e) Ten years in prison and fines up to five years.
(2) About half of these periods are about the age of twelve and those who are over the age of fifteen at the time of the actual transaction; For those who have reached the age of fifteen and who have not completed the age of eighteen, the penalty shall not be executed with the passage of two thirds.
(3) The statute of limitation shall not be imposed on aggravated life imprisonment or life imprisonment or imprisonment of more than ten years for crimes committed abroad in the fourth part of the second book of this law.
(4) Provisions containing other types of punishments shall not be executed by the passage of the period for the most severe penalty.
(5) Punishment time limit shall commence on the day when the provision is finalized or any execution of the execution has been interrupted and the period shall be calculated on the basis of the remaining penalty amount.
Penalties and rights deprivations
Article 69: (1) The period of deprivation of rights, which is due to punishment or specified in the provision, continues until the statute of limitations expires.
Confidentiality limitation
Article 70: (1) The confiscation judgment shall not be executed after twenty years have passed from the finalization.
Discontinuation of time limitation
Article 71: (1) Notification by the competent authority to the convict for the execution of the sentence or the arrest of the convict for this purpose shall break the statute of limitations.
(2) If a person convicted of a crime commits a deliberate crime requiring a prison sentence of more than two years, the penalty expires.
Calculation of timeout and implementation
Article 72: (1) The statute of limitations for lawsuits and penalties are determined by the day, month and year calculations. One day, twenty-four hours; a month is thirty days. Year, calculated according to the official calendar.
(2) Litigation and penalty expiration are applied ex officio and suspects, defendants and convicts cannot give up.
Investigation and prosecution of complaints crimes
Article 73: (1) Investigations and prosecutions cannot be carried out if no one complains about the crime of investigation and prosecution related to the complaint within six months.
(2) Provided that the limitation period is not exceeded, this period starts from the day the person entitled to complain knows or learns about the act and the identity of the perpetrator. However, in the case of insult, the investigation and prosecution of which is dependent on the complaint, the period for filing a complaint cannot exceed two years from the date of the act, in any way whatsoever.
(3) If one of the few people who are entitled to complain has a period of six months, the rights of others will not fall.
(4) The prosecution of criminal offenses in the case of a criminal offense, unless the offender has given up the offense of the person who gave up the offense and after the finalization of the verdict does not prevent the execution of the sentence.
(5) Eliminating the complaint about one of the defendants who have committed an offense in the event of inclusion, includes the others.
(6) Unless otherwise stated in the law, the refusal does not affect the defendant who does not accept him.
(7) The fall of the public case, the victim of the crime caused the renunciation of the complaint and gave up his personal rights at the time of the renunciation of the law also can not open the case no longer open the case.
(8) (Abolished)
The effect of the case or the fall of the penalty
Article 74: (1) General amnesty, amnesty and waiver of complaint do not require the recovery of the confiscated items or the judicial fine paid.
(2) Does not affect the case of personal rights opened for the fall of the public case, the withdrawal of goods and the compensation for the damage suffered.
(3) The deduction of penalty does not affect the provisions of personal rights, compensation and trial expenses. However, in case of general amnesty, the costs of proceedings cannot be requested.
prepayment
Article 75: (1) Except for the crimes within the scope of reconciliation, the perpetrator of the crimes requiring only a judicial fine or the upper limit of the prison sentence stipulated in the law does not exceed six months;
a) If the judicial fine is fixed, this amount, if not the lower limit,
b) The amount to be found as the lower limit of the prison sentence, in one hundred Turkish Liras for each day,
c) If a judicial fine is foreseen along with the prison sentence, the lower limit of the judicial fine and the amount to be determined in accordance with subparagraph (b) of this paragraph for the prison sentence,
If the investigation expenses are paid within ten days upon the notification to be made by the Public Prosecutor's Office, no public action will be filed against him. (Attachment 2nd and 3rd sentences: 17.10.2019 - 7188 IP / Article 16) The public prosecutor decides that this amount will be paid in three equal installments with an interval of one month, provided that the perpetrator requests it within ten days. If the installments are not paid on time, the prepayment becomes void and the investigation continues. (Annex 2> 4th sentence: 24.11.2016 - 6763 IP / Article 12) Except for negligent offenses, the perpetrator who commits a crime subject to prepayment within five years from the date of decision that there is no need for prosecution due to prepayment or the dismissal of the public case, in accordance with this paragraph The amount of prepayment to be offered is increased by half.
(2) In the event that the work goes directly to the court in accordance with the provisions of the special law, when the offender pays the amount of money to be determined in accordance with the provisions of the first paragraph on the notification to be made by the judge together with the costs of the trial, the public case falls.
(3) The above paragraph shall also be applied in case the prosecution of a public prosecutor turns into an offense falling within the scope of the article by changing the nature of the acted subject or by initiating a lawsuit without a pre-payment due to the offense under the scope of the article.
(4) In the article of the crime, the amount to be paid in cases where only one person can be applied for a prison sentence or a judicial fine not exceeding six months is determined based on the judicial fine according to the above paragraphs.
(5) The non-opening or elimination of the public lawsuit in accordance with this article shall not affect the provisions concerning the request for personal right, withdrawal of goods and confiscation.
(6) Provisions of this article;
a) In this Law;
1. Failure to fulfill the obligation of assistance or notification (first paragraph of Article 98),
2. Insult (the second paragraph of Article 125, subparagraphs (b) and (c) of the third paragraph and the fourth paragraph),
3. Endangering general security by negligence (article 171),
4. Pollution of the environment by negligence (first paragraph of article 182),
5. Irregular use of special signs and clothing (first paragraph of Article 264),
6. Not reporting the crime (first and second paragraphs of article 278), crimes,
b) The crime in the first paragraph of Article 31 of the Forest Law No. 8 dated 1956/6831/108,
c) The crime in the first sentence of the second paragraph of Article 21 of the Law on the Protection of Cultural and Natural Assets dated 7/1983/2863 and numbered 74,
d) The crime in subparagraph (d) of the first paragraph of Article 4 of the Associations Law dated 11/2004/5253 and numbered 32,
It is also applied in terms of. If the crimes covered by this paragraph are reproduced within five years, the prepayment provisions for the offender are not applied due to the same crime.
(7) Decisions regarding non-prosecution and dismissal decisions made upon payment are recorded in a system specific to them. These records can only be used for the purpose specified in this article, if requested by the public prosecutor, judge or court in connection with an investigation or prosecution.
BOOK TWO: Special Provisions
CHAPTER ONE: International Crimes
CHAPTER ONE: Genocide and Crimes Against Humanity
Genocide
Article 76: (1) The commission of one of the following acts against members of a national, ethnic, racial or religious group with the intent to destroy, in whole or in part, by the execution of a plan, constitutes the crime of genocide:
a) Deliberate killing.
b) Severe harm to the physical or mental integrity of persons.
(c) The group is forced to live in conditions that may result in complete or partial destruction.
d) Taking measures to prevent births within the group.
e) Forcibly transferring children belonging to the group to another group.
(2) The perpetrator of the genocide is given an aggravated life imprisonment. However, in terms of intentional killing and deliberate wounding committed within the scope of genocide, the actual number of victims determined by the number of victims is applied.
(3) Security measures shall also be imposed on legal persons for these crimes.
(4) The statute of limitations does not work for these crimes.
Crimes against humanity
Article 77: (1) The systematic perpetration of the following acts against a part of the society with political, philosophical, racial or religious motives, in line with a plan, constitutes a crime against humanity:
a) Deliberate killing.
b) Deliberate injury.
(c) Torture, torture or enslavement.
d) Deprivation of person's freedom.
e) Subjecting to scientific experiments.
f) Sexual assault, sexual abuse of children.
g) Forced pregnancy.
h) Forcing prostitution.
(2) In the event that the act under sub-paragraph (a) of the first paragraph shall be committed, the offender shall be sentenced to an aggravated life imprisonment; If the acts defined in the other sub-paragraphs are processed, the penalty shall be imposed with imprisonment of not less than eight years. However, in terms of intentional killing and deliberate injury committed under the sub-paragraphs (a) and (b) of the first paragraph, the provisions of the actual conclusions shall be applied by the number of victims identified.
(3) Security measures shall also be imposed on legal persons for these crimes.
(4) The statute of limitations does not work for these crimes.
Organization
Article 78: (1) A person who establishes or manages an organization with the aim of committing the crimes stated in the above articles is punished with imprisonment from ten to fifteen years. Those who become members of these organizations are sentenced to imprisonment from five to ten years.
(2) Security measures shall also be imposed on legal persons for these crimes.
(3) The statute of limitations does not work for these crimes.
CHAPTER TWO: Migrant Smuggling and Human Trafficking
Migrant smuggling
Article 79: (1) In order to obtain material benefit directly or indirectly, through illegal means;
a) to introduce a foreigner into the country or to stay in the country,
b) Allowing Turkish citizens or foreigners to travel abroad,
The person is punished with imprisonment from five to eight years and a judicial fine from one thousand days to ten thousand days. Even if the crime remains at the stage of attempt, it is punished as if it was completed.
(2) The crime, the victims;
a) poses a danger to life,
b) Pretentious treatment,
the penalty to be imposed is increased from half to two thirds.
(3) This crime; If committed by more than one person together, the penalty to be imposed is increased up to half, and if committed within the framework of an organization's activities, the penalty to be imposed is increased from half to one fold.
(4) In the event that this offense is committed within the scope of the activity of a legal entity, the security measures specific to the legal person shall be determined.
Human trafficking
Article 80: (1) Applying threats, coercion, coercion or violence, abuse of influence, deception, or obtaining their consent by taking advantage of the means of control or desperation over persons, in order to force them to work, to have them in service, to have them in prostitution or in bondage, or to have their body parts donated. Anyone who smuggles, takes out of the country, supplies, abducts, transports or transfers from one place to another, or harbors, is sentenced to imprisonment from eight years to twelve years and a judicial fine of up to ten thousand days.
(2) In the event that there are acts committed in the first paragraph and for which the offense has been committed, the victim's consent is invalid.
(3) Penalties given in the first paragraph shall be given to the perpetrator even if none of the vehicle acts have been used in cases where those who are not eighteen years of age can be procured, taken away, taken from one place to another, or referred to or hosted.
(4) Security measures shall also be imposed on legal persons for these crimes.
PART TWO: Crimes Against Persons
CHAPTER ONE: Crimes Against Life
Deliberate killing
Article 81: (1) A person who intentionally kills a person shall be sentenced to life imprisonment.
Qualified cases
Article 82: (1) The crime of willful killing;
a) By designing,
b) Beastly or tormented,
c) using fire, flood, destruction, immersion or bombing or by using nuclear, biological or chemical weapons,
d) Against a descendant or ancestor, or against a spouse, ex-spouse or sibling,
e) against the child or the person who cannot defend himself / herself in terms of body or spirit;
f) Against women,
g) Due to the public office of the person,
h) To conceal a crime, to remove evidence or to facilitate or not to be processed,
i) Out of anger for not being able to commit a crime,
j) With the motive of blood feeding,
k) If it is committed with the motive of custom, the person is punished with aggravated life imprisonment.
Deliberate killing with negligence
Article 83: (1) In order for the person to be held responsible for the result of death that occurred due to not performing a certain executive behavior for which he is liable, the negligence of obligation that caused the formation of this result must be equivalent to the executive behavior.
(2) In order to be considered equivalent to negligence and executive behavior, the person;
a) have legal obligations or a contractual obligation to perform certain executive conduct;
b) to create a dangerous situation in relation to the life of others,
must.
(3) As a basic punishment for the person who caused the death by negligence of a certain obligation, from twenty to twenty-five years instead of aggravated life imprisonment; As such, the penalty may not be discounted.
Suicide
Article 84: (1) A person who incites or encourages another person to commit suicide, strengthens another's decision to commit suicide or assists someone else's suicide in any way, is sentenced to imprisonment from two years to five years.
(2) In the case of suicide, the person shall be sentenced to imprisonment from four to ten years.
(3) Anyone who openly encourages others to commit suicide is punished with imprisonment from three to eight years.
(4) Those who are forced to commit suicide by the use of algebra or threat by the ones who have committed or are not developed to commit suicide are held responsible for the crime of intentional killing.
Murdering
Article 85: (1) A person who negligently causes the death of a person is punished with imprisonment from two to six years.
(2) If the act has caused the death of more than one person or the death of one or more persons or one or more persons, the person shall be sentenced to imprisonment from two years to fifteen years.
CHAPTER TWO: Crimes Against Body Immunity
Intentional wounding
Article 86: (1) A person who deliberately inflicts pain on another's body or causes his health or perception ability to deteriorate is punished with imprisonment from one year to three years.
(2) If the effect of the act of intentional injury on the person is so mild that it can be remedied by a simple medical intervention, upon the complaint of the victim, a sentence of imprisonment from four months to one year or a judicial fine shall be imposed. If the crime is committed against a woman, the lower limit of the sentence cannot be less than six months.
(3) The crime of intentional wounding;
a) Against parent, descendant, spouse, divorced spouse or sibling,
b) against the person who cannot defend himself in body or soul;
c) Due to the public office of the person,
d) the influence of the public servant's influence on abuse;
e) If committed with a weapon, the penalty to be imposed is increased by half, without seeking a complaint.
Aggravated injury due to the result
Article 87: (1) The act of intentional injury, the victim;
a) the continuous weakening of the function of one of the senses or organs,
b) Continuous difficulty in his speech,
c) fixed on your face,
d) a situation that endangers your life,
e) If it is committed against a pregnant woman and causes her child to be born prematurely, the penalty determined according to the above article is increased by one fold. However, the penalty to be imposed cannot be less than three years in cases falling under the first paragraph and five years in cases falling under the third paragraph.
(2) The act of intentional injury, the victim;
a) To enter into a disease or vegetative state that cannot be healed,
b) loss of function of one of the senses or organs,
c) Loss of speech or child-making abilities,
d) to change the face continuously,
e) If it was committed against a pregnant woman and caused the miscarriage of her child, the penalty determined according to the above article is doubled. However, the penalty to be imposed cannot be less than five years in cases falling under the first paragraph and eight years in cases falling under the third paragraph.
(3) In case the deliberate injury causes bone fracture or dislocation in the body, the penalty determined according to the above article is increased up to half, depending on the impact of the fracture or dislocation on life functions.
(4) If death has occurred as a result of intentional injury, it shall be sentenced from eight years up to twelve years in the case of the first paragraph of the above article and in the case of third paragraph it shall be sentenced from twelve to sixteen years imprisonment.
Dealing with intentional injury neglect
Article 88: (1) The penalty to be imposed may be reduced to two-thirds in case of intentional injury committed by negligence. In the implementation of this provision, the conditions regarding the negligent act of willful killing are taken into account.
Injury
Article 89: (1) A person who negligently inflicts pain on another's body or causes his health or perception ability to deteriorate is punished with imprisonment from three months to one year or a judicial fine.
(2) The act of wounding the victim, the victim;
a) the continuous weakening of the function of one of the senses or organs,
b) Bone fracture in the body,
c) Continuous difficulty in his speech,
d) fixed on your face,
e) a situation that endangers his / her life,
f) If it caused the premature birth of a child of a pregnant woman, the penalty determined according to the first paragraph is increased by half.
(3) The act of wounding the victim, the victim;
a) To enter into a disease or vegetative state that cannot be healed,
b) loss of function of one of the senses or organs,
c) Loss of speech or child-making abilities,
d) to change the face continuously,
e) If it caused the abortion of a pregnant woman's child, the penalty determined according to the first paragraph is increased by one fold.
(4) If the act causes more than one person to be injured, a penalty of six months to three years shall be imposed.
(5) The investigation and prosecution of the crime of negligent injury depends on the complaint. However, with the exception of injury within the scope of the first paragraph, a complaint is not sought if the crime is committed with deliberate negligence.
Experiment on human
Article 90: (1) A person who conducts a scientific experiment on humans is punished with imprisonment from one year to three years.
(2) In order for the scientific experiment based on human beings do not require criminal responsibility;
a) The necessary permission has been obtained from the competent board or authorities regarding the experiment,
b) The experiment should be carried out primarily in a non-human test environment or on a sufficient number of animals,
c) The scientific data obtained as a result of the experiments carried out in a non-human test environment or on animals, require that these be done on human beings in order to reach the desired goal,
d) The experiment does not have a predictable harmful and lasting effect on human health,
(e) The use of painful methods not compatible with human dignity during the trial,
f) The aim of the experiment is to overwhelm the burden on the person and the danger over the health of the person,
g) The informed consent, based on sufficient information about the nature and results of the experiment, must be in writing and must not be dependent on the provision of any benefit.
(3) In addition to the conditions sought in the second paragraph so that scientific experiments on children do not require criminal responsibility;
a) The scientific data obtained as a result of the experiments made necessitated to be done on children in order to reach the desired goal,
b) The consent of the child who has the ability to explain consent, as well as the written consent of the parent or guardian,
c) There must be a child health and diseases specialist in the authorized boards that will give permission for the experiment.
(4) The person who tries to be treated without consent on the person who is the patient is punished with imprisonment up to one year. However, upon the understanding that the application of the known medical intervention methods will not yield results, it does not require trial and punishment responsibility for the treatment according to the consent-based scientific methods. The consent described should be written on the basis of adequate information about the nature and outcome of the trial and the treatment should be carried out by a qualified physician in a hospital setting.
(5) In the event of injury or death of the victim as a result of the crime described in paragraph 1, the provisions of the offense of intentional injury or intentional killing shall apply.
(6) If the offenses defined in this article are processed within the framework of the activity of a legal entity, the security measures specific to the legal person shall be determined.
Organ or tissue trade
Article 91: (1) Anyone who takes an organ from a person without legally valid consent is sentenced to imprisonment from five to nine years. If the subject of the crime is tissue, a sentence of imprisonment from two to five years is imposed.
(2) Unlawfully, anyone who receives organs or tissue from the dead is punished by imprisonment for up to one year.
(3) About the person who buys, sells, or sells organs or tissues, the penalties specified in the first paragraph shall be imposed.
(4) If the crimes defined in paragraphs one and three are committed within the framework of the activity of an organization, they are sentenced to eight to fifteen years in prison and a judicial fine up to ten thousand days.
(5) Persons who store, transmit or vaccinate the organ or tissue obtained by unlawful means shall be sentenced to imprisonment from two to five years.
(6) A person who advertises, or advertises or publishes for the supply of organs or tissues for a particular interest, shall be sentenced to imprisonment of up to one year.
(7) If the offenses defined in this article are processed within the framework of the activity of a legal entity, the security measures specific to the legal person shall be determined.
(8) In the event that the victim is killed as a result of the crime described in the first paragraph, the provisions for the intentional killing offense shall be applied.
Necessity
Article 92: (1) Considering the social and economic conditions of the person selling his organs or tissues, the punishment to be imposed on him may be reduced or the punishment may be waived.
Effective regret
Article 93: (1) If the person selling his organs or tissues facilitates the arrest of the criminals by informing the authorities of the situation before being informed by the official authorities, no penalty shall be imposed on him.
(2) Once this crime has been received, the person who sells his organs or tissues voluntarily helps and assists in the occurrence of crime and the capture of other criminals; the penalty shall be reduced by one-half to one half according to the nature of the aid.
CHAPTER THREE: Torture and Torment
Torture
Article 94: (1) A public official who commits acts against a person that are incompatible with human dignity and that cause physical or mental suffering, affect the ability to perceive or will, or cause humiliation shall be sentenced to imprisonment from three to twelve years. If the crime is committed against a woman, the lower limit of the sentence cannot be less than five years.
(2) Your crime;
a) against the person or the pregnant woman who cannot defend himself / herself in terms of body or soul,
b) for the duty to the lawyer or other public official;
If committed, he is sentenced to imprisonment from eight to fifteen years.
(3) In the event that the act is sexually harassed, a sentence of ten to fifteen years shall be imposed.
(4) Other persons who participate in the processing of this crime are punished as public officials.
(5) If the offense is committed with negligence, the penalty shall not be reduced.
(6) The statute of limitations does not apply for this crime.
Due to the result of heavy torture
Article 95: (1) The acts of torture, the victim;
a) the continuous weakening of the function of one of the senses or organs,
b) Continuous difficulty in his speech,
c) fixed on your face,
d) a situation that endangers your life,
e) If it is committed against a pregnant woman and causes her child to be born prematurely, the penalty determined according to the above article is increased by half.
(2) The acts of torture, the victim;
a) To enter into a disease or vegetative state that cannot be healed,
b) loss of function of one of the senses or organs,
c) Loss of speech or child-making abilities,
d) to change the face continuously,
e) If it was committed against a pregnant woman and caused the miscarriage of her child, the penalty determined according to the above article is increased by one fold.
(3) If the acts of torture cause bone fracture in the body, the life of the fracture will be sentenced to imprisonment from eight years to fifteen years.
(4) If death has occurred as a result of torture, he will be sentenced to aggravated life imprisonment.
Grind
Article 96: (1) A person who commits acts that cause suffering to another person shall be sentenced to imprisonment from two to five years. If the crime is committed against a woman, the lower limit of the sentence shall not be less than two years and six months.
(2) Verbs covered by the above paragraph;
a) against the person or the pregnant woman who cannot defend himself / herself in terms of body or soul,
b) If the crime is committed against an ancestor or descendant, father or mother, or spouse or divorced spouse, the person shall be sentenced to imprisonment from three to eight years.
SECTION FOUR: Protection, Surveillance, Help or Violation of Notification Obligation
Abandonment
Article 97: (1) A person who abandons a person who is unable to manage himself due to his age or illness and is therefore under the obligation of protection and supervision, is sentenced to imprisonment from three months to two years.
(2) If the victim has suffered a disease, has been injured or died due to the abandonment, the penalty shall be imposed according to the criminal provisions which have been aggravated by the consequences.
Failure to fulfill the obligation of assistance or notification
Article 98: (1) A person who does not help a person who is unable to manage himself due to his age, illness or injury or for any other reason to the extent permitted by the circumstances, or who does not immediately report the situation to the relevant authorities, is sentenced to imprisonment of up to one year or a judicial fine.
(2) If the person dies due to failure to fulfill the obligation of help or notification, he shall be sentenced to imprisonment from one year to three years.
CHAPTER FIVE: Child Drop, Drop or Neuter
Child dropping
Article 99: (1) Anyone who causes abortion by a woman without her consent is punished with imprisonment from five years to ten years.
(2) Although there is no medical obligation, even if it is based on consent, the person who drops the child of a woman whose gestation period is more than ten weeks is punished with imprisonment from two years to four years. In this case, up to a year in prison or a judicial fine is imposed on the woman who consents her child to be dropped.
(3) If the written act in the first paragraph has caused the woman to suffer a loss of body or mental health, the person shall be sentenced to imprisonment from six to twelve years; If the offense causes the woman's death, a sentence of fifteen to twenty years shall be imposed.
(4) If the written verb in the second paragraph has caused the woman to suffer a loss of body or mental health, the person shall be sentenced to imprisonment for a term of three to six years; If the offense causes her death, she will be sentenced to imprisonment from four to eight years.
(5) If the child of a woman whose pregnancy has not completed ten weeks is reduced by an unauthorized person even if it is based on consent; up to four years imprisonment shall be imposed. If the other acts defined in the above paragraphs are committed by an unauthorized person, the penalty to be imposed in accordance with these paragraphs shall be increased by half.
(6) In the event that a woman becomes pregnant as a result of a crime, the termination of pregnancy shall not be punished, provided that she is not more than twenty weeks and has the consent of the woman. However, it is necessary to terminate the pregnancy in the hospital environment by specialist physicians.
Miscarriage
Article 100: (1) If a woman with a gestational age of more than ten weeks voluntarily aborts her child, she is sentenced to imprisonment of up to one year or a judicial fine.
Sterilization
Article 101: (1) Anyone who sterilizes a man or woman without his consent is punished with imprisonment from three years to six years. If the act is committed by a person who is not authorized to perform sterilization, the penalty is increased by one third.
(2) If the act of sterilization is committed by an unauthorized person, even if it is based on consent, a sentence of one to three years shall be imposed.
CHAPTER SIX: Crimes Against Sexual Immunity
Sexual assault
Article 102: (1) Any person who violates someone's body immunity through sexual behavior is punished with imprisonment from five to ten years upon the complaint of the victim. If sexual behavior remains at the level of molestation, two to five years' imprisonment is imposed.
(2) In the event that the act is carried out by inserting an organ or other body into the body, it is sentenced to imprisonment not less than twelve years. If this act is committed against the spouse, the investigation and prosecution depends on the victim's complaint.
(3) Your crime;
a) against the person who cannot defend himself / herself in terms of body or soul,
(b) Abuse of influence of public office, guardianship or service relationship,
c) Against a person who is in the relationship of blood or beech relatives, including third degree, or by stepfather, stepmother, stepbrother, adoptive or adopted child,
d) Together with a weapon or by more than one person,
e) If it is committed by taking advantage of the facilities provided by the environments in which people are obliged to live together collectively, the penalties given according to the above paragraphs are increased by half.
(4) In cases where algebra and violence resorted to sexual assault cause intensive consequences of deliberate injury crime, provisions related to deliberate injury crime are also applied.
(5) In the event that the victim enters herbal life or dies as a result of the crime, an aggravated life sentence is imposed.
Sexual abuse of children
Article 103: (1) A person who sexually abuses a child is punished with imprisonment from eight to fifteen years. If sexual abuse remains at the level of harassment, it is sentenced to imprisonment from three to eight years. If the victim has not completed the age of twelve, the penalty cannot be less than ten years in case of abuse and five years in case of molestation. In the event that the perpetrator of the crime, which has remained at the level of harassment, is a child, investigation and prosecution depends on the complaint of the victim, parent or guardian. From the term sexual abuse;
a) Any sexual behavior against children who have not completed or completed the age of 15 and whose ability to perceive the legal meaning and consequences of the action has not been improved.
b) Sexual behavior against other children based only on coercion, threat, cheating or any other reason affecting the will is understood.
(2) If sexual abuse is committed by inserting an organ or other object into the body, a prison sentence of not less than sixteen years is imposed. If the victim has not completed the age of twelve, the penalty to be imposed cannot be less than eighteen years.
(3) Your crime;
a) Together by more than one person,
b) By taking advantage of the convenience provided by the environments in which people are required to live together collectively,
c) Against a person who is in the relationship of blood or beech relatives, including third degree, or by stepfather, stepmother, stepbrother or adopter,
d) Guardian, trainer, instructor, caregiver, foster family or health care provider or by persons with protection, care or supervision obligation,
e) In case of abuse of influence provided by public office or service relationship, the penalty to be imposed according to the above paragraphs is increased by half.
(4) If sexual abuse is carried out by force or threat against children in paragraph (a) of the first paragraph or by using weapons against children in paragraph (b), the penalty to be imposed according to the above paragraphs is increased by half.
(5) If the algebra and violence resorted to sexual abuse cause deliberate injuries, intentional injuries are also enforced.
(6) In the event that the victim enters herbal life or dies as a result of the crime, an aggravated life sentence is imposed.
Sexual intercourse with underage
Article 104: (1) A person who has sexual intercourse with a child who has completed the age of fifteen without using force, threat or cheating is sentenced to imprisonment from two to five years, upon complaint.
(2) If the crime is committed by the person who is prohibited from marrying with the victim, he is sentenced to imprisonment from ten to fifteen years without seeking a complaint.
(3) If the offense is committed by the person who undertakes the pre-adoption care of the child to be adopted or who has the obligation to protect, care and supervise within the framework of the foster family relationship, the penalty is imposed according to the second paragraph without seeking a complaint.
Sexual harassment
Article 105: (1) A person who sexually harasses a person is sentenced to imprisonment from three months to two years or to a judicial fine upon the complaint of the victim, and to imprisonment from six months to three years if the act is committed against a child.
(2) Your crime;
a) Benefiting from the convenience provided by the public duty or service relationship or the inter-family relationship,
b) Persons with a guardian, trainer, instructor, caregiver, foster family or health care or who have a duty of protection, care or supervision,
c) Benefiting from the convenience of working in the same workplace,
d) by taking advantage of the convenience provided by postal or electronic means of communication;
e) If it is committed by exposure, the penalty to be imposed according to the above paragraph is increased by half. The victim due to this act; If he had to quit his job, leave school or his family, the penalty to be imposed cannot be less than one year.
CHAPTER SEVEN: Crimes Against Liberty
Threatening
Madde 106 – (1) A person who threatens another person by mentioning that he/she will commit an attack on his/her life, physical or sexual integrity or that of his/her relative shall be sentenced to imprisonment from six months to two years. If this crime is committed against a woman, the lower limit of the sentence shall not be less than nine months. If the person threatens that he/she will cause great damage to his/her property or do another evil, upon the complaint of the victim, he/she shall be sentenced to imprisonment for up to six months or a judicial fine.
(2) Threat;
a) With a weapon,
b) by an unsigned letter or by special signs by making the person unrecognizable,
c) Together by more than one person,
d) The perpetrator is sentenced to imprisonment from two to five years, in case of committing it by taking advantage of the frightening power created by the existing or presumed criminal organizations.
(3) In the case of intentional killing, intentional injury or damage to property, the offense shall be punished for the offense.
Blackmail
Article 107: (1) A person who compels a person to do or not to do something that is illegal or not obliged to do something or not to do something that he is right or obliged to do, or to gain unfair advantage, is sentenced to imprisonment from one year to three years and a judicial fine up to five thousand days. .
(2) If a person threatens to disclose or impute matters that will harm the honor or dignity of a person in order to benefit himself or someone else, a penalty is imposed in accordance with the first paragraph.
Algebra
Article 108: (1) If force is used against a person to do or not do something or to allow him to do something, the penalty to be imposed on the crime of willful injury is increased from one third to half.
Depriving the person of freedom
Article 109: (1) A person who deprives a person of his freedom to go or stay in a place unlawfully is sentenced to imprisonment from one year to five years.
(2) A person shall be sentenced to imprisonment for two years to seven years if he / she uses an algebra, threat or deceit in order to process the deed or when it is committed.
(3) This crime;
a) With a weapon,
b) Together by more than one person,
c) Due to the public office of the person,
d) The influence of the influence of public office
e) Against the ascendants, descendants or spouse or divorced spouse,
f) If committed against a child or a person who is unable to defend himself in terms of body or spirit, the penalty to be imposed according to the above paragraphs is increased by one.
(4) In the event that this crime causes a significant economic loss of the victim, a judicial fine up to a thousand days will also be imposed.
(5) If the offense is committed for sexual purposes, the penalties to be imposed in accordance with the above paragraphs shall be increased by half.
(6) In the case of the aggravation of the offense caused by the intent of the offense or during the processing of this offense, the provisions for the offense of intentional injury shall also apply.
Effective regret
Article 110: (1) If the person who committed the crime defined in the above article releases the victim in a safe place without causing any harm to the victim, before the investigation is started, the sentence is reduced by up to two thirds.
Implementation of security measures about legal entities
Article 111: (1) Security measures specific to those legal entities whose benefits are provided unfairly as a result of the commission of threats, blackmail, coercion or deprivation of liberty shall be subject to security measures specific to them.
Blocking the right to education and training
Article 112: (1) Using algebra or threat or other unlawful behavior;
a) All kinds of education and training activities established by the State or on the basis of the permission of public authorities,
b) Use the right to education and training of the person,
c) Entering or staying in the buildings where the students sit in their collective capacity or their additions,
In case of obstruction, the perpetrator is sentenced to imprisonment from two to five years.
Prevention of the right to benefit from public services
Article 113: (1) Using algebra or threat or other unlawful behavior;
a) the execution of a public activity;
b) In case of obstruction to the use of services provided by public institutions or professional organizations in the nature of public institutions or based on the permission given by public authorities, the perpetrator is sentenced to imprisonment from two years to five years.
(2) If the subject of the crime is health care, the penalty shall be increased by one sixth.
Preventing the exercise of political rights
Article 114: (1) Against a person;
a) to become a member of a political party or not, to participate in or not participate in the activities of the political party, to leave the political party or to leave the office of the political party,
b) A person who uses force or threat to force him not to be a candidate for a public office, or to resign from the office he has been elected for, is sentenced to imprisonment from one year to three years.
(2) In the event that the activities of a political party are prevented by means of algebra or threat, or by unlawful conduct, it shall be sentenced to imprisonment from two to five years.
Prevention of freedom of belief, opinion and opinion
Article 115: (1) A person who forces a person to reveal or change his religious, political, social, philosophical beliefs, thoughts and convictions by using force or threat, or prevents them from revealing or spreading them, is sentenced to imprisonment from one year to three years.
(2) If the fulfillment of religious belief or the individual or collective performance of religious worship or rites is prevented by using force or threat or by any other unlawful behavior, the perpetrator is punished in accordance with the first paragraph.
(3) A person who interferes with a person's lifestyle choices stemming from his beliefs, thoughts or convictions or forces them to change them by using force or threat or by any other unlawful behavior is punished in accordance with the provisions of the first paragraph.
Violation of housing immunity
Article 116: (1) A person who enters a person's residence or its annexes against his will or does not leave after entering with his consent, is sentenced to imprisonment from six months to two years, upon the complaint of the victim.
(2) If the acts within the scope of the first paragraph are committed against the workplaces and their annexes outside the places where it is customary to be entered without the need for an explicit consent, a penalty of imprisonment from six months to one year or a judicial fine is imposed upon the complaint of the victim.
(3) In case of joint use of family members or residence or workplace by more than one person in a marriage union, if one of these persons consents, the provisions of the above paragraphs shall not apply. However, for this, the declaration of consent must be for a legitimate purpose.
(4) The sentence shall be sentenced to imprisonment of one to three years in the event of an act of algebra or threat, or at night.
Violation of work and work freedom
Article 117: (1) A person who violates the freedom of work and work by using force or threat or by any other unlawful act is sentenced to imprisonment from six months to two years or a judicial fine, upon the complaint of the victim.
(2) Six months to three years in prison for exploiting his helplessness, loneliness, and loyalty, or who subordinates the person or persons to work or accommodation conditions that are free of charge or openly disproportionately low to the service they provide, or subject the person in this situation to conditions of work and accommodation incompatible with human dignity. or a judicial fine not less than a hundred days.
(3) The same penalty shall be imposed on the person who is supplying or dispatching or transferring the person from one place to another in order to reduce the conditions mentioned in the above paragraph.
(4) A person who is guilty of an imprisonment of between six months to three months shall be sentenced by an employee or employer to reduce or reduce the wages or to accept agreements under other conditions than those previously accepted, or to a person who has terminated, terminated, or continued to stop.
Prevention of trade union rights
Article 118: (1) Any person who uses force or threat against a person to force him to join or not join a union, to join the union's activities or to leave his position in the union or the management of the union, is sentenced to imprisonment from six months to two years.
(2) In the event that the activities of a union are prevented by using algebra or threat or by any other act which is unlawful, a prison sentence of one to three years shall be imposed.
Common provision
Article 119: (1) Crimes of preventing education and training, preventing the activities of public institutions or professional organizations in the nature of public institutions, preventing the use of political rights, preventing the use of freedom of belief, thought and opinion, violation of the immunity of residence and violation of freedom of work and work;
a) With a weapon,
b) by an unsigned letter or by special signs by making the person unrecognizable,
c) Together by more than one person,
d) By utilizing the frightening power created by existing or existing criminal organizations,
e) In case of abuse of influence provided by public office, the penalty to be imposed is increased by one fold.
(2) In the event that these offenses are aggravated by the consequence of the offense of intentional injury, the provisions of the offense of intentional injury shall also apply.
Unfair search
Article 120: (1) A public official who unlawfully searches a person's clothes or belongings is sentenced to imprisonment from three months to one year.
Prevention of the use of petition
Article 121: (1) If a person's petition to the competent public authorities to exercise a certain right is not accepted without a legal reason, the offender is sentenced to imprisonment up to six months.
Hate and discrimination
Article 122: (1) Because of language, race, nationality, color, gender, disability, political thought, philosophical belief, religious or sectarian hatred;
a) Sale, transfer or lease of a movable or immovable property to the public;
b) To benefit from a certain service provided to the public by a person,
c) recruitment of a person,
d) Anyone who prevents a person from performing an ordinary economic activity is sentenced to imprisonment from one year to three years.
Breaking the peace and tranquility of people
Article 123: (1) Insisting on a person just to disturb his peace and tranquility; In case of phone calls, noise or other unlawful act for the same purpose, the perpetrator is sentenced to imprisonment from three months to one year upon the complaint of the victim.
Persistent pursuit
ARTICLE 123 / A – (1) A perpetrator who persistently causes serious distress to a person or causes them to fear for their safety or the safety of a relative by physically following them or by trying to establish contact using communication tools, information systems or third parties shall be sentenced to imprisonment from six months to two years.
(2) Your crime;
a) It is committed against a child or a spouse from whom a separation decision has been made or who is divorced,
b) Causing the victim to change his/her school, workplace, residence or to quit his/her school or job,
c) If the offence is committed by a perpetrator who has been ordered to be banned or to not approach his/her home, school or workplace, the perpetrator will be sentenced to imprisonment from one to three years.
(3) Investigation and prosecution of the crime regulated in this article depends on a complaint.
Prevention of communication
Article 124: (1) In the event that communication between persons is unlawfully prevented, a penalty of imprisonment from six months to two years or a judicial fine is imposed.
(2) Persons who illegally block communication between public institutions shall be sentenced to imprisonment from one to five years.
(3) In the event of unlawful prohibition of the publication of all kinds of media and press, punishment shall be imposed in accordance with the provisions of the second paragraph.
CHAPTER EIGHT: Crimes Against Honor
Insult
Article 125: (1) A person who attributes a concrete act or fact that may offend another person's honor, dignity and prestige, or who attacks another person's honor, honor and dignity by cursing, is sentenced to imprisonment from three months to two years or a judicial fine. In order for the insult to be punished in the absence of the victim, the act must be committed with at least three people.
(2) In the event that the act is handled by a voice-over, written or video message, the punishment referred to in the above paragraph shall be imposed.
(3) Defamation offense;
a) For his / her duty against the public official,
(b) For religious, political, social, philosophical beliefs, opinions, opinions, opinions and opinions, and for the acts and prohibitions of the religion they belong to,
c) betting on the values considered sacred according to the religion of the person,
If committed, the lower limit of the sentence cannot be less than a year.
(4) If the insult is committed publicly, the penalty is increased by one sixth.
(5) In case of insulting public officials working as a committee due to their duties, the offense is deemed to have been committed against the members of the committee. However, in this case, the provisions of the article pertaining to the chain crime are applied.
Identification of the victim
Article 126: (1) Even if the name of the victim is not clearly stated or the accusation is covered up in the commission of the insult crime, if there is a situation that cannot be hesitated in its nature and when it is directed to the victim's person, both his name is stated and the insult is declared.
Proof of Isnad
Article 127: (1) If the alleged and criminal act has been proven, the person is not punished. In the event that a final conviction decision is made about the insulted person due to this crime, the accusation is deemed to be proven. In other cases, the acceptance of the demand to prove the charge depends only on the public interest in understanding whether the alleged act is true or the complainant's consent to the proof.
(2) In case of insulting the person by talking about the proven verb, the sentence is sentenced.
Claim and defense immunity
Article 128: (1) In case of concrete accusations or negative evaluations regarding individuals within the scope of written or oral applications, claims and defenses made before judicial authorities or administrative authorities, no penalty shall be imposed. However, for this, the attributions and evaluations must be based on real and concrete facts and must be related to the conflict.
For wrongful reasons or mutual insults
Article 129: (1) In the event that the offense of insult is committed as a reaction to a wrongful act, the penalty to be imposed can be reduced by up to one third or the penalty can be waived.
(2) If this offense is committed as a reaction to the crime of intentional injury, the person is not punished.
(3) If the offense is committed mutually, the penalty for both or one of the parties may be reduced to one third according to the nature of the incident and the penalty may be waived.
Insulting one's memory
Article 130: (1) A person who insults a person's memory by quarreling with at least three people after his death is sentenced to imprisonment from three months to two years or a judicial fine. The penalty is increased by one sixth if the insult is committed publicly.
(2) A person who receives the body or bones of a dead person in part or in full, or who carries out an offense concerning the body or the bones shall be sentenced to imprisonment for a term of three months to two years.
Investigation and prosecution condition
Article 131: (1) Except for the one committed due to his duty to a public official; The investigation and prosecution of defamation depends on the complaint of the victim.
(2) If the victim dies before complaining or if the crime was committed against the memory of the person who died; up to the second degree of the deceased may be filed by the superior and subspecies, spouses or siblings.
CHAPTER NINE: Crimes Against Private Life and the Hidden Area of Life
Confidentiality of communication
Article 132: (1) Any person who violates the confidentiality of communication between persons is punished with imprisonment from one year to three years. If this privacy violation occurs by recording the contents of the communication, the penalty to be imposed is increased by one fold.
(2) Anyone who illegally discloses the communication contents between persons is punished with imprisonment from two years to five years.
(3) Any person who illegally discloses the contents of communications made with him without the consent of the other party, is punished with imprisonment from one year to three years. If these disclosed data are published through the press and broadcast, the same penalty will be imposed.
(4) (Abolished)
Listening and recording conversations between people
Article 133: (1) Anyone who listens to non-public conversations with an instrument or records them with a sound-receiving device, without the consent of any of the parties, is sentenced to imprisonment from two years to five years.
(2) The person who records a non-public conversation he / she attends with the sound receiving device without the consent of the other speakers is punished with imprisonment or judicial fines from six months to two years.
(3) Any person who unlawfully discloses the data obtained by recording non-public conversations between people is punished with imprisonment from two to five years and a judicial fine up to four thousand days. If these disclosed data are published through the press and broadcast, the same penalty will be imposed.
Violation of privacy
Article 134: (1) Anyone who violates the privacy of individuals' private life is punished with imprisonment from one year to three years. In case of violation of confidentiality by recording images or sounds, the penalty to be imposed is increased by one fold.
(2) Any person who unlawfully discloses images or sounds relating to the private life of persons is punished with imprisonment from two to five years. If these disclosed data are published through the press and broadcast, the same penalty will be imposed.
Saving personal data
Article 135: (1) Anyone who unlawfully records personal data is sentenced to imprisonment from one year to three years.
(2) Personal data, political, philosophical or religious views of people, racial origins; In case of unlawful moral concerns, sexual life, health conditions or union connections, the penalty under the first paragraph shall be increased by half.
Making or seizing data illegally
Article 136: (1) A person who unlawfully gives, disseminates or seizes personal data is punished with imprisonment from two to four years.
(2) If the subject of the offense is statements and images recorded in accordance with the fifth and sixth paragraphs of Article 236 of the Criminal Procedure Code, the penalty to be imposed is increased by one fold.
Qualified cases
Article 137: (1) The offenses defined in the above articles;
a) abuse of authority by the public officer and his / her duty,
b) If it is committed by taking advantage of the convenience provided by a certain profession and art, the penalty to be imposed is increased by half.
Failure to destroy data
Article 138: (1) Those who are obliged to destroy the data within the system despite the expiry of the periods determined by the laws are sentenced to imprisonment from one year to two years if they do not fulfill their duties.
(2) If the subject of the crime is data that needs to be eliminated or destroyed in accordance with the provisions of the Criminal Procedure Code, the penalty to be imposed is increased by one fold.
Complaint
Article 139: (1) The investigation and prosecution of the crimes in this section are subject to a complaint, except for the recording of personal data, the unlawful supply or capture of data, and the destruction of data.
Implementation of security measures about legal entities
Article 140: (1) Due to the commission of the crimes defined in the above articles, security measures specific to legal persons shall be imposed on them.
CHAPTER TEN: Crimes Against Property
Theft
Article 141: (1) A person who takes a movable property belonging to another person without the consent of the owner from the place where it is located in order to benefit himself or someone else, is sentenced to imprisonment from one year to three years.
(2) (Abolished)
Qualified theft
Article 142: (1) The crime of theft;
a) About the goods owned by public institutions or organizations or places of worship, or belong to the public interest or service,
b) (Repealed paragraph)
c) about the goods found in the transport vehicle which are available to the public, or on certain arrival or departure places,
d) about the product prepared for the purpose of preventing or alleviating the damage caused by a disaster or a general disaster,
e) Goods left exposed due to their number or allocation or use are sentenced to imprisonment from three to seven years, if committed.
f) (Repealed paragraph)
(2) Your crime;
a) taking advantage of the fact that the person is unable or unable to protect his possessions;
b) by pulling or removing the goods carried on hand or top, or with special skill,
c) Taking advantage of the fear or chaos caused by natural disasters or social incidents,
d) Unlocking or preventing lock-up by unauthorized key or other device;
e) By the use of information systems,
f) To be recognized by taking measures to prevent them from being recognized,
g) about large or small cattle,
h) In case of committing the goods, which are kept in a place accessible to everyone but locked up or kept in the building or its annexes, a penalty of imprisonment from five years to ten years is imposed. In case the offense is committed against a person who is unable to defend himself in terms of body or spirit, as specified in subparagraph (b) of this paragraph, the penalty to be imposed is increased by one third.
(3) If the crime is committed in the liquid or gaseous energy and in the facilities for their transport, processing or storage, they are sentenced to five to twelve years' imprisonment. If this act is committed within the framework of the activity of an organization, the penalty is increased by half and judicial fines up to ten thousand days.
(4) In case of violation of the immunity of the residence or the crime of damaging the property for the purpose of committing the crime of theft, a complaint is not sought for an investigation and prosecution for these crimes.
(5) In case of a temporary disruption of public service in the field of communication, energy or railway or air transportation as a result of committing the crime of theft, the penalty to be imposed in accordance with the provisions of the above paragraphs is increased from half to two times.
Crime processing at night
Article 143: (1) If the crime of theft is committed at night, the penalty to be imposed is increased by half.
Conditions requiring less punishment
Article 144: (1) The crime of theft;
a) on the property owned by the stakeholder or jointly,
b) If a receivable based on a legal relationship is committed for the purpose of collection, upon complaint, the perpetrator is sentenced to imprisonment from two months to one year or a judicial fine.
Low value of goods
Article 145: (1) Due to the low value of the property that is the subject of the theft crime, the penalty to be imposed can be reduced, or it can be waived by taking into account the way and characteristics of the crime.
Use theft
Article 146: (1) If the theft crime is committed with the purpose of using the property for a temporary period and returning it to its possession, the penalty to be imposed is reduced by half, upon complaint. However, this provision does not apply if the property has been used to commit a crime.
Necessity
Article 147: (1) In case the theft crime is committed to meet a serious and urgent need, depending on the nature of the incident, the penalty to be imposed can be reduced or the penalty can be waived.
Spoil
Article 148: (1) A person who compels another person not to resist the delivery or receipt of a good by threatening or using force on the ground that he or a relative will commit an attack on his life, bodily or sexual immunity, or cause great harm in terms of his assets. punishable by imprisonment.
(2) Using an algebra or threat to give the victim a voucher that may be indebted to himself or others, or a document explaining that an existing deed is void, not to resist the receipt of such a bill, to sign a paper that can be made such a deed, or to The same penalty shall be imposed if compelled to resist destruction or destruction.
(3) The fact that the victim is not able to know and defend himself by any means is considered to be an algebra on the offense of looting.
Qualified plunder
Article 149: (1) The crime of plunder;
a) With a weapon,
b) By making himself unrecognizable,
c) Together by more than one person,
d) By blocking roads or in residences, workplaces or their annexes,
e) against the person who is unable to defend himself in body or soul;
f) By utilizing the fearful power created by existing or considered criminal organizations,
g) To benefit the criminal organization,
h) If committed at night, the perpetrator is sentenced to imprisonment from ten to fifteen years.
(2) In the case of the aggravation of the crime of intentional injury, the provisions of the crime of intentional wounding shall apply.
A case requiring less punishment
Article 150: (1) In the event that the person uses threat or force for the purpose of collecting a receivable based on a legal relationship, only the provisions regarding the crime of threat or intentional injury shall apply.
(2) Due to the low value of the property that constitutes the subject of plunder, the penalty can be reduced by one-half to half.
Damage to property
Article 151: (1) A person who destroys, destroys, destroys, destroys, renders unusable or pollutes the movable or immovable property of another person partially or completely, is punished with imprisonment from four months to three years or a judicial fine, upon the complaint of the victim.
(2) (This paragraph has been removed) The provision of the above paragraph shall apply to the person who kills an owned animal, renders it useless or causes its value to decrease without a justified reason.
Qualified cases of property damage
Article 152: (1) The offense of damaging property;
a) about places, buildings, facilities or other goods belonging to public institutions, which are allocated to the public service or reserved for public use,
b) about all kinds of goods or facilities allocated to protection against fire, floods and floods, accidents and other disasters,
c) Regardless of the location of the state forest, no matter where it is, any kind of planted trees, saplings or tie bars,
d) about the facilities for the protection of irrigation, drinking water or disaster;
e) About buildings, facilities or goods that are or are in the possession of employers or workers or employers or workers' trade unions or confederations in cases of strikes or lockouts,
f) About the buildings, facilities or objects of political parties, public institutions and professional organizations and supreme organizations;
g) to the detriment of a public official in order to take vengeance due to his duty,
If committed, the offender is sentenced to one to four years' imprisonment.
(2) The offense of damaging property;
a) by burning, burning or using explosives,
b) By causing landslide, avalanche fall, flood or flood,
c) If it is committed by exposing it to radiation, using nuclear, biological or chemical weapons, the penalty to be imposed is increased by one fold.
(3) In case of a temporary disruption of public service in the field of communication, energy or railway or air transportation as a result of committing the crime of damaging property, the penalty to be imposed according to the provisions of the above paragraphs is increased from half to two times.
Damage to places of worship and worship
Article 153: (1) A person who damages places of worship, their annexes, the goods there, the graves, the structures on them, the facilities in the cemeteries, the structures built for the protection of the cemeteries, by destroying, destroying or breaking, is sentenced to imprisonment from one year to four years.
(2) The person who pollutes the places and structures specified in the first paragraph shall be punished with imprisonment or judicial fines from three months to a year.
(3) If the acts in the first and second paragraphs are committed for the purpose of abusing the social segment of the relevant religious belief, the penalty shall be increased by one third.
Rape
Article 154: (1) A person who occupies, in whole or in part, the immovable property or its annexes belonging to another person, without any right, as if he were the owner, or who changes or disrupts their boundaries, or who prevents the rightful owner from benefiting from them, even partially, shall be sentenced to imprisonment from six months to three years and a judicial fine of up to one thousand days, upon the complaint of the person harmed by the crime. [ref](Amended paragraph: 25.02.2009 – 5841 SK/Article 1)[/ref]
(2) Penalties imposed in the first paragraph about the person who has partially or completely captured, exterminated or continued on the immovable property such as pastures, threshing places, roads and wetlands shall be imposed in the first paragraph, knowing that he belongs to the village legal entity or has been abandoned to the common use of the peasant.
(3) Fines written in the first paragraph shall apply to anyone who changes the medium of private or public water.
Abuse of trust
Article 155: (1) The person who disposes of the property belonging to someone else but whose possession has been transferred to him for preservation or use in a certain way, for the benefit of himself or someone else, outside of the purpose of transfer of possession or who denies this transfer of possession, upon complaint, from six months to two years. punishable by imprisonment and fine.
(2) If the crime is committed against the goods deposited and delivered as a requirement of the profession, art, trade or service relationship or the authority to manage the goods of another person, regardless of the reason, imprisonment from one year to seven years and judicial fine up to three thousand days. will be punished.
Using free stock
Article 156: (1) Anyone who uses an unpaid bill, upon complaint, is sentenced to imprisonment from six months to two years and a judicial fine.
Fraud
Article 157: (1) A person who deceives a person with fraudulent acts and provides benefit to himself or another person to the detriment of him or someone else is sentenced to imprisonment from one year to five years and a judicial fine up to five thousand days.
Qualified embezzlement
Article 158: (1) The crime of fraud;
a) By exploiting religious beliefs and emotions,
b) by taking advantage of the dangerous situation or difficult conditions that the person is in,
c) By taking advantage of one's weakness of perception,
d) By using public institutions and organizations, public professional organizations, political parties, foundations or associations as legal entities,
e) To the detriment of public institutions and organizations,
f) Using information systems, banks or credit institutions as tools,
g) By making use of the facilities provided by the press and broadcasting tools,
h) During the commercial activities of the trader or company manager or acting on behalf of the company; as part of the cooperative's activities,
i) by the self-employed persons, by the abuse of confidence in their profession,
j) In order to ensure the opening of a loan which should not be allocated by the Bank or other credit institutions,
k) In order to get the insurance cost,
l) By introducing himself as a public official or employee of banks, insurance or credit institutions or by saying that he is related to these institutions and organizations,
committed, he shall be sentenced to imprisonment from three years to ten years and a judicial fine of up to five thousand days. However, in cases listed in subparagraphs (e), (f), (j), (k) and (l), the lower limit of the prison sentence cannot be less than four years, and the amount of the judicial fine cannot be less than twice the benefit obtained from the crime.
(2) The person who acquires the benefit from someone else is deceived according to the provisions of the above clause by deceiving them with the promise of having a certain job and because it is related to public officials.
(3) If three or more persons commit the crimes specified in this article and article 157 together, the penalty to be imposed is half; If it is committed within the framework of the activity of an organization established to commit a crime, the penalty to be imposed is increased by one fold.
A case requiring less punishment
Article 159: (1) If fraud is committed for the purpose of collecting a receivable based on a legal relationship, a penalty of imprisonment from six months to one year or a judicial fine is imposed upon complaint.
Save money on lost or lost items
Article 160: (1) Any person, like the owner, who disposes of the property, which is out of the possession of the owner due to loss, or which has been seized as a result of mistake, without returning it or notifying the competent authorities, is sentenced to imprisonment of up to one year or a judicial fine upon complaint.
Fraudulent bankruptcy
Article 161: (1) A person who makes fraudulent dispositions to reduce his assets, in case bankruptcy is decided before or after these fraudulent dispositions, is sentenced to imprisonment from three years to eight years. For the existence of fraudulent bankruptcy;
a) The hijacking, concealing or decreasing the value of the goods which are the guarantee of the receivables of creditors,
b) To prevent or prevent the destruction of commercial books, records or documents in order to prevent the occurrence of the dispositions of their assets,
c) The issuance of a document in such a way as to increase the debts, as if such a relationship exists, even though there is no receivable and no debt relationship,
d) It is necessary to understate the asset with unrealistic accounting records or a false balance sheet.
Badger bankruptcy
Article 162: (1) A person who causes bankruptcy due to not showing the care and attention required by being a merchant is sentenced to imprisonment from two months to one year, in case bankruptcy is decided.
Bad access
Article 163: (1) A person who makes use of a service offered through vending machines and which can be used if the price is paid, without paying, is sentenced to imprisonment from two months to six months or a judicial fine.
(2) The person who uses telephone lines, frequencies or encrypted or unencrypted broadcasts made by electromagnetic waves, without the consent of the owner or owner, is punished with imprisonment or judicial fines from six months to two years.
(3) If the electricity, water or natural gas that can be used on subscription basis is consumed without the consent of the owner and in a way that prevents the determination of the consumption amount, the person is sentenced to imprisonment from one year to three years.
Wrong information about the company or cooperatives
Article 164: (1) The founder, partner, manager, manager or representatives of a company or cooperative, or members of the board of directors or auditors, or those holding the title of liquidator, will provide untruthful important information in their public statements or reports or suggestions to the general assembly that may cause harm to the relevant parties, or If they do, they are punished with imprisonment from six months to three years or a judicial fine up to a thousand days.
Acquisition or acceptance of crime
Article 165: (1) A person who sells, transfers, buys or accepts the goods or other property value obtained by committing a crime, without participating in the commission of this crime, is sentenced to imprisonment from six months to three years and a judicial fine up to ten thousand days.
No information
Article 166: (1) A person who fails to notify the authorities of the crime without delay, despite learning that the goods he has acquired based on a legal relationship were actually obtained by committing a crime or by committing a crime, shall be sentenced to imprisonment of up to six months or a judicial fine.
Personal reason for impunity or punishment
Article 167: (1) Except for looting and qualified looting, the crimes in this section;
a) One of the spouses who were not separated in their rights,
b) one or more of the relatives of the supersubject or the sub-member, or of such ancestors,
c) If one of the siblings living together in the same residence is committed to his detriment, no penalty is imposed on the related relative.
(2) In the event that one of the spouses who have been separated from their rights is treated as the loss of one of the brothers who do not live together in the same dwelling; the penalty on the complaint about the relative relative shall be reduced by half.
Effective regret
Article 168: (1) After the crimes of theft, damage to property, breach of trust, fraud, fraudulent bankruptcy, negligent bankruptcy are completed and therefore before the prosecution begins, the perpetrator, the instigator or the helper, by showing repentance personally, by reimbursing or compensating the damage suffered by the victim. in case of complete reparation, up to two thirds of the penalty to be imposed is reduced.
(2) The effective regret shall be reduced to half of the fine to be imposed upon the initiation of prosecution but before the award is made.
(3) The punishment to be given to the person who shows effective repentance for the crime of plunder is reduced to half of the cases entered in the first paragraph and up to one-third in the cases that come into the second paragraph.
(4) The consent of the victim is also sought in order to apply effective repentance provisions in the event of a partial return or indemnity.
(5) In the crime of gratuitous exploitation, if the perpetrator, instigator or helper shows remorse and fully compensates the damage suffered by the victim, public or private law legal entity before the investigation is completed, no public action is brought; If the damage is fully compensated until the judgment is rendered, the penalty to be imposed is reduced to one third. However, a person cannot benefit from the provision of this paragraph more than twice.
Implementation of security measures about legal entities
Article 169: (1) Security precautions specific to legal entities are imposed on legal entities who have gained unfair advantage by committing crimes of theft, abuse of trust and fraud.
CHAPTER THREE: Crimes Against Society
CHAPTER ONE: General Danger Crimes
Intentionally endangering general security
Article 170: (1) In a way that is dangerous for the life, health or property of persons or in a manner that may cause fear, anxiety or panic in persons;
a) fires,
b) causing building collapse, landslide, avalanche fall, flood or flood,
c) A person who shoots with a gun or uses explosives is sentenced to imprisonment from six months to three years.
(2) The person who causes fire, building collapse, landslide, avalanche, flood or flood hazard is punished with imprisonment or judicial fines from three months to a year.
Jeopardizing the general security
Article 171: (1) by negligence;
a) To fire,
b) The person who causes a building collapse, landslide, avalanche, flood or overflow is punished with imprisonment from three months to one year if the act is dangerous for the life, health or property of others.
Radiation smear
Article 172: (1) A person who exposes another person to radiation with the aim of deteriorating his health and in a way that is suitable for realizing this purpose, is sentenced to imprisonment from three to fifteen years.
(2) If the act in the first paragraph is committed against an unspecified number of persons, a penalty of imprisonment of not less than five years shall be imposed.
(3) Persons who emit radiation or have an impact on the disintegration of atomic nuclei in a way to cause harm to someone else's life, health or property are punished by imprisonment from two to five years.
(4) The person who causes the radiation spread or the disintegration of the atomic nuclei, contrary to the necessary attention and care obligation during the operation of a laboratory or facility, shall be sentenced to imprisonment from six months to three years if the act is capable of causing significant harm to the life, health or property of another person. punishment.
Explosion with atomic energy
Article 173: (1) Any person who, by releasing atomic energy, causes an explosion and thus a serious danger to the life, health or property of another person, is sentenced to imprisonment not less than five years.
(2) In the event that the act defined in the above paragraph is committed by a cashier, a sentence of imprisonment from two to five years shall be imposed.
Unauthorized possession or exchange of dangerous substances
Article 174: (1) Manufactures, imports or exports explosive, caustic, corrosive, injurious, suffocating, poisonous, permanently ill-causing nuclear, radioactive, chemical, biological substances, transports them from one place to another within the country, without obtaining the necessary permission from the competent authorities. The person who sells, sells, buys or commits is punished with imprisonment from four to eight years and a judicial fine up to five thousand days. The person who imports, exports, offers for sale, gives to others, transports, stores, purchases, accepts or keeps the materials and equipment required for the purpose of manufacturing, processing or using the substances covered by this paragraph without the permission of the competent authorities. punishable by punishment.
(2) In the event that these acts are committed within the scope of the activity of an organization which was established to commit a crime, the penalty shall be increased one fold.
(3) The person who buys, accepts or holds the insignificant types and quantities of explosives shall be sentenced to imprisonment of up to one year by considering the purpose of use.
Violation of the obligation to care and oversight on mental patient
Article 175: (1) A person who neglects his duty of care and supervision on a mentally ill person in a way that may endanger the life, health or property of others is sentenced to imprisonment of up to six months or a judicial fine.
Failure to comply with safety regulations for construction or demolition
Article 176: (1) A person who does not take the measures necessary for human life or physical integrity during the construction or demolition activity is sentenced to imprisonment from three months to one year or a judicial fine.
Dangerous release of animal
Article 177: (1) Any person who releases an animal under his supervision in a way that may be dangerous for the life or health of others, or who neglects to control them, is sentenced to imprisonment of up to six months or a judicial fine.
No signs and obstacles
Article 178: (1) A person who does not place the necessary signs or barriers to prevent the danger arising from the work being done or the goods left in the places where everyone passes by, removes the signs or barriers that have been put or changes their place, is sentenced to imprisonment from two months to six months or a judicial fine.
Endangering traffic safety
Article 179: (1) To ensure the safe flow of land, sea, air or rail transport, by changing any signs, making them unusable, removing them from the place where they were placed, giving false signs, placing something on the way of passage, arrival, departure or landing, or technical operation A person who interferes with the system and causes a danger to the life, health or property of others is sentenced to imprisonment from one year to six years.
(2) Persons who transport and manage land, sea, air or rail transportation vehicles in a way that may be dangerous to the life, health or property of persons shall be sentenced to imprisonment from three months to two years.
(3) Persons driving a vehicle may be punished in accordance with the provisions of the above paragraph, even though they may not be able to handle and handle vehicles safely or for any other reason.
Endangering traffic safety
Article 180: (1) Any person who negligently causes a danger to the life, health or property of persons in sea, air or railway transportation, is punished with imprisonment from three months to three years.
CHAPTER TWO: Crimes Against Environment
Intentional pollution of the environment
Article 181: (1) Any person who deliberately disposes of waste or residues in the soil, water or air in violation of the technical procedures determined by the relevant laws and in a way that harms the environment is sentenced to imprisonment from six months to two years.
(2) Persons who have placed waste or residues in the country without authorization shall be sentenced to imprisonment for one to three years.
(3) In case of waste or residues permanently in soil, water or air, the penalty shall be increased by two times according to the above paragraphs.
(4) If the verbs described in paragraphs one and two are committed in relation to waste or residues that have the qualities that can lead to the emergence of diseases that are difficult to treat for humans or animals, their reproductive ability, and change the natural characteristics of animals or plants, not less than five years in prison. and judicial fines up to one thousand days.
(5) The security measures specific to the legal entities shall be governed by the acts referred to in paragraphs 2, 3 and 4 of this Article.
Contamination of the environment
Article 182: (1) A person who negligently causes waste or residues to be discharged into the soil, water or air in a way that harms the environment is punished with a judicial fine. If these wastes or residues have a permanent effect on the soil, water or air, a prison sentence of two months to one year is imposed.
(2) The person who causes the treatment of wastes or debris that has the qualities that may lead to the development of difficult-to-treat diseases, dulling the ability to reproduce, and altering the natural characteristics of animals or plants may result in imprisonment of one to five years. punished.
Noise caused
Article 183: (1) A person who causes noise in a way that is suitable for harming the health of another person, contrary to the obligations determined by the relevant laws, is punished with imprisonment from two months to two years or a judicial fine.
Causing zoning pollution
Article 184: (1) A person who constructs or has a building constructed without obtaining a building permit or in violation of the license is sentenced to imprisonment from one year to five years.
(2) Persons who permit construction of electricity, water or telephone to the construction sites established due to the construction initiated without the building license shall be punished according to the provisions of the above paragraph.
(3) The person who permits the execution of any industrial activity in the buildings not allowed to use the building is punished with imprisonment from two years to five years.
(4) Except for the third paragraph, the provisions of this Article shall be applied only within the municipal boundaries or in places subject to the special zoning regime.
(5) In the event that the person makes the building or license building that is unlawful or unlawful, and makes it suitable for the zoning plan and license, the public case is not opened in accordance with the provisions of one and the second paragraph, the public case is dropped, and the sentenced penalty is eliminated with all its consequences.
(6) The provisions of the second and third paragraphs do not apply to the buildings constructed before 12 October 2004.
CHAPTER THREE: Crimes Against Public Health
Toxic substance added
Article 185: (1) Anyone who puts the life and health of persons in danger by adding poison to drinking water or any food or thing to be eaten or drunk or used or consumed is sentenced to imprisonment from two years to fifteen years.
(2) If the acts mentioned in the paragraph above are handled in violation of the obligation of care and attention, it shall be sentenced to imprisonment from three months to one year.
Dealing with spoiled or modified food or drugs
Article 186: (1) Anyone who sells, supplies or possesses all kinds of edible or drinkable things or medicines that have been altered or deteriorated in a way that endanger the life and health of persons is sentenced to imprisonment from one year to five years and a judicial fine up to one thousand five hundred days.
(2) If this offense is committed within the scope of the execution of a profession and art carried out on the basis of official leave, the penalty shall be increased by one third.
Making or selling drugs to endanger people's life and health
Article 187: (1) Anyone who produces or sells drugs in a way that endangers the life and health of individuals is sentenced to imprisonment from one year to five years and a judicial fine.
(2) If this offense is committed by a physician or pharmacist, or as part of a professional and art practice carried out on an official leave, the penalty shall be increased by one third.
Manufacture and trade of drugs or stimulants
Article 188: (1) Any person who manufactures, imports or exports drugs or stimulants without a license or in violation of the license is sentenced to imprisonment from twenty years to thirty years and a judicial fine from two thousand days to twenty thousand days.
(2) elimination of drugs and psychotropic substances be considered imported for other countries that the actual hence the executed portion of the fine shall be imposed as a result of judgment made in these countries, the export of drugs and stimulant drugs in Turkey are deducted from the fines judged hence result of the trial to be done.
(3) The person selling, supplying, shipping, storing, storing, buying, accepting, holding, selling drugs or stimulants in the country without a license or against the license, and not less than ten years in prison and twenty thousand days. up to a criminal fine. (Supplementary sentence: 18.06.2014 - 6545 SK / Article 66) However, if the person who is given or sold drugs or stimulants is a child, the sentence cannot be less than fifteen years.
(4) a) The narcotic or stimulant substances specified in the above paragraphs are heroin, cocaine, morphine, base morphine, synthetic cannabinoids and their derivatives, synthetic cathinone and its derivatives, synthetic opioids and their derivatives or amphetamine and its derivatives,
b) The acts in the third paragraph; Processing of buildings and facilities such as schools, dormitories, hospitals, barracks or places of worship for treatment, education, military and social purposes, and in public or public places within two hundred meters of their boundaries determined by perimeter walls, wire fences or similar obstacles or signs, if any. , the penalty to be imposed is increased by half.
(5) If three or more persons commit the crimes listed above together, the penalty to be imposed is increased by half, and if committed within the framework of the activity of an organization formed to commit a crime, the penalty to be imposed is increased by one fold.
(6) The provisions of the above paragraphs are also applied for all kinds of substances, the production of which depends on the permission of the official authorities or the sale of which depends on the prescription issued by the authorized physician, and which has the effect of narcotic or stimulant substances. However, the penalty to be imposed can be reduced to half.
(7) The person who imports, manufactures, sells, purchases, transfers, transfers, stores or exports the substance used in the production of drugs or stimulants, which, although not having any drug or stimulant effect, is subject to the permission of the import or manufacture. not less than one year in prison and punished with a judicial fine from one thousand days to twenty thousand days.
(8) If the offenses defined in this article are handled by the physician, dentist, pharmacist, chemist, veterinarian, health officer, laborer, midwife, nurse, dental technician, nursing worker, healthcare provider, chemist, or by the person who deals with pharmacy trade, increased by half.
Implementation of security measures about legal entities
Article 189: (1) In case the crimes of manufacture and trade of drugs or stimulants are committed within the framework of the activity of a legal person, security measures specific to these shall be imposed on the legal person.
Facilitate the use of drugs or stimulants
Article 190: (1) To facilitate the use of drugs or stimulants;
a) Providing special place, equipment or material,
b) taking measures to make it difficult for people to be caught,
c) The person who informs others about the methods of use is punished with imprisonment from five years to ten years and a judicial fine from one thousand days to ten thousand days.
(2) A person who publicly encourages the use of drugs or stimulants or broadcasts in such a manner is punished with imprisonment from five years to ten years and a judicial fine from one thousand days to ten thousand days.
(3) If the offenses defined in this article are handled by the physician, dentist, pharmacist, chemist, veterinarian, health officer, laborer, midwife, nurse, dental technician, nursing worker, healthcare provider, chemist, or by the person who deals with pharmacy trade, increased by half.
To buy, accept or have drugs or stimulants to use or to use drugs or stimulants
Article 191: (1) Person who buys, accepts or uses drugs or stimulants to use, or uses drugs or stimulants, shall be sentenced to imprisonment of two years to five years.
(2) In the investigation initiated for this crime, it is decided to postpone the filing of the public case for five years, without seeking the conditions in Article 4 of the Criminal Procedure Law dated 12/2004/5271 and numbered 171. In this case, the public prosecutor warns the suspect about the consequences that may arise for him if he does not comply with the obligations imposed on him during the postponement period or violates the prohibitions. The postponement decision is also notified to the law enforcement units.
(3) During the postponement period, a probation measure is applied to the suspect for a minimum of one year. This period may be extended for a maximum of two years, with six-month periods, upon the proposal of the probation directorate or with the decision of the Public Prosecutor ex officio. A person who has been given a probation measure may be subjected to treatment during the probation period, if deemed necessary. The public prosecutor decides to refer the suspect to the relevant institution at least twice a year in order to determine whether he used drugs or stimulants during the postponement period.
(4) During the postponement period of the person;
a) Insist on not acting in accordance with the obligations imposed on him / her or on the requirements of the treatment applied,
b) purchase, acceptance or possession of drugs or stimulants for re-use,
c) In case of using drugs or stimulants, a public lawsuit is filed against him.
(5) The purchase, possession or possession of drugs or stimulants, or the use of drugs or stimulants to be used during the postponement period, shall be deemed to be the cause of infringement in accordance with the fourth paragraph and shall not be subject to a separate investigation or prosecution.
(6) According to the fourth paragraph after the opening of the public case, the investigation of the crime described in the first paragraph of the crime described in the second paragraph of the public trial in accordance with the second paragraph can not be decided to postpone the opening of the case.
(7) If the suspect has not acted in violation of the obligations specified in the fourth paragraph during the postponement period and does not violate the prohibitions, it is decided not to prosecute.
(8) This Act;
a) Manufacture and trade of narcotic or stimulant substances defined in Article 188,
b) If it is understood that, during the prosecution phase for the crime of facilitating the use of drugs or stimulants defined in Article 190, the crime is exclusively within the scope of this article, a decision is made to defer the announcement of the verdict within the framework of the provisions of this article.
(9) In cases where there is no contrary provision in this article, the provisions of Article 171 of the Code of Criminal Procedure regarding the postponement of the opening of a public lawsuit or article 231 of the postponement of the announcement of the verdict shall apply.
(10) The acts in the first paragraph; Processing of buildings and facilities such as schools, dormitories, hospitals, barracks or places of worship for treatment, education, military and social purposes, and in public or public places within two hundred meters of their boundaries determined by perimeter walls, wire fences or similar obstacles or signs, if any. The penalty to be imposed is increased by half.
Effective regret
Article 192: (1) If the person who has participated in the crimes of drug or stimulant production and trafficking informs the authority of other accomplices and the places where narcotic or stimulant substances are stored or manufactured, before being informed by the official authorities, the information given shall prevent the accomplices of the crime or the arrest of the narcotic or stimulant substance. If he ensures his seizure, he will not be punished.
(2) If a person who buys, accepts or holds a drug or stimulant to use, informs the authorities before, when it is received by the authorities, informs them of where, when and where it has been provided, it shall facilitate the capture of offenders or the seizure of a drug or stimulant. no penalty shall be imposed.
(3) After the news of these offenses, the punishment of the offender and the person serving the capture of the offender or other accomplices as a volunteer shall be reduced by one to one half according to the nature of the aid.
(4) If a person who uses drugs or stimulants seeks to be treated by applying to official authorities or health institutions before an investigation is initiated due to purchasing, accepting or possessing drugs or stimulants for use, no penalty shall be imposed. In this case, public officials and healthcare professionals are not obliged to report the crime pursuant to Articles 279 and 280.
Manufacture and trade of toxic substances
Article 193: (1) Any person who produces, possesses, sells or transports a substance that contains poison and whose production, possession or sale requires permission, is sentenced to imprisonment from two months to one year.
Supply of hazardous materials for health
Article 194: (1) A person who gives or offers for consumption substances that may pose a health hazard to children, mental patients or those who use volatile substances is sentenced to imprisonment from six months to one year.
Disregarding measures against infectious diseases
Article 195: (1) A person who does not comply with the measures taken by the competent authorities to quarantine the place of residence of a person who has caught or died from one of the contagious diseases is sentenced to imprisonment from two months to one year.
Improper burial of the dead
Article 196: (1) A person who bury or has buried the dead in places other than the places reserved for burial is punished with imprisonment up to six months.
CHAPTER FOUR: Crimes Against Public Trust
Counterfeiting
Article 197: (1) A person who fakes, introduces, transfers, preserves or puts into circulation the currency that is legally in circulation in the country or in foreign countries, is sentenced to imprisonment from two years to twelve years and a judicial fine up to ten thousand days.
(2) The person who knowingly accepts the counterfeit money is punished with imprisonment and judicial fines from one year to three years.
(3) Person who imposes the money he accepts without knowing his fraud, knowing that his qualification is sentenced to imprisonment from three months to one year.
Values equal to money
Article 198: (1) The bearer bonds, stocks, bonds and coupons issued by the state, bills, bonds and documents and national jewelery that are legally circulating issued by authorized institutions are in the form of money.
Forgery on the precious stamp
Article 199: (1) A person who forges, introduces, transports, preserves or puts a valuable stamp into circulation is punished with imprisonment from one year to five years and a judicial fine.
(2) The person who accepts the precious stamp produced as a fake will be punished with imprisonment and judicial fines from three months to a year.
(3) A person who puts the precious stamp which he consciously accepts, without knowing his fraudulently identifies this qualification, shall be sentenced to imprisonment from one month to six months.
(4) Stamps, stamps and postage stamps and stamps used to certify that a certain amount of tax or fee has been paid shall be deemed as a valuable stamp.
Tools for making money and precious stamps
Article 200: (1) Any person who produces, imports, sells, transfers, buys, accepts or preserves the tools or materials used in the production of valuable stamps with money, is sentenced to imprisonment from one year to four years and a judicial fine.
Effective regret
Article 201: (1) The person who produces, imports, transports, preserves or accepts money or stamps of value forged, before putting these money or stamps into circulation and before being notified by the official authorities, shall notify other accomplices and the forged money or stamps of value. or informs the authority of their hiding places, if the information provided leads to the arrest of accomplices and the seizure of counterfeit money or valuable stamps, no penalty shall be imposed on him.
(2) Any person who produces, sells, transfers, buys, accepts, or maintains the equipment and materials used in the manufacture of counterfeit or precious stamps without permission, before the notice is received by the authorities, the other offenses and the production or storage of such material. If the information is notified to the relevant authority, the information provided will allow the capture and capture of its accomplices.
Counterfeiting the seal
Article 202: (1) Any person who fakes or uses the seal used by the Presidency, the Presidency of the Grand National Assembly of Turkey and the Prime Ministry is sentenced to imprisonment from two to eight years.
(2) The person who produces or uses the approved or documentary seal used by public institutions or professional organizations as public institutions shall be sentenced to imprisonment from one year to six years.
Seal Breaking
Article 203: (1) Any person who removes the seal that has been placed in order to ensure that something is kept or preserved as it is in accordance with the law or the order of the competent authorities, or acts contrary to the purpose of its placement, is punished with imprisonment from six months to three years or a judicial fine.
The official document forgery
Article 204: (1) A person who forges an official document, alters a real official document in a way that deceives others, or uses a fake official document, is sentenced to imprisonment from two to five years.
(2) A civil servant who commits a formal document that is authorized by his / her position to act as a fake, changes a real document in a way to deceive others, arranges a false document or uses a false official document shall be sentenced to imprisonment from three to eight years.
(3) The penalty shall be increased by half to the extent that the official document is a document valid until its statute is fixed.
Corrupt, destroy or hide the official document
Article 205: (1) Any person who corrupts, destroys or conceals a genuine official document is punished with imprisonment from two to five years. If the crime is committed by a public official, the penalty to be imposed is increased by half.
Lie statement in the official document format
Article 206: (1) A person who makes a false statement to a public official who has the authority to issue an official document is punished with imprisonment from three months to two years or a judicial fine.
Special document forgery
Article 207: (1) A person who forges a private document or changes and uses a real private document in a way that deceives others is punished with imprisonment from one year to three years.
(2) A person who uses a fake private document on purpose is punished according to the provisions of the above paragraph.
Disrupt, destroy or hide a private document
Article 208: (1) A person who corrupts, destroys or conceals a real private document is punished with imprisonment from one year to three years.
Abuse of the signature signature
Article 209: (1) A person who fills in a signed and partially or completely blank paper, which is filled in a certain manner and handed over to him for use, in a way different from the reason for which it was given, is sentenced to imprisonment from three months to one year, upon complaint.
(2) A person who has signed and partially or completely empty a signed paper, or has acquired it in a way that has legal consequences, shall be punished in accordance with the provisions of the document.
Documents with official documents
Article 210: (1) If the subject of the crime of forgery in a private document is a bill of exchange, a document representing a commodity, a stock, a bond or a testament, the provisions regarding the crime of forgery in the official document are applied.
(2) The physician, dentist, pharmacist, midwife, nurse or other healthcare professional who imposes untrue documents shall be sentenced to imprisonment of three months to one year. If the issued document provides an unfair advantage to the person or is of a consequence to the detriment of the public or persons, the official document shall be subject to penalty in accordance with the provisions of the fraud.
A case requiring less punishment
Article 211: (1) If the crime of forgery is committed in order to prove a claim based on a legal relationship or to document a real situation, the penalty to be imposed is reduced by half.
Assembly
Article 212: (1) If the fake official or private document is used during the commission of another crime, a penalty shall be imposed separately for both forgery and the related crime.
CHAPTER FIVE: Crimes Against Public Peace
Threat to create fear and panic among the public
Article 213: (1) A person who publicly threatens his life, health, physical or sexual immunity or property in order to cause anxiety, fear and panic among the public is sentenced to imprisonment from two years to four years.
(2) In the event that the offense is committed with a weapon, the penalty shall be increased by half to the ratio of the weapon used.
Driven crime committing
Article 214: (1) A person who publicly provokes to commit a crime is punished with imprisonment from six months to five years.
(2) The person who fires a part of the people against another part and provokes to kill each other is sentenced to imprisonment for fifteen years to twenty-four years.
(3) In the event that the offenses are committed, the driver shall be punished for incitement to such offenses.
Praise the crime and the criminal
Article 215: (1) Anyone who publicly praises a committed crime or a person for the crime he has committed is sentenced to imprisonment of up to two years, if a clear and imminent danger arises for this reason in terms of public order.
Disgust or humiliation
Article 216: (1) A person who openly incites a segment of the population with different characteristics in terms of social class, race, religion, sect or region to hatred and enmity against another segment, in case of a clear and imminent danger in terms of public security, for three years from one year. punishable by imprisonment of up to one year.
(2) A person who publicly denigrates a section of the public on social class, race, religion, sect, gender or region is punished with imprisonment from six months to one year.
(3) A person who publicly denigrates the religious values adopted by a section of the public shall be sentenced to imprisonment of from six months to one year if the act is conducive to a violation of public peace.
Driven not to comply with the law
Article 217: (1) A person who openly incites the public to disobey the laws is punished with imprisonment from six months to two years or a judicial fine if the provocation is suitable to disturb the public peace.
Publicly disseminating misleading information
ARTICLE 217/A: (1) Anyone who publicly disseminates false information regarding the internal and external security, public order and general health of the country, in a way that is suitable for disturbing the public peace, with the sole motive of creating anxiety, fear or panic among the people, is sentenced to imprisonment from one year to three years.
(2) If the perpetrator commits the crime by concealing his true identity or within the framework of the activities of an organization, the penalty imposed according to the first paragraph is increased by half.”
Common provision
Article 218: (1) In case the crimes defined in the above articles are committed through the press and broadcasting, the penalty to be imposed is increased by half. However, statements of opinion that do not exceed the limits of reporting and that are made for the purpose of criticism do not constitute a crime.
Abuse of religious services during the mission
Article 219: (1) If a religious leader such as an imam, orator, preacher, priest, rabbi, while performing his duty, publicly disparages the government administration, State laws and government actions, he or she is sentenced to imprisonment from one month to one year and a judicial fine, or may be sentenced to one of them.
(2) If one of the persons indicated in the above paragraph will provoke and encourage the administration of the government, and the duty and authority of the law and order and orders, and of one of the departments, to enforce or disobey the execution of the civil service or civil servant's orders or government orders. from months to two years to prison and for judicial fines, and the satisfaction of the lifeguard or temporary person, he is satisfied with the execution of his duty and taking his benefits and dues.
(3) Written penalties are written in the paragraph in the paragraph on the religious leaders and officials, who are in a position to convince and convince a person of their rights and rights.
(4) If one of them acts as a religion other than the verbs written in the first paragraph, benefiting from his religious title, he is convicted with the penalty written in the law for that sentence, provided that one-sixth of the number is reproduced.
(5) As far as the law is essentially the name of this title, there is no room to increase the penalty.
Establishing an organization to commit crime
Article 220: (1) Those who establish or manage an organization with the aim of committing acts deemed as a crime by the law are punished with imprisonment from two years to six years, provided that the structure of the organization, the number of members it has, and the means and equipment are suitable for committing the purpose crimes. However, for the existence of the organization, the number of members must be at least three people.
(2) Those who are members of the organization established for committing a crime shall be sentenced to imprisonment from one to three years.
(3) If the organization is armed, the penalty given in the above paragraphs shall be increased by one quarter to one half.
(4) In the event that a crime is committed within the scope of the organization's activities, a penalty shall also be imposed for such offenses.
(5) The administrators of the organization shall also be punished as perpetrators for all crimes committed within the scope of the organization's activities.
(6) A person who commits a crime on behalf of an organization, although he is not a member of the organization, shall be additionally sentenced to imprisonment from two years and six months to six years. Depending on the nature of the crime committed, the sentence may be reduced by up to half. The provision of this paragraph shall apply only to armed organizations.
(7) A person who knowingly and willingly helps the organization, although not included in the hierarchical structure within the organization, is punished as a member of the organization. The penalty to be imposed due to membership of the organization can be reduced to one third, depending on the nature of the aid provided.
(8) Any person who propagandizes or praises or encourages the organization's methods of algebra, violence or threats, or encourages access to such methods, shall be sentenced to imprisonment for one to three years. If the offense is committed through the press and publication, the penalty shall be increased by half.
Effective regret
Article 221: (1) No penalty shall be imposed on the founders or administrators who disband the organization or ensure the dissolution of the organization with the information they provide, before an investigation is started due to the crime of founding an organization with the aim of committing a crime and before a crime is committed in line with the purpose of the organization.
(2) No penalty shall be imposed upon the member of the organization if he / she informs the relevant authorities voluntarily to the organization without any involvement in the conduct of any crime within the framework of the activity of the organization.
(3) The organization's organization within the framework of the operation of any crime committed without participating in the organization of the organization, regretting the organization to dissolve or provide the appropriate information to ensure the capture of members of the penalty is not ruled.
(4) If the person who establishes, manages or acts as a member of the organization for the purpose of committing a crime, who commits a crime on behalf of the organization or helps the organization knowingly and willingly, voluntarily submits information about the crimes committed within the framework of the structure and activity of the organization, no penalty shall be imposed for the establishment, management or membership of the organization. If the person gives this information after the capture, the penalty for this crime will be reduced by one third to three quarters.
(5) The probation measure shall be imposed on persons who benefit from effective regret for a period of one year. The duration of the probationary measure can be extended to three years.
(6) The provisions of effective regret in this article cannot be applied more than once to the person.
Hat and Turkish letters
Article 222: (Abolished article)
CHAPTER SIX: Crimes Against Means of Transport or Fixed Platforms
Abduction or retention of transportation vehicles
Article 223: (1) Any person who hinders the movement of a land transportation vehicle by using force or threat or any other unlawful act, stops this vehicle while it is in motion, or takes it to another place from the place where he is going, is sentenced to imprisonment from one year to three years.
(2) If the subject of the offense is a maritime or railway transportation vehicle, a prison sentence of two to five years shall be imposed.
(3) Anyone who uses an algebra or threat or acts in a manner contrary to the law to prevent the movement of the air transportation vehicle or take it from where it is traveling is sentenced to imprisonment from five to ten years.
(4) The punishment shall also be imposed on the liberty of persons during the processing of these offenses.
(5) In the event that these offenses are aggravated by the consequence of the offense of intentional injury, the provisions of the offense of intentional injury shall also apply.
Occupation of fixed platforms in Kıt'a landing or exclusive economic zone
Article 224: (1) Any person who seizes, seizes or takes control of a fixed platform established on the continental shelf or in the exclusive economic zone, by using force or threat or by any other unlawful act, is sentenced to imprisonment from five years to fifteen years.
(2) The punishment shall also be imposed on the persons who are deprived of their liberty during the processing of this offense.
(3) In the event of the aggravation of the offense resulting from the intent of the offense of intentional injury, the provisions of the offense of intentional injury shall also be applied.
CHAPTER SEVEN: Crimes Against General Ethics
Incendiary movements
Article 225: (1) Anyone who publicly engages in sexual intercourse or exhibitionism is punished with imprisonment from six months to one year.
Obscenity
Article 226: (1) a) Giving a child products containing obscene images, texts or words or showing, reading, reading or listening to their content,
b) exhibits, reads, reads, says, makes the contents of the contents of the children visible or publicly visible,
c) The sale of these products to the sale or rent,
d) to sell, sell, or rent these products for sale, except for the purpose of
e) to distribute or distribute these products, with or without the sale of other goods or services,
f) The person who advertises these products is punished with imprisonment from six months to two years and a judicial fine.
(2) The person who publishes or mediates obscene images, writings or words through media and publication is punished with imprisonment from six months to three years and a fine of five thousand days.
(3) In the production of products containing obscene images, writings or words, the person who uses children, representative child images or people who look like children is punished with imprisonment from five to ten years and a judicial fine up to five thousand days. The person who introduces, reproduces, sells, sells, transfers, stores, exports, possesses or presents these products to the country is punished with imprisonment from two years to five years and a judicial fine up to five thousand days.
(4) A person who produces, introduces, sells, transfers, stores, presents or holds products that contain articles, sounds or images related to sexual behaviors carried out on animals, dead human body or unnaturally by using violence. They are punished with imprisonment from four years to four years and up to five thousand days.
(5) The person who publishes or mediates the publishing of the content of the products in the paragraphs three and four through the media and publishes, or who allows children to see, listen or read, is sentenced to six years to ten years in prison and a judicial fine up to five thousand days.
(6) For these offenses, security measures specific to these legal entities are determined.
(7) The provisions of this article, scientific works; it shall not apply to works of art and literary value provided that they are excluded from the third paragraph and are prevented from reaching children.
Prostitution
Article 227: (1) Anyone who encourages, facilitates, procures or shelters a child for this purpose, or mediates the child's prostitution, is sentenced to imprisonment from four years to ten years and a judicial fine of up to five thousand days. Preparatory actions for the commission of this crime are also punished as a completed crime.
(2) The person who encourages, facilitates the path of this prostitution or mediates or provides space for prostitution is punished with a prison sentence of two to four years and a fine of up to three thousand days. Providing a livelihood partially or completely by making use of the income of the person who is dragged into prostitution is considered an incentive to prostitution.
(3) A person who gives, distributes or distributes products containing images, texts and words prepared to facilitate or mediate prostitution is punished with imprisonment from one year to three years and a judicial fine from two hundred days to two thousand days.
(4) The penalty to be imposed on the abovementioned paragraphs shall be increased by half to two times on the person using algebra or threat, by cheating, or by the help of despair, or by the person who has sent someone to prostitution or to make prostitution.
(5) If the offenses described in the above paragraphs are committed by spouses, superiors, beecheseconsulters, siblings, adopters, guardians, educators, trainers, carers, others who have a duty of protection and oversight, or through the abuse of influence provided by the public duty or service relationship, The penalty shall be increased by half.
(6) In the event that these offenses are committed within the framework of the organization activity for the purpose of committing a crime, the penalty according to the above paragraphs shall be increased by half.
(7) For these offenses, security measures specific to these legal entities are determined.
(8) The person who is dragged into prostitution may be subjected to treatment or psychological therapy.
Place and opportunity for gambling
Article 228: (1) The person who provides a place and opportunity for gambling is punished with imprisonment from one year to three years and a judicial fine of not less than two hundred days.
(2) If the place and the opportunity are provided for children to gamble, the penalty shall be increased by a solid.
(3) If the crime is committed through the use of information systems, a penalty of imprisonment from three to five years and a judicial fine from one thousand days to ten thousand days is imposed.
(4) If the crime is committed within the framework of the activity of an organization, the penalty to be imposed is increased by half.
(5) For these offenses, security measures specific to these legal entities shall be applied.
(6) In the application of the Criminal Code, gambling is a game in which the profit and loss is exercised for the purpose of profit.
Beggary
Article 229: (1) Any person who uses children, physically or mentally incapable of self-control, as a tool in begging, is sentenced to imprisonment from one year to three years.
(2) If the offense is committed by the spouses, relatives or spouses, the penalty shall be increased by half.
(3) If the offense is committed within the scope of the organization's activity, the penalty shall be increased one fold.
CHAPTER EIGHT: Crimes Against Family Order
Multiple marriage, fraudulent marriage, religious ceremony
Article 230: (1) A person who has married someone else despite being married is punished with imprisonment from six months to two years.
(2) Although he is not married, the person who is married to a person whom he knows is married is punished according to the provision of the above paragraph.
(3) A person who is married to another person by hiding his or her real identity shall be sentenced to imprisonment from three months to one year.
(4) Due to the crimes described in the above paragraphs, the statute of limitations shall commence on the date of the cancellation of the marriage.
(5) (Annulled clause: Constitutional Court dated 27.05.2015 and E. 2014/36, K. 2015/51)
(6) (Annulled clause: Constitutional Court dated 27.05.2015 and E. 2014/36, K. 2015/51)
Changing the child's paternity
Article 231: (1) A person who changes or conceals the paternity of a child is punished with imprisonment from one year to three years.
(2) Persons who cause a child in a health care institution to interfere with another child by imprisonment shall be punished with imprisonment up to one year.
Bad treatment
Article 232: (1) Anyone who mistreats one of the people with whom he lives in the same residence is sentenced to imprisonment from two months to one year.
(2) under the Administration or larger, to read, look, maintain or profession or the person is obliged to teach art, with nature disciplinary authority about finishing where the person abusing, up to one year's imprisonment.
Violation of obligations arising from family law
Article 233: (1) A person who fails to fulfill his obligation to provide care, education or support arising from family law is sentenced to imprisonment of up to one year, upon complaint.
(2) Anyone who is ashamed to know that he is pregnant or who abandons an unmarried woman whom he constantly knows he has been pregnant with and whom he has conceived is given a prison sentence of three months to one year.
(3) guardianship rights removed, though, habitual drunkenness, use of narcotic or psychotropic substances or as a result of the degrading attitude and movements material and spiritual care deficiency due to children's morality, security and health severely endanger the mother or father, to one year from three months imprisonment.
Child abduction and detention
Article 234: (1) In the event that a parent, whose custody has been taken away, or a third degree blood relative, abducts or detains a child who has not completed the age of sixteen without the use of force or threat, from a parent, guardian or person under his care and supervision, for a period of three months to one year. sentenced to imprisonment.
(2) If the verb has been processed using algebra or threat, or if the child has not yet completed the age of twelve, the penalty shall be increased at a solid rate.
(3) A person who keeps a child who leaves the house without the knowledge or consent of his legal representative, even with his consent, without informing his family or the competent authorities, is sentenced to imprisonment from three months to one year, upon complaint.
CHAPTER NINE: Economy, Industry and Trade Crimes
Mixing the tender
Article 235: (1) Any person who confuses tenders for the purchase or sale of goods or services or leases and construction tenders on behalf of public institutions or organizations is sentenced to imprisonment from three years to seven years.
(2) The tender shall be considered mixed with:
a) with fraudulent behavior;
1. To prevent the persons who have the competence or conditions to participate in the tender from participating in the tender or the processes in the tender process,
2. To ensure that people who do not have the competence or conditions to participate in the tender participate in the tender,
3. Excluding the proposed goods by betting, even though they do not have the qualifications specified in their specifications,
4. To consider the offered goods by betting, even though they do not have the qualifications specified in their specifications.
b) To ensure that others have access to information that is related to the proposals and which should be kept confidential in accordance with the procurement legislation or specifications.
c) Prevent persons who have the competence or conditions to participate in the tender by means of algebra or threat or other unlawful conduct, from participating in the procurement, in the proceedings during the tender process.
d) to make open or confidential agreements between the parties who wish to participate in the tender or to participate in the tender conditions and especially to influence the price.
(3) The offense of bid rigging;
a) If it is committed by using algebra or threat, the lower limit of the basic penalty cannot be less than five years. However, if the crime of intentional injury or threat occurs, which requires more severe punishment, it is also punished for these crimes.
b) If no damage has occurred in terms of the relevant public institution or organization as a result of its processing, the offender shall be sentenced to one to three years' imprisonment, excluding the cases specified in subparagraph (a) of this paragraph.
(4) Persons who provide benefits to the tender due to misconduct shall also be penalized in accordance with the relevant offense.
(5) The above paragraph provisions, public institutions or organizations via made to increment or decrement and public institutions of quality in professional organizations, with the participation of public institutions or organizations or professional organizations in the public nature established companies, operating executive who trust in their house, public interest associations or in the event that the goods or services made on behalf of the cooperatives are mixed in the purchase or sale of the goods or in the lease.
Mixing the execution of mischief
Article 236: (1) A person who misleads the performance of an act undertaken against public institutions or organizations, professional organizations in the nature of public institutions, companies established with their affiliates, foundations operating under them, associations or cooperatives working for the public benefit, shall be sentenced to imprisonment from three to seven years. punished with
(2) If the following verbs are fraudulent, the performance of the act is considered mischievous:
a) The delivery or acceptance of any goods other than the goods specified in the tender decision or contract.
b) Submission or acceptance of missing goods from the amount specified in the tender decision or contract.
c) Acceptance of the act as if it had been carried out, although the performance was not fulfilled in the tender decision or in the period specified in the contract.
d) Acceptance of works or materials used in construction contracts, even if they are not in accordance with the conditions, quantity or qualifications specified in the specification or contract.
e) Acceptance of the service as a service, although it is not given or incomplete in accordance with the conditions specified in the tender decision or contract.
(3) Persons who provide benefits in connection with the misconduct of the performance of the act are also punished according to the related offense.
Influencing prices
Article 237: (1) Anyone who spreads false news or information or resorts to other fraudulent methods in a way that may result in an increase or decrease in the value of workers' wages or food or goods shall be sentenced to imprisonment from one to three years and a judicial fine.
(2) If the value of food or goods or workers' wages increase or decrease as a result of the act, the penalty is increased by half.
(3) If the offender is a licensed broker or stockbroker, the penalty is also increased by half.
Lack of necessary things to the public
Article 238: (1) Any person who, by failing to fulfill his/her commitment, causes the disappearance or significant reduction of goods or foods necessary for public institutions and organizations or public service or for the prevention of a general disaster, is sentenced to imprisonment from one year to three years and a judicial fine up to a thousand days.
Disclosure of trade secret, banking secret or customer secret information or documents
Article 239: (1) A person who gives or discloses to unauthorized persons the information or documents in the nature of trade secret, banking secret or customer secret of which he is familiar due to his qualifications or duty, profession or art is punished with imprisonment from one year to three years and a judicial fine up to five thousand days. punished with If this information or documents are given or disclosed to unauthorized persons by persons who obtained them illegally, a penalty shall be imposed according to this paragraph.
(2) The provisions of the first paragraph shall also apply to information on scientific discoveries and inventions or industrial practice.
(3) The secrets, revealed to living in Turkey if a stranger or its officers, the penalty shall be increased by one-third of the perpetrator. In this case, the complaint condition is not sought.
(4) A person who is compelled to disclose information or documents that fall within the scope of this Article by using algebra or threats shall be punished with imprisonment from three to seven years.
Avoiding sale of goods or services
Article 240: (1) A person who causes an urgent need for the public by refraining from selling a certain good or service shall be punished with imprisonment from one to three years.
Usury
Article 241: (1) A person who lends money to someone else for profit is sentenced to imprisonment from two years to five years and a judicial fine up to five thousand days.
Implementation of security measures about legal entities
Article 242: (1) Security measures specific to these legal entities, whose benefits are provided unfairly by committing the crimes in this section, shall be imposed.
CHAPTER TEN: Crimes in Informatics
Entering the information system
Article 243: (1) Any person who illegally enters or remains in the whole or part of an information system is sentenced to imprisonment of up to one year or a judicial fine.
(2) In the case of processing the systems for the benefit of the charges defined in the above paragraph, the penalty shall be reduced to the half rate.
(3) If the data contained in the system is destroyed or changed due to this act, a penalty of six months to two years shall be imposed.
(4) Any person who unlawfully monitors data transmissions within an information system or between information systems, without entering the system, through technical means, is sentenced to imprisonment from one year to three years.
Block, disrupt, destroy or modify the system
Article 244: (1) A person who hinders or disrupts the operation of an information system is punished with imprisonment from one year to five years.
(2) Anyone who disrupts, destroys, changes, or makes access to data in an information system, places data into the system, and sends the existing data to another location, shall be sentenced to imprisonment from six months to three years.
(3) If these acts are handled on a bank or credit institution or an information system of a public institution or organization, the penalty shall be increased by half.
(4) In the event that a person's unfair interest in the benefit of himself or someone else does not constitute another crime by the processing of the acts defined in the above paragraphs, he is sentenced to two years and six years of jail and up to five thousand judicial fines.
Bank or credit card misuse
Article 245: (1) If a person who seizes or holds a bank or credit card belonging to someone else, for any reason, uses it or makes someone else use it without the consent of the card holder or the person to whom the card should be given, imprisonment from three years to six years. shall be punished with a judicial fine of up to five thousand days.
(2) The person who produces, sells, transfers, purchases or accepts a fake bank or credit card in association with bank accounts of others is punished with imprisonment from three years to seven years and a judicial fine of up to ten thousand days.
(3) A person who benefits himself / herself or someone else by using a bank or credit card that has been fake or fraudulent is punished with a prison sentence of four to eight years and a judicial fine of up to five thousand days, unless the act constitutes another crime requiring more severe punishment.
(4) In the first paragraph of the offense;
a) One of the spouses who were not separated in their rights,
b) one or more of the relatives of the supersubject or the sub-member, or of such ancestors,
c) If one of the siblings living together in the same residence is committed to his detriment, no penalty is imposed on the related relative.
(5) Regarding the acts within the scope of the first paragraph, the provisions of this Law regarding the offenses against the assets shall be applied.
Prohibited devices or programs
Article 245/A – (1) A device, computer program, password or other security code; In the event that it is made or constituted exclusively for the commission of crimes in this Section and other crimes that can be committed through the use of information systems as a tool, it manufactures, imports, forwards, transports, stores, accepts, sells, offers for sale, purchases, The person who gives or keeps it is punished with imprisonment from one year to three years and a judicial fine up to five thousand days.
Implementation of security measures about legal entities
Article 246: (1) Security measures specific to these legal entities, whose benefits are provided unfairly by committing the crimes in this section, shall be imposed.
PART FOUR: Crimes Against the Nation and the State and Final Provisions
CHAPTER ONE: Crimes Against the Reliability and Functioning of the Public Administration
Debit
Article 247: (1) A public official whose possession has been transferred to him due to his duty or who embezzles the property for which he is responsible for the protection and supervision of himself or someone else is sentenced to imprisonment from five years to twelve years.
(2) If the offense is committed through fraudulent conduct to ensure that the embezzlement is not revealed, the penalty shall be increased by half.
(3) If the offense is committed to be returned after the temporary use of the goods, the penalty shall be reduced to half the rate.
Effective regret
Article 248: (1) If the embezzled property is returned in its original form or the damage suffered is fully compensated before the investigation begins, two-thirds of the penalty to be imposed is reduced.
(2) Before the prosecution begins, the half of the penalty shall be reduced in case the goods which are embezzled are returned in full or the compensation is fully compensated. If effective regret occurs before the end of the sentence, one third of the penalty shall be deducted.
A case requiring less punishment
Article 249: (1) Due to the low value of the property that is the subject of the crime of embezzlement, the penalty to be imposed is reduced from one third to one half.
extortion
Article 250: (1) A public official who compels a person to benefit himself or another person or to make a promise in this way by abusing the influence of his office is sentenced to imprisonment from five years to ten years. In the face of the unfair attitudes and behaviors of the public official, the existence of a coercion is accepted if the person has provided a benefit to the public official or the person he or she will direct, by feeling compelled, with the fear that his rightful work will not be done at all or at least on time.
(2) A public official convicted of fraudulent conduct of his or her duty by misconduct, a person who convinces a person to benefit or give promises to himself or to others, shall be sentenced to imprisonment of three years to five years.
(3) If the offense defined in the second paragraph has been processed by taking advantage of the mistake of the person, a sentence of one to three years shall be sentenced.
(4) Considering the value of the benefit and the economic situation of the victim, the penalty to be imposed according to the above paragraphs may be reduced by half.
Neglect of the audit task
Article 251: (1) A public official responsible for supervision who deliberately turns a blind eye to the commission of the crime of embezzlement or extortion is held responsible as the joint perpetrator of the crime.
(2) The public official, who neglects the duty of imprisonment, shall be sentenced to imprisonment from three months up to three years.
Bribe
Article 252: (1) Persons who benefit directly or through a mediator to a public official or other person to show him / her through a mediator shall be sentenced to imprisonment from four to twelve years in order for him / her to perform a job related to the performance of his / her duties.
(2) The public official who directs himself / herself to, or to another person to be shown by, the mediator shall also be punished by the penalty specified in the first paragraph, in order to prevent him / her from doing or doing a job related to the performance of his / her duty.
(3) In case of agreement on bribery, the penalty shall be imposed as if the crime was completed.
(4) The penalty to be imposed in accordance with the provisions of the first and second paragraphs is reduced by half, if the public official requests a bribe and but is not accepted by the person, or if the person offers or promises the benefit to the public official, but is not accepted by the public official. .
(5) The person who mediates the bribery proposal or request to the other party, the provision of the bribe agreement or the provision of the bribery shall be punished as a common perpetrator, irrespective of whether he has the title of public official or not.
(6) The official who accepts the benefit of the third party or legal entity who is indirectly benefited in the bribery relationship shall be punished as a collective agent, irrespective of whether he has the title of public official or not.
(7) A person who receives or claims a bribe or agrees on this matter; In case of judicial duty, arbitrator, expert, notary public or certified public accountant, the penalty shall be increased by one third to one half.
(8) Provisions of this article;
a) Public institutions, professional organizations,
b) Companies established with the participation of public institutions or organizations or professional organizations of public institutions,
c) foundations performing activities within the body of public institutions or organizations or professional organizations which are public institutions,
d) associations working in the public interest;
e) Cooperatives,
f) Providing, offering or promising benefits, directly or through intermediaries, to persons acting on behalf of public joint stock companies, regardless of whether they are public officials or not, for the purpose of performing or not performing a job related to the performance of their duties; requested or accepted by such persons; mediating them; It is also applied in the event that a benefit is provided to another person due to this relationship.
(9) Provisions of this article;
a) to public officials elected or appointed in a foreign State,
b) Judges, jury members or other officials working in international or transnational courts or foreign state courts,
c) to members of the international or supra-national parliament;
(d) to persons who carry out a public activity for a foreign country, including public institutions or public enterprises,
e) Citizens or foreign arbitrators appointed within the framework of the arbitration procedure applied for the purpose of solving a legal dispute,
f) To the officials or representatives of international or supranational organizations established on the basis of an international agreement, for the purpose of performing or not performing a job related to the performance of their duties, or obtaining or maintaining a job or an unfair advantage due to international commercial transactions; It is also applied in cases where benefits are obtained, offered or promised directly or through intermediaries, or if they are requested or accepted by them.
(10) The bribery offense covered by the ninth paragraph is committed by a foreigner;
a) in Turkey,
b) a public institution in Turkey
c) a private legal entity established under Turkish law,
d) Giving, offering or promising a bribe, in case a Turkish citizen is committed to a dispute to which he is a party or for the execution or failure of a transaction regarding these institutions or persons; accepting, soliciting, offering or promising a bribe; mediating them; Ex officio investigation and prosecution shall be made against persons who are provided with benefits due to bribery, if they are in Turkey.
Implementation of security measures about legal entities
Article 253: (1) Security measures specific to these legal entities, whose benefits are provided unfairly by committing the crime of bribery, shall be imposed.
Effective regret
Article 254: (1) If the person receiving the bribe delivers the subject matter of the bribe to the competent authorities before the official authorities learn about the situation, no penalty shall be imposed on him/her for the crime of bribery. If a public official who has agreed with someone else to take a bribe informs the authorities about the situation before the official authorities learn about the situation, he will not be punished for this crime.
(2) If the person who gives a bribe or who has come to an agreement with a public official on this matter informs the competent authorities about the situation out of remorse before the situation is learned by the official authorities, he is not punished for the crime of bribery.
(3) If the other persons who participated in the crime of bribery inform the competent authorities about the situation with remorse before the situation is learned by the official authorities, they are not punished for this crime.
(4) The provisions of this article do not apply to persons who bribe foreign public officials.
Trading of influence
Article 255: (1) Any person who directly or through intermediaries provides a benefit to himself or another person to attempt to have an unfair action performed, on the ground that he has influence over a public official, is sentenced to imprisonment from two years to five years and a judicial fine up to five thousand days. . If the person is a public official, the prison sentence to be imposed is increased by half. A person who provides benefits in return for having his job done or with the expectation that he will be done is punished with imprisonment from one year to three years.
(2) Even if an agreement is reached on the provision of benefits, a penalty shall be imposed as if the offense was completed.
(3) In the case of claiming the benefit for the purpose specified in paragraph 1, but not accepting it or making an offer or promise of interest, but not accepting it, the penalty according to the provisions of the first paragraph shall be reduced by half.
(4) The person who mediates the crime of penetration trade shall be punished with the penalty specified in the first paragraph.
(5) The authorities who accept the benefit of the third real person or the legal person who is indirectly benefited in the relationship of influence trade shall be punished by the penalty specified in the first paragraph.
(6) Where an attempt is made to engage in an offense, the offender shall also be punished for such offense.
(7) The provisions of this article are also applied in case of influence trading on the persons listed in the ninth paragraph of article 252. If they are in Turkey, regardless of whether they are citizens or foreigners, ex officio investigations and prosecutions are made.
Exceeding the limit on the use of force
Article 256: (1) In the event that a public official authorized to use force uses force against persons outside of the extent required by his/her duty, the provisions regarding the crime of willful injury shall apply.
Misconduct
Article 257: (1) Except for the cases defined as a crime in the law, a public official who, by acting contrary to the requirements of his duty, causes the victimization of persons or harms the public or provides an unfair advantage to persons, is sentenced to imprisonment from six months to two years.
(2) In addition to the crime, the public official, who causes negligence or delay in fulfilling the requirements of his / her duty or causes an unjustified benefit to the persons or gives an unfair advantage to the persons, shall be sentenced to imprisonment from three months to one year.
(3) (Abolished clause)
Disclosure of the secret for the task
Article 258: (1) A public official who discloses or publishes documents, decisions, orders and other notifications given to him due to his duty or for the same reason, which must be kept confidential, or who makes it easier for others to obtain information by any means, is sentenced to imprisonment from one year to four years.
(2) After the term of public official, the person who handles the written acts in the first paragraph is given the same penalty.
Trade of the public official
Article 259: (1) A public official who tries to sell goods or services to another person by taking advantage of the influence provided by his/her job is sentenced to imprisonment of up to six months or a judicial fine.
Absence of public duty or not
Article 260: (1) Any public official who unlawfully and collectively abandons his duties, does not come to office, does not perform or slows down his duties, albeit temporarily, in whole or in part, is sentenced to imprisonment from three months to one year. No penalty shall be imposed if the number of public officials is not more than three.
(2) In the event that public officials have to leave temporary or short-term jobs or slow down the service in a way that will not interfere with the professional and social rights, the penalty may be reduced or the penalty may not be given.
Improper savings on people's property
Article 261: (1) A public official who takes possession of the movable or immovable property of persons by force, knowing that it is contrary to the conditions set forth in the relevant laws, is punished with imprisonment from six months to two years, unless the act does not constitute a crime requiring a heavier penalty.
Illegal assumption of public duty
Article 262: (1) Any person who attempts to fulfill a public duty in violation of the laws and regulations or continues his duty even though he has been given an order to leave, is sentenced to imprisonment from three months to two years.
Unlawful educational institution
Article 263 – (Abolished article)
Improper use of special signs and clothing
Article 264: (1) Anyone who wears the official dress of a rank or public office or profession, without authorization, publicly and deceiving others, or who wears medals or medals without the right, is sentenced to imprisonment from three months to one year.
(2) If a crime is committed by taking advantage of the convenience and facilities of the suit, only the penalties mentioned in the above paragraph shall be increased by one third due to this act.
Resistance
Article 265: (1) A person who uses force or threat against a public official to prevent him from performing his duty is sentenced to imprisonment from six months to three years.
(2) If the offense is committed against judicial staff, a sentence of two to four years shall be imposed.
(3) If the offense is committed by one person or by more than one person, the penalty shall be increased by one third.
(4) In the event that the offense is committed by means of weapons or by the fearful power of existing or suspected criminal organizations, the penalty according to the above paragraphs shall be increased by half.
(5) In the event of the aggravation of the offense resulting from the intent of the offense of intentional injury, the provisions of the offense of intentional injury shall also be applied.
Using the tools and materials of public duty on crime
Article 266: (1) The penalty to be imposed on a public official who uses the tools and equipment he has in his possession due to his duty during the commission of a crime, is increased by one third if the title of public official is not taken into account in the definition of the relevant crime.
CHAPTER TWO: Crimes Against Courthouse
Slander
Article 267: (1) A person who accuses a person of an unlawful act in order to initiate an investigation and prosecution or to impose an administrative sanction, even though he knows that he has not committed it, by declaring or complaining to the competent authorities, or through the press and broadcasting, is sentenced to imprisonment from one year to four years. punished with
(2) If the act is slandered by keeping the material works and evidence, the penalty is increased by half.
(3) The penalty imposed on the above-mentioned paragraphs shall be increased by half if the protection against the victim was not committed due to the decision of acquittal or detention and arrest of the victim.
(4) In case the victim has been taken into custody or detained on the basis of the decision for acquittal decision or prosecution due to the fact that it has not been processed, The libel is also held accountable as an indirect perpetrator under the provisions of the offense of depriving the person of his or her liberty.
(5) If the victim is sentenced to aggravated life imprisonment or life imprisonment, to imprisonment from twenty years to thirty years; judged.
(6) If the prison sentence imposed by the victim is started, the penalty to be imposed according to the fifth paragraph is increased by half.
(7) (Annulled clause: Constitutional Court dated 17.11.2011 and E. 2010/115, K. 2011/154)
(8) The statute of limitations due to the defamation offense starts from the date when the victim was not actually committed.
(9) The verdict of conviction made for libel is committed through the press and broadcast, with the same or equivalent press and broadcasting body. Announcement fee is collected from the convict.
Use of someone's identity or credentials
Article 268: (1) Anyone who uses someone else's identity or identity information in order to prevent investigations and prosecutions against him due to the crime he has committed is punished in accordance with the provisions regarding the crime of slander.
Effective regret
Article 269: (1) If the slanderer relinquishes his slander before the judicial or administrative investigation begins against the victim, four-fifths of the penalty to be imposed on him for slander is reduced.
(2) In the case of a swindle before the prosecution begins, three-quarters of the punishment for libel is reduced.
(3) Effective regret;
a) Two thirds of the penalty to be imposed on the victim, before the
b) Half of the sentence to be imposed if the victim occurs after the conviction,
c) In case the execution of the sentenced sentence is started, one third of the sentence to be imposed may be reduced.
(4) For the purpose of the imposition of the exclusive sanctions imposed on the object of administrative sanctions;
a) half of the fine to be imposed on effective regret before the decision on the administrative sanction is decided,
b) In case of effective repentance after the administrative sanction is applied, one third of the penalty to be imposed may be reduced.
(5) In order to benefit from effective repentance provisions due to slander made through the press and broadcast, it must be published in the same way.
Crime
Article 270: (1) Anyone who falsely reports to the competent authorities that he has committed or participated in a crime is sentenced to imprisonment of up to two years. In case this crime is committed in order to save the superior, subordinate, spouse or brother from punishment; Three quarters of the penalty to be imposed can be reduced or completely lifted.
Crime fitting
Article 271: (1) Anyone who reports a crime that he knows has not been committed to the competent authorities as if it has been committed, or fabricates the evidence or signs of a crime that has not been committed in a way that will enable an investigation to be carried out, is sentenced to imprisonment of up to three years.
The lie witness
Article 272: (1) Any person who falsely testifies before the committee or the person authorized to hear a witness within the scope of an investigation initiated due to an unlawful act is sentenced to imprisonment from four months to one year.
(2) Any person who is a witness before the court or who has witnessed to the Board of Directors before the court or the person who is legally authorized to hear an oath shall be sentenced to imprisonment of one to three years.
(3) Sentenced to two to four years' imprisonment for the perpetrator of a criminal investigation or prosecution of a crime that requires a prison sentence of more than three years.
(4) If the protection test has been carried out other than the detained and detained person, the penalty to be imposed according to the above paragraphs shall be increased by half, provided that it has been decided that there is no place for acquittal or prosecution due to the fact that it has not been processed.
(5) In case of detention or detention of the person witnessed against him; provided that it has been decided that there is no place for acquittal or prosecution due to the fact that it has not been processed; The perpetrator of the testimony shall also be held responsible as an indirect agent in accordance with the provisions of the offense of depriving him of his liberty.
(6) In case the person who testifies against is sentenced to aggravated life imprisonment or life imprisonment, to imprisonment from twenty years to thirty years; judged.
(7) If the execution of the prison sentence against which the person who is being witnessed is started, the penalty to be imposed according to the sixth paragraph is increased by half.
(8) If a judicial or administrative sanction has been imposed on the person against whom the witness is given, other than imprisonment; the witness is punished with imprisonment from three to seven years.
The reasons for personal impunity or reduction of punishment
Article 273: (1) The person;
a) to make a false statement about a matter which may cause him to be investigated and prosecuted,
b) Although he has the right to be wary of the testimony, he shall testify against this fact without warning to him;
In case the penalty to be imposed can be reduced or punished.
(2) The provision of the first paragraph shall not apply in cases of false witnesses under private law disputes.
Effective regret
Article 274: (1) No penalty shall be imposed if a decision is rendered that will result in a restriction or deprivation of rights or if the truth is told before the judgment is made about the person against whom the witness is testified.
(2) After the verdict of the person who witnessed against him / her is decided to result in a right restriction or deprivation, but in the case of the truth before the sentence, up to two-thirds of the penalty shall be deducted.
(3) If the truth is told before the conviction decision against the person who is being witnessed against it is finalized, up to one third of the sentence can be deducted.
Swear to lie
Article 275: (1) The plaintiff or the defendant who swears perjury in civil cases is sentenced to imprisonment from one year to five years.
(2) If the truth is said before the case is decided, the penalty shall not be imposed.
(3) If the truth is said before the execution or finalization, the penalty shall be reduced by half.
Expert advice or interpreting
Article 276: (1) If the person authorized by the judicial authorities or the legal authority to conduct an investigation or to hear witnesses under oath, or an expert appointed by the board, gives a false opinion, he is sentenced to imprisonment from three years to seven years.
(2) If the interpreter appointed by the persons or committees referred to in the first paragraph does not translate the statements or documents in a false manner, the provision of the first paragraph shall apply.
The judge, the expert or the attempt to influence the witness
Article 277: (1) In order to prevent the emergence of the truth or to create an injustice in a pending case, in order to make a decision or to establish an action or to make a statement that will result in favor or against the party of the case, the accused, the participant or the victim, the judicial officer, the expert or anyone who tries to unlawfully influence the witness is punished with imprisonment from two to four years. If the attempt does not exceed the degree of favor, the penalty to be imposed is from six months to two years.
(2) If the offense constituting the offense in the first paragraph constitutes another offense, the penalty to be imposed in accordance with the provisions of the opinion shall be increased by half.
Failure to report crime
Article 278: (1) A person who does not report a crime to the competent authorities shall be sentenced to one year of imprisonment.
(2) Anyone who has been committed but has not informed the competent authorities of an offense with which it is still possible to limit the consequences of its consequences shall be punished in accordance with the provisions of the above paragraph.
(3) If the victim is a child who has not completed the age of fifteen, physically or mentally disabled or who is unable to defend himself due to his pregnancy, the penalty to be imposed according to the above paragraphs is increased by half.
(4) No punishment shall be imposed for persons who may withdraw from witnesses. However, the provisions on criminal liability are reserved for the existence of an obligation to prevent crime.
The public official does not report the crime
Article 279: (1) Any public official who learns in connection with his duty that a crime that requires investigation and prosecution has been committed on behalf of the public, and neglects to notify the competent authorities or delays in this regard, is sentenced to imprisonment from six months to two years.
(2) If the crime is committed by the person performing the judicial law enforcement duty, the penalty to be imposed according to the above paragraph is increased by half.
Health professionals do not report the crime
Article 280: (1) A healthcare professional who does not report the situation to the competent authorities or delays in this matter despite encountering an indication that a crime has been committed while performing his duty, is sentenced to up to one year in prison.
(2) Medical professions are defined as physicians, dentists, pharmacists, midwives, nurses and other healthcare providers.
Destroy, hide or replace crime evidence
Article 281: (1) Any person who destroys, deletes, conceals, changes or corrupts the evidence of a crime in order to prevent the truth from being revealed is punished with imprisonment from six months to five years. The person cannot be punished in accordance with the provisions of this paragraph in relation to the crime that he/she committed or participated in.
(2) If the offense is committed by the public official in connection with his / her duty, the penalty shall be increased by half.
(3) Fourths of the penalty shall be deducted for the person who submitted the evidences which had been concealed before the court decision to the court.
Money laundering
Article 282: (1) The person who takes the assets resulting from a crime with a lower limit of imprisonment of six months or more, or who subjects them to various transactions in order to hide their illegitimate source or to give rise to the opinion that they were obtained in a legitimate way, is sentenced to imprisonment from three years to seven years. and a judicial fine of up to twenty thousand days.
(2) A person who buys, accepts, possesses or uses the value of the property, which is the subject of this crime, knowingly, without participating in the commission of the crime in the first paragraph, is sentenced to imprisonment from two years to five years.
(3) If this offense is committed by a public official or by a person of a certain profession during the execution of this profession, the penalty shall be increased by half.
(4) In the event that this offense is committed within the scope of the activity of an organization established to commit a crime, the penalty shall be increased one fold.
(5) Due to the processing of this crime, legal measures specific to these persons are determined.
(6) Before the start of prosecution for this offense, the offense shall not be imposed on the person who provides the seizure of the assets of the offense or facilitates his / her capture by informing the competent authorities of the crime.
Guidance of the culprit
Article 283: (1) Anyone who provides an opportunity for a person who has committed a crime to be freed from the search, arrest, arrest or execution of the sentence is sentenced to imprisonment from six months to five years.
(2) If the offense is committed by the public official in connection with his / her duty, the penalty shall be increased by half.
(3) In the event that this offense is committed by the superscript, sub-member, spouse, brother or other accomplice, the sentence shall not be imposed.
Not to report detained, convicted or criminal evidence
Article 284: (1) Any person who does not notify the competent authorities, despite knowing the whereabouts of a convicted person or for whom a warrant of arrest has been issued, is sentenced to imprisonment of up to one year.
(2) Anyone who does not notify the competent authorities of the facts, despite the evidence of a crime and the place where the works are kept by others, shall be punished according to the provisions of the above paragraph.
(3) If these offenses are committed by the public official in connection with his / her duties, the penalty shall be increased by half.
(4) In the event that these offenses are committed by superscripts, sub-consuls, spouses or siblings, the penalty shall not be imposed.
Violation of confidentiality
Article 285: (1) Persons who publicly infringe the confidentiality of the investigation shall be sentenced to imprisonment for a period of one to three years or for a fine. For this crime to occur;
a) violation of the right of confidentiality or the confidentiality of the communication or the privacy of private life by disclosing the content of the transaction carried out in the investigation phase,
b) The explanation made regarding the content of the transaction made during the investigation phase must be suitable to prevent the material truth from being revealed.
(2) Any person who violates the confidentiality of the decisions taken in the investigation phase and the persons who are the parties to the investigation and the confidentiality of the proceedings as a result of them, shall be punished with imprisonment for a period of one to three years.
(3) The person who violates the disclosure at the hearing or the confidentiality of the images shall be punished according to the provisions of the first paragraph. However, in order for this crime to occur, it is not necessary to realize publicity in terms of violation of the confidentiality decision taken regarding the protection of the witness.
(4) The offense defined in the above paragraphs shall be increased by half of the penalty if it is handled by the public official's convenience.
(5) In the case of investigation and prosecution in the form of images of people to be perceived as guilty, six months to two years imprisonment shall be sentenced.
(6) Investigation of the investigation and prosecution operations without limiting the limits of reporting does not constitute a crime.
Recording sound or images
Article 286: (1) Any person who records or transmits audio or video footage during investigation and prosecution without authorization is sentenced to imprisonment of up to six months.
Genital examination
Article 287: (1) The perpetrator who sends the person for genital examination without the decision of the authorized judge and prosecutor or who carries out this examination is sentenced to imprisonment from three months to one year.
(2) In order to protect public health due to infectious diseases, the provision of the above clause is not applied in terms of examinations carried out in accordance with the provisions stipulated in laws and regulations.
Attempt to influence fair trial
Article 288: (1) Public or verbal statement in order to effect an unlawful decision or an action or to make a false statement in an investigation being carried out or in an investigation being conducted, in order to effect an unlawful influence by a judge, an expert or a witness. shall be punished by a fine of not less than fifty days.
Abuse of storage duty
Article 289: (1) Any person who disposes of the pledged or confiscated property that has been officially delivered to him for preservation, other than the purpose of delivery, is sentenced to imprisonment from three months to two years and a judicial fine of up to three thousand days. If the person owns this property, the penalty to be imposed is reduced by half.
(2) Fourths of the sentences to be imposed on the person who has returned the item which constitutes the subject of the offense defined in the first paragraph before the prosecution starts or, if this is not possible, shall be deducted.
(3) The person who causes the loss or deterioration of the pledged or foreclosed or seized property that has been officially delivered to him for custody, is punished with a judicial fine.
(4) Anyone who uses the handicraft for the purpose of investigating or prosecuting a criminal offense is punished with imprisonment up to one year.
Formal handover and distortion
Article 290: (1) Anyone who seizes immovable properties that have been handed over to their rightful owners is sentenced to imprisonment from three months to one year.
(2) If the goods are taken out of his hand without the consent of the person in the form of a pledge or foreclosure, which is officially handed over to the custodian or seized for any reason, theft, the looting in case of impoundment, the fraud in case of fraudulent, the damage in the case of damage to the property is applied. . If the person is the owner of this property, half of the penalty shall be reduced to three-quarters.
Instead of entering someone else's penitentiary or prison
Article 291: (1) A person who enters a penitentiary institution or detention house by putting himself in the place of a convict or detainee is sentenced to imprisonment from six months to two years.
The escape of the convict or prisoner
Article 292: (1) Any prisoner or convict who escapes from the detention house, penitentiary institution or the officers under his supervision is sentenced to imprisonment from six months to one year.
(2) If this offense is committed using algebra or threat, a sentence of one to three years shall be imposed.
(3) In the event that this offense is committed by armed or convicted prisoners, the offense shall be increased by one fold.
(4) In the event that the offense of intentional injury is committed during the processing of this offense, or if the crime of intentional killing is committed or the property is harmed, a penalty shall be imposed pursuant to the provisions of these offenses.
(5) The provisions written in this article also apply to convicts who are employed outside the penal institution and those whose prison terms are converted from judicial fines.
(6) (Abolished clause)
Effective regret
Article 293 - (1) (...) In case the detainee or convict spontaneously surrenders by showing effective regret after he fled, from six to six to one sixth of the sentence will be deducted, taking into account the time from the day he fled. However, if the escape period exceeds six months, the penalty is not reduced.
Allowance to escape
Article 294 - (1) The person who ensures that the detainee or detainee escape is punished with imprisonment from one year to three years.
(2) The prisoner will be sentenced to imprisonment of two years to five years, depending on the length of the prison sentence. However, the convict's penalty;
a) Life imprisonment, from five to eight years,
b) Aggravated life imprisonment is sentenced to imprisonment from eight years to twelve years.
(3) If these offenses are committed using algebra or threats, the penalty shall be increased by one third.
(4) In case of more than one person, the penalty shall be increased by one to three times.
(5) If these offenses are committed by persons in custody, in custody or in custody or in custody, the penalty shall be increased by one third.
(6) In the event that these offenses are committed by the superscript, sub-cons, spouse or brother, the penalty shall be reduced by one third.
(7) In the event that the offense of intentional assault is committed during the offense of such offenses, or if the offense of intentional killing is committed or the property is harmed, a penalty shall be imposed according to the provisions of these offenses.
(8) If detained, imprisoned, prisoner or the person in charge of the transfer by taking advantage of the obligation of attention and care from the act of escape, six months to three years shall be sentenced to imprisonment.
Abuse of the guard
ARTICLE 295 - (1) In cases where the detainees, detainees or convicts and those charged with the protection or transportation of the offender act against the requirements of their duties, provisions related to the crime of abuse of duty are applied.
(2) If a person in custody or transfer has been allowed to move away from the place of detainee or convict who has been detained in breach of the requirements of his duty; He is sentenced to imprisonment from six months to two years.
(3) Where detained, detained or convicted on the basis of this opportunity to escape, deliberate provision to escape deliberately apply provisions.
The uprising of convicts or detainees
Article 296 - (1) In case of convicts or detainees collectively rebelled, each is sentenced to six months to three years in prison. If the number of convicts or detainees is not more than three, no penalty is imposed for this crime.
(2) In the event of further offenses during the insurrection, punishment shall be imposed according to the provisions of these offenses.
Forbidden objects to the enforcement institution or prison
Article 297 - (1) A person who introduces or possesses a gun, drugs or stimulant or electronic communication tool in the execution institution or detention center is punished with imprisonment from two years to five years. If the article that constitutes the subject of this crime is a separate crime; The penalty to be determined in accordance with the provisions of intellectual abuse is increased by half.
(2) (Cancelled paragraph: Constitutional Court dated 07/07/2011 and E. 2010/69, K. 2011/116) (revised paragraph: 24.11.2016 – SK 6763/Article 20) Out of the scope of the first paragraph;
a) All kinds of tools and materials to facilitate the
b) Any kind of attack and defense means and fire-fighting equipment,
c) any beverage containing alcohol,
d) goods and materials that allow gambling to be played,
e) Subject to the offenses prescribed by 188,
f) Publications, posters, banners, paintings, symbols, signs, documents and similar materials and organizational communication means, which are prohibited by courts or represented by criminal courts,
g) Except for those permitted by the competent authorities, a person who puts in, keeps or uses the means of obtaining sound and images in a penitentiary institution or detention center is sentenced to imprisonment from one year to three years.
(3) If the offenses defined in the first and second paragraphs are committed by the persons charged with the custody of the convicts or detainees, the penalty shall be increased one fold.
(4) If the convict or detainee, who holds or uses the article which constitutes the subject matter of the offenses defined in one and the second paragraphs, gives information about who and what it obtains, the penalty shall be reduced by half.
Preventing rights use and nutrition
ARTICLE 298 – (1) Convicts and detainees in penitentiary institutions and detention houses are allowed to communicate, meet with their visitors, participate in education and sports, vocational training, workplace activities and other social and cultural activities within the framework of improvement and training programs, be examined and treated by the institution's physician, defender or those who prevent them from appointing or meeting with lawyers, going to the courts or the Chief Public Prosecutor's Office, meeting with the officials of the institution, and encouraging the convicts and detainees to commit these acts, giving instructions to convicts and detainees, Those who prevent all kinds of meeting and contact opportunities are punished with imprisonment from one year to three years.
(2) A prison sentence of between two years and four years shall be imposed on those who prevent convicts and detainees. The encouragement or persuasion of convicts and detainees to hunger strike or death fast or to give instructions to them in this way is considered to be the prevention of nutrition.
(3) In the case of death or deliberate death due to deliberate injury, the punishment shall be imposed in accordance with the provisions of the offenses of intentional assault or intentional killing.
CHAPTER THREE: Crimes Against State Sovereignty Signs and the Dignity of Their Organs
Insulting the President
Article 299 - (1) The person insulting the President is punished with imprisonment from one year to four years.
(2) (Amended paragraph: 29.06.2005 – 5377 SK/Article 35) In case the crime is committed publicly, the penalty to be imposed is increased by one sixth.
(3) Prosecution of this offense is subject to the permission of the Minister of Justice.
To denigrate the signs of sovereignty of the state
Article 300 - (1) The person who tears, burns or otherly and publicly humiliates the Turkish Flag is punished with imprisonment from one year to three years. This provision flag bearing a white crescent and star on the properties specified in the Constitution of the Republic of Turkey and used as symbols of sovereignty is applied on all kinds of signs.
(2) The person who publicly denigrates the National Anthem shall be sentenced to imprisonment from six months to two years.
(3) If the offenses described in this article are committed by a Turkish citizen in a foreign country, the penalty shall be increased by one third.
Turkish nation, the Republic of Turkey, state institutions and organs humiliation
Article 301 – (Amended article: 30.04.2008 – 5759 SD/Article 1)
(1) Turkish nation, the Republic of Turkey, Turkey Grand National Assembly of the Republic of Turkey, the judicial institutions of the State government and judicial organs person, shall be punished with imprisonment from six months to two years.
(2) The person who publicly degrades the military or law enforcement agency of the state is punished in accordance with the provision of the first paragraph.
(3) Thought explanations for criticism do not constitute a crime.
(4) Investigation of this crime is subject to the permission of the Minister of Justice.
CHAPTER FOUR: Crimes Against State Security
Disrupt the unity of the state and the integrity of the country
Article 302 - (1) (Amended paragraph: 29.06.2005 - 5377 SK/Article 36) To put all or part of the State's territory under the sovereignty of a foreign state or to weaken the independence of the State or to break its unity, or to separate a part of the territory under the sovereignty of the State from the State administration. The person who commits an act against the law is punished with aggravated life imprisonment.
(2) In the event that other offenses are committed during the processing of this offense, the offense shall also be imposed in respect of such offenses.
(3) Security measures specific to the legal entities shall be governed by the crime described in this Article.
Collaborate with the enemy
Article 303 - (1) The Republic of Turkey to accept the state's military service in the event of war, next to an enemy state citizens entering the armed struggle against the Republic of Turkey, shall be punishable with imprisonment for life.
(2) The citizen who undertakes any command in the enemy state army shall be punished with aggravated life imprisonment.
(3) In the event that other offenses are committed during the processing of offenses defined in paragraphs 1 and 2, punishment shall also be imposed pursuant to the relevant provisions for these offenses.
(4) In the time of war, the enemy is on the territory of the state and is obliged to be put into service in the state army, therefore, the penalty is not ruled.
War against the state
ARTICLE 304 – (1) Any person who provokes foreign state officials to wage war or take hostile actions against the Republic of Turkey, or who cooperates with foreign state officials for this purpose, is sentenced to imprisonment from ten to twenty years. (Repealed sentence: 29.06.2005 – 5377 SK/Article 37)
(2) of this Article, the organization formed to commit crimes against the security of the Republic of Turkey supported directly or indirectly, is considered a hostile act.
(3) Security measures specific to the legal entities shall be governed by the crime described in this Article.
Benefit to operate against basic national benefits
ARTICLE 305 – (1) (Amended paragraph: 29.06.2005 – 5377 SK/Article 38) A citizen who directly or indirectly provides material benefit for himself or someone else from a foreign person or organization with the intention or for this reason, to commit acts against fundamental national interests, or A foreigner in Turkey is sentenced to imprisonment from three to ten years and a judicial fine of up to ten thousand days. The same punishment is imposed on the person who provides or promises benefit.
(2) (Amended paragraph: 29.06.2005 – 5377 SK/Article 38) If the act was committed during the war, the penalty to be imposed is increased by half.
(3) If the offense is committed outside the state of war, prosecution is therefore subject to the permission of the Minister of Justice.
(4) From the statement of basic national benefits; independence, territorial integrity, national security and the basic qualities of the Republic as defined in the Constitution.
Collecting troops against foreign state
Article 306 - (1) Turkey will expose the state with the threat of war way, unauthorized, collect soldiers against a foreign state or other hostile the one to five years Located in motion up to twelve years imprisonment.
(2) A verdict is sentenced to life imprisonment if war occurs as a result of the act.
(3) verb, just to disrupt the political relations with foreign State or Government of Turkey or of Turkish citizens would leave if faced with the danger of retaliation given the nature of the offender to two years imprisonment for up to eight years.
(4) If the political relationship is interrupted or retaliation occurs, a prison sentence of three to ten years shall be imposed.
(5) The prosecution of the offense in this article is subject to the permission of the Minister of Justice.
(6) The provisions of this article shall not apply to resistance movements aimed at self-defense against foreign state forces occupying all or part of the territory of the country in the event of actual war.
Destroy military facilities and deal for the benefit of enemy military movements
ARTICLE 307 - (1) Land, sea and air transportation vehicles, roads, institutions, warehouses and other military facilities belonging to the armed forces of the state or given to their service, even if these are not yet completed, partially or completely, or for a temporary period. The person who makes it unusable, is sentenced to six to twelve years' imprisonment.
(2) Your crime;
a) be processed for the benefit of a state which is at war with Turkey,
b) In case the state has put its preparations for war or its war power and ability or military actions in danger, aggravated life imprisonment is imposed.
(3) If the destruction or rendering unusable occurs as a result of the negligence of the person who has or is obliged to protect and observe the building, facility or property mentioned in the first paragraph, or if the crime is facilitated for this reason, that person is sentenced to imprisonment from one year to five years.
(4) including time of war, Turkey's State detriment of the enemy to facilitate troop movements or harm the military action of the State of Turkey with foreign with the aim of an agreement or agreements if the same results occur to bring for acts of the perpetrator to ten years to fifteen years imprisonment.
(5) As a result of the action defined in the fourth paragraph, if the enemy military movements are actually facilitated or the Turkish State's military movements are damaged, the perpetrator is given an aggravated life imprisonment.
(6) The same punishment shall be given to the stranger who has committed the offenses written in paragraphs 4 and 5.
(7) in the above paragraph states that the detriment to the war between Turkey and an alliance or participate in writing the State acts are committed in Turkey also apply to provisions of this article.
Financial and financial assistance to the hostile state
Article 308 - (1) states that a state of war of the Republic of Turkey to the war in all kinds of goods that could be used to the detriment of the Republic of Turkey mutual or unrequited citizens who, directly or indirectly, shall be punished with imprisonment up to fifteen years to five years. This provision also applied to foreigners residing in Turkey.
(2) In time of war, hostile to borrowing for the benefit of the state or whatever reason whatsoever participating in payment or to facilitate transactions for their citizens or foreigners residing in Turkey is given the same punishment.
(3) Even if he started before the war, the written states in the first paragraph, where it was located is found're an enemy state citizens with or enemy states in the territory of sitting on the other one with the Government of Turkey qualified to make a positive impact on the detriment or enemy state of war power, directly or indirectly, traders citizen or Turkey The foreigner who resides in Istanbul is sentenced to prison terms from two to five years and up to ten thousand days.
(4) The provisions of this article shall also be applied if the acts written in the above paragraphs are committed for the benefit of the state which is an alliance or associate for the war between the enemy and the state.
CHAPTER FIVE: Crimes Against Constitutional Order and Its Functioning
Violating the Constitution
Article 309 - (1) by using force and violence, the Republic of Turkey to abolish the scheme envisaged by the Constitution or to bring another order instead of the order or have attempted to prevent the enforcement of this order shall be punished with aggravated life imprisonment.
(2) In the event that other offenses are committed during the processing of this offense, the offense shall also be imposed in respect of such offenses.
(3) Security measures specific to the legal entities shall be governed by the crime described in this Article.
Assassination and actual assault on the President
Article 310 - (1) The person who assassinates the President is punished with aggravated life imprisonment. If an act is attempted, the sentence will be punished as if the crime was completed.
(2) The perpetrator of a criminal offense against the President shall be penalized by a penalty of one percent. However, the penalty cannot be less than five years.
Crime against the legislature
Article 311 - (1) Turkey by using force and violence to the middle of the Grand National Assembly of Turkey Grand National Assembly to remove or task completely or partly aggravated by which they attempt to prevent from making punishable by imprisonment for life.
(2) In the event that other offenses are committed during the processing of this offense, the offense shall also be imposed in respect of such offenses.
Crime against the government
Article 312 - (1) The Government of the Republic of Turkey by using force and violence to do their duty to remove or eliminate anyone who attempted to partially or completely blocking aggravated life imprisonment awarded.
(2) In the event that other offenses are committed during the processing of this offense, the offense shall also be imposed in respect of such offenses.
armed rebellion against the Government of Turkey
Article 313 - (1) The people of the Republic of Turkey to anyone who drives an armed rebellion against the government of fifteen years to twenty years imprisonment. When the rebellion takes place, he is sentenced to twenty years to twenty-five years of imprisonment against the incitement.
(2) armed rebellion against the Government of Turkey which administers person, shall be punishable with aggravated life imprisonment. Other persons who participated in the revolt are sentenced to six to ten years' imprisonment.
(3) If the offenses defined in one and the second paragraph are committed by taking advantage of the convenience of the State being in a state of war, an aggravated life sentence shall be imposed.
(4) In the event that other offenses are committed during the processing of offenses defined in one and the second paragraph, the offenses shall be imposed in accordance with the relevant provisions for these offenses.
Armed organization
Madde 314 – (1) A person who establishes or manages an armed organisation in order to commit the crimes set out in the fourth and fifth sections of this section shall be punished with imprisonment from ten to fifteen years.
(2) Members of the organization defined in the first paragraph shall be sentenced to imprisonment from five to ten years.
(3) A person who commits a crime on behalf of the organization, even though he is not a member of the organization, shall be sentenced to imprisonment from five to ten years. Depending on the nature of the crime committed, the sentence may be reduced by up to half.
(4) Other provisions relating to the offense of forming an organization for the purpose of committing a crime are the same in respect of this offense.
Providing weapons
ARTICLE 315 - (1) The person who supplies, transfers or stores weapons by producing, purchasing or introducing them to these organizations, for the purpose of being used in the activities of the organizations defined in the above article, is punished with imprisonment from ten years to fifteen years.
Agreement for Crime
ARTICLE 316 – (1) If two or more persons agree to commit any of the crimes in the fourth and fifth sections of this section, by suitable means, in a manner determined by material facts, they are sentenced to imprisonment from three years to twelve years, depending on the severity of the crimes.
(2) No penalty shall be imposed on those withdrawn from this alliance before the intended crime is committed or the investigation is initiated.
CHAPTER SIX: Crimes Against National Defense
usurpation of military commands
Article 317 - (1) A prison sentence for those who command the command of a soldier continent or navy or warship or combat air fleet or a fortress or fortified place or a military base or facility, a port or city, even though they are not legally authorized or are not civil servant. It is given.
(2) The same penalty shall be imposed on those who are commanders of the places shown above by lawful officials or who are appointed by the State, who do not obey the orders given by the competent authorities to abandon the command.
Cooling the people from military service
ARTICLE 318 – (1) (Amended paragraph: 11.04.2013 – 6459 SK/Article 13) Those who encourage or suggest in a way that will send those who do their military service to desertion or discourage those who will join their military service from doing this service, are sentenced to imprisonment from six months to two years.
(2) If the verb is processed through the press and broadcast, the penalty is increased by half.
Encourage soldiers to disobedience
ARTICLE 319 - (1) Praising or dismissing the soldiers or other persons working under military administration against the law and violating their duties related to disobedience or vows or violating military discipline or military service, and praising acts against the law, vows or discipline or other duties before the soldiers or Those who say they see it well are given a prison sentence of one to three years.
(2) If the act has been committed publicly, it will be sentenced to imprisonment from two to five years.
(3) If the act is committed in time of war, the penalty shall be increased at a solid rate.
Writing and writing military service
ARTICLE 320 - (1) Anyone who writes or armed soldiers from citizens within the country to work in or in favor of a foreign or foreign State service without the government's permission is given a prison sentence of three to six years.
(2) If there are those who are soldiers or in the military from among soldiers or armed, the penalty shall be increased by one third.
(3) Any person who accepts service in the first paragraph shall be sentenced to imprisonment of one to three years.
Do not obey orders in time of war
ARTICLE 321 - (1) Anyone who deliberately violates the orders or decisions of the competent authorities and authorities of the State at the time of war shall be imprisoned from one year to six years.
Obligations in time of war
Article 322 - (1) Ten years to the person who has not partially or completely fulfilled the obligations in the contract they have made in order to do business or supply goods with the State or a public institution or an organization providing public services or providing public needs for the needs of the armed forces of the State or the people at the time of the war. up to a year in prison and a judicial fine up to ten thousand days.
(2) If the failure to fulfill the obligations partially or completely has arisen from the taxpayer, up to three-quarters of the penalty can be deducted.
(3) The same penalties shall apply to the failure of the obligations to be fulfilled in whole or in part by the intermediaries or their representatives who have contracted the principal.
(4) Persons who have been cheated in the fulfillment of obligations during wartime, are sentenced to ten years and fifteen years in prison and up to ten thousand days of fines.
Spreading news lying in battle
ARTICLE 323 - (1) Any person who causes misconduct or exaggerated or private purpose-based apology or news or any activity that may damage the basic national benefits, causing public anxiety and excitement during the war or shaking the spirituality of the people or reducing the country's resistance to the enemy. imprisonment from five to ten years.
(2) If verb;
a) Propaganda,
b) For soldiers,
c) As a result of agreement with a foreigner,
the penalty to be imposed is ten to twenty years in prison.
(3) If the act is committed as a result of an agreement with the enemy, a life imprisonment is imposed.
(4) At the time of the war, anyone who acts to reduce the value of foreign currency or to influence the value of his public papers against the enemy in danger, is punished with imprisonment from five years up to ten years and up to three thousand days.
(5) If the written act in paragraph 4 is processed as a result of agreement with a foreigner, the penalty shall be half; If the deal with the enemy is processed as a result, it is increased at a solid rate.
Neglect of the task related to mobilization
ARTICLE 324 - (1) A public officer who neglects or delays his mobilization duties at the time of peace is sentenced to six months to three years in prison.
Acceptance of titles and similar points from the enemy
Article 325 - (1) academic degree or honor of a state which is at war with Turkey, titles, medals and other honorary rank or their own salary or other benefits from one year to accept that citizens are given a prison sentence of up to three years.
CHAPTER SEVEN: Crimes Against State Secrets and Espionage
Documents on State Security
Article 326 - (1) Someone who destroys or destroys documents or documents related to the security or domestic or foreign political benefits of the State partially or completely, uses them elsewhere, is fraudulent or steals, even if it is temporary. from eight to twelve years in prison.
(2) If the acts written above are committed during the war or put the State's war preparations or war activity or military actions in danger, a life sentence is imposed.
Providing information on state security
Article 327 - (1) For the security of the state or its domestic or foreign political benefits, anyone who provides information that, by nature, must remain confidential, is imposed from three to eight years' imprisonment.
(2) A life sentence is imposed if the action was committed during the war or put the State's war preparations or war activity or military actions in danger.
Political or military espionage
Article 328 - (1) In terms of the security or internal or external political benefits of the state, anyone who provides inherent information to remain confidential for the purpose of political or military espionage is given a prison sentence of fifteen to twenty years.
(2) Verb;
a) it has been committed for the benefit of a state which is at war with Turkey,
b) If it has been committed during the war or has endangered the war preparations or war activity or military actions of the State, the perpetrator is sentenced to aggravated life imprisonment.
Information on the security and political benefits of the state
Article 329 - (1) Anyone who discloses information that must remain confidential in nature in terms of the security or domestic or foreign political benefits of the state is imposed a prison sentence of five to ten years.
(2) If the verb was committed at the time of war or put the State's war preparations or war activity or military movements in danger, the offender was sentenced to ten to fifteen years in prison.
(3) The verdict shall be sentenced from six months to two years and from three to eight years in the case of the presence of one of the cases in the second paragraph, if the offense has occurred as a result of the payment of the offender.
Describe information that should remain confidential
ARTICLE 330 - (1) Anyone who discloses information that should be kept confidential in terms of the security or internal or external political benefits of the State for the purpose of political or military espionage is given life imprisonment.
(2) If the act was committed at the time of war or put the State's war preparations or war activity or military actions in danger, the perpetrator was given an aggravated life sentence.
International espionage
Article 331 - (1) Foreign state's security or internal or external political benefits should remain confidential as nature in terms of information, the other a foreign government in favor of political or military espionage by providing citizen or a year to foreigners who have obtained in Turkey four years up to prison terms.
Entering military forbidden areas
ARTICLE 332 - (1) Those who are prohibited from entering due to the military benefit of the state, those who enter secretly or fraudulently are sentenced to imprisonment from two years to five years.
(2) If the act is committed in time of war, the offender is sentenced to imprisonment of three to eight years.
Utilization of state secrets, infidelity in state services
ARTICLE 333 - (1) Any person who uses or makes use of scientific discoveries or new inventions or industrial innovations for the purpose of his duty and that the security of the State is kept secret is punished with imprisonment from five years to ten years and up to three thousand days.
(2) If the act, if committed with the benefit of a state which Turkey is a state of war or state of war or preparations for war or military actions would jeopardize the effectiveness of the offender is sentenced to imprisonment for life.
(3) The Government of Turkey by appointment to view a particular job belongs to the State in a foreign country one, this task faithfully instead of the fetch and these acts due damages up to ten years if the perpetrator to five years may occur given a prison sentence.
(4) Those who do not notify the authorities of the crimes described in this article and who do not notify them to the authorities on time shall be sentenced to imprisonment for a period of six months to two years, even if they remain at the level of criminal undertaking.
Supplying banned information
ARTICLE 334 - (1) Anyone who prohibits the disclosure of competent authorities according to law and regulatory procedures and who provides information that must remain confidential in terms of quality, is imposed from one year to three years in prison.
(2) If the act has put the State's war preparations or war activity or military actions in danger, the offender is sentenced to five to ten years' imprisonment.
Procurement of banned information for espionage purposes
ARTICLE 335 - (1) Anyone who prohibits disclosure of the competent authorities according to law and regulatory procedures and who provides information that should remain confidential in terms of quality, is sentenced to eight to twelve years' imprisonment.
(2) If the act, which is at war with Turkey finished the benefit of a state of war or state of war preparations or military activity or movement is confronted with danger aggravated the offender is sentenced to imprisonment for life.
Explanation of prohibited information
ARTICLE 336 - (1) Anyone who prohibits disclosure of the competent authorities in accordance with law and regulatory procedures and discloses information that should remain confidential in terms of quality is imposed from three to five years in prison.
(2) If the act was committed at the time of war or jeopardized the war preparations or war activity or military movements of the State, the offender is sentenced to ten to fifteen years in prison.
(3) If the act has occurred as a result of the detention of the perpetrator, the perpetrator shall be sentenced to imprisonment from three months to two years in writing in the first paragraph and from three to eight years in writing in the second paragraph.
Disclosing prohibited information for political or military espionage
ARTICLE 337 - (1) Anyone who discloses the information that the authorities have forbidden to be disclosed in accordance with the law and regulatory procedures and that should remain confidential in terms of quality, is sentenced to ten years and fifteen years in prison.
(2) An aggravated life imprisonment is imposed if the action was committed at the time of war or if the State put the war preparations or war activity or military actions in danger.
Processing of spying verbs
ARTICLE 338 - (1) If the crimes described in this section are possible or facilitated as a result of the persons who act in violation of the obligation of attention and care, the offender who acts by negligence is sentenced to six months to three years in prison.
(2) If the verb was committed during the war or put the State's war preparations or war activity or military actions in danger, the offender acting offender is sentenced to three to eight years' imprisonment.
Holding state security documents
ARTICLE 339 - (1) Documents or anything that cannot be given an acceptable reason for the possession of the information that should be kept confidential in terms of the security or domestic or foreign political benefits of the State or the disclosure of the competent authorities and which should be kept confidential in terms of its quality or anything Anyone caught is sentenced to one to five years in prison.
(2) If the act is committed in time of war, the offender is sentenced to imprisonment of three to eight years.
CHAPTER EIGHT: Crimes Against Relations with Foreign States
Crime against foreign head of state
Article 340 - (1) The penalty to be imposed on the person who commits a crime against the president of one of the foreign states is increased by one-eighth. If the crime requires a life sentence, aggravated life imprisonment will be imposed.
(2) The investigation, prosecution and prosecution of prosecution and investigation and prosecution of offenses depend on the complaint of the foreign state.
Insult to foreign state flag
ARTICLE 341 - (1) Anyone who publicly annihilates the officially withdrawn foreign state flag or other signs of sovereignty is sentenced to imprisonment from three months to a year.
(2) Investigation and prosecution for this crime depends on the complaint of the State concerned.
Crime against foreign state representatives
Article 342 - (1) their diplomatic privileges and immunities accorded officers with their diplomatic officers or representatives of international organizations with permanently or temporarily appointed representatives of foreign states in the Republic of Turkey, in terms of crimes committed because of their duty towards assuming public officials; criminal persons are punished in accordance with the relevant provisions of this Law.
(2) If the crime committed is insulted, the investigation and prosecution are subject to the complaint of the victim.
Condition of reciprocity
Article 343 - (1) Application of the provisions written in this section depends on the condition of reciprocity.
CHAPTER NINE: Final Provisions
Provisional Article 1 - (Additional article: 11.04.2013 - 6459 SK / Article 14)
(1) With the Law establishing this article, in cases where the amendment is made in the 235 article of this Law, the decision of non-jurisdiction can not be given.
Force
Article 344 - (1) This Law;
a) On the date of publication of Article 184 titled “Causing zoning pollution”,
b) Two years after the first paragraph of Article 181 titled "Deliberate pollution of the environment" and the first paragraph of Article 182 titled "Pollution of the environment by negligence",
c) Other provisions shall enter into force on 1 June 2005.
Executive
Article 345 - (1) The provisions of this Law are executed by the Council of Ministers.
Provisions not Included in the Law
1) Provisional Article of 06.12.2006 Date and 5560:
(Related article: 06.12.2006 - 5560 CC / Provisional Article 1)
2) Provisional Articles of 23.01.2008 Date and 5728 Law:
(Related article: 23.01.2008 - 5728 CC / Provisional Article 1)
(Related article: 23.01.2008 - 5728 CC / Provisional Article 2)
(Related article: 23.01.2008 - 5728 CC / Provisional Article 3)
Hello,
Thank you for the translations of the articles of the law, it is very useful, but there seems to be a mistake in some places, for example in article 151, I received a court decision dated 2013 for translation, it is written as victim in Turkish.
In translation, the victim was translated as Bundesgerichtshof – that is, the Supreme Court. Can I get information about this?
thank you
Oktay Ezer