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Country: Turkey - Subject: Criminal and penal law

  1. Turkey - Criminal and penal law - Law, Act

    Act No. 6763 dated 24/11/2016 amending the criminal Procedure Code and some Acts. (Ceza Muhakemesi Kanunu ile Bazi Kanunlarda Degişiklik Yapılmasına Dair Kanun) - Official Gazette in Turkish

    Adoption: 2016-11-11 | Date of entry into force: 2016-12-02 | TUR-2016-L-105812

    Amends para 1 and 5 of article 8 of Labour Courts Act No. 5521 of 30 January 1950 (monetary limits).

    Amends the New Turkish Criminal Code No. 5237 dated 26.09.2004 by adding a sentence to para 1 of article 54 (confiscation decision); amends para 1 and 4 of article 75 (prepayement cases), para 1 and 3 of article 103 (punishment for sexual exploitation of children), para 1 of article 158, para 1 of article 174, para 1 of article 179, para 4 of article 192, para 3 of article 227, para 1 of article 228, article 297 (sentences).

    Amends various provisions of Act No. 5271 of 4 December 2004, Criminal Procedure Code: title and article 19 (venue of the hearing); para 4 of article 100, adds a new sentence to para 1 of article 105 (offenses committed within the framework of organizational activity); adds a para to article 112 (sanction in case of a violation of the judicial control order); amends para 2 (a) and point 9 of article 128 (organs or tissue trade); amends para 1, 4, 6, 8 and adds a new sentence after para 6 (time to render a decision); articles 139, 140, 191, 202, 232, 247, 248, 253, 254, 307 (drugs, organs or tissue trade, usury, documents considered as proof in front of courts, judgement reasoning, prosecutor, accused persons, conciliation desk, conciliation procedures undertaken by courts, resistance decisions).

    Adds a temporary article 10 to Act No. 5320 of 23 March 2005 for the application of the Act No. 5271 of 4 December 2004 on procedures in penal judgements (procedure in case of resistance decisions).

    Amends the Code of Civil Procedure (Act No. 6100 dated 12.01.2011): para 2, 3 and 4 of article 341 (replaces "one thousand five hundred" by "three thousand") and adds a new sentence after para 2 (non-pecuniary compensation cases); para 1 (a) and 2 of article 362 (replaces "twenty five thousand" with "forty thousand"); para 5 of article 373 (resistance décisions); adds an additional article 1 (Increasing monetary limits) and additional article 4 (resistance decisions).

  2. Turkey - Criminal and penal law - Law, Act

    Act No. 6545 dated 18 June 2014 to amend the Turkish Criminal Code and some Acts. (Turk Ceza Kanunu ile Bazi Kanunlarda Degisiklik Yapilmasina Dair Kanun) - Gazete in Turkish

    Adoption: 2014-06-18 | Date of entry into force: 2014-06-28 | TUR-2014-L-97437

    It amends the following Acts:
    - Turkish Criminal Code No. 5237 dated 26.09.2004: adds a new para (5) to Article 12 (corruption); Article 18 (penalty, investigations); Article 102 (sexual behavior and abuses, penalties); Article 103 (sexual abuses on child, penalties); Article 104 para 1 replaces the words "from six months to two" by "two years to five" and adds para (2) and (3) (victime of crimes); Article 105 (crimes); Article 142 para 1 (b) is repealed and adds a new para (h) and (5) (goods sequestrated, theft cases); words "up to one third" replaced by "half" of Article 143; Article 149 para 1 (d); word "six" of para 1 of Article 152 is replaced by "four" and word "two" of para 2 is replaced by "one" and a new para 3 is added (crime of damaging property); replaces duration of penalties mentioned in Article 188 para 1; replaces the words "two to five years" with "five to ten years" of para 1 and 2 of Article 190; Article 191 (illegal drugs); Article 277 para 1 (penalties).

    - Act No. 5271 of 4 December 2004, Criminal Procedure Code:
    Adds new para 3 (criminal investigation) and 4 (compensation paid by the State); changes words of Article 173 para 1 (criminal court); adds a new sentence after first sentence of para 8 (supervision time); para 2 of Article 260 (competent courts); para 3 (a) and (b)(appeal procedure); para 3 of Article 273 (appeal procedure); para 1 of Article 279 (existence of appeal); para 1 (a) of Article 280 (rejection of appeal); para 2 (d) of Article 286 (sanctions).

    - Act No. 5320 of 23 March 2005 for the application of the Act No. 5271 of 4 December 2004 on procedures in penal judgements: Adds an additional Article 1 (references made to crimial courts) and temporary Articles 6 and 8 (dates of entry into force).

  3. Turkey - Criminal and penal law - Law, Act

    Act No. 6526 to amend the Act on the Fight Against Terrorism, the Act on Criminal Procedures and some other Acts. (Terorle Mucadele Kanunu ve Ceza Muhakemesi Kanunu ile Bazi Kanunlarda Degisiklik Yapilmasina dair Kanun) - Gazette in Turkish

    Adoption: 2014-02-21 | Date of entry into force: 2014-03-06 | TUR-2014-L-97687

    It amends the following Acts:

    - Act No. 3713 concerning the struggle against terrorism dated 12 April 1991: it adds a temporary article 14 (abolishement of specially empowered courts).

    - New Turkish Criminal Code No. 5237 dated 26 September 2004:it replaces the words "from six months" to "from one year" of para 1 of article 135; replaces the words "from one year" to "from two years" of para 1 of article 136; replaces the words "jail sentence from six months to one year" with "jail sentence from one year to two years" mentioned in para 1 of article 138 and adds a new para 2 to the article (subject of the crime).

    - Act No. 5271 of 4 December 2004, Criminal Procedure Code:
    amends articles 91 para 2 (concrete evidence), article 94 (guarantee that a detainee is to be brought before the court within 24 hours of being detained), articles 100 para 1, para 1 article 116, para 1 of article 128, para 1 of article 134, para 1 of article 135, para 1 of article 139, article 140 (concrete evidence, investigation),; article 161 (crimes); 169 para 4 (investigations).

  4. Turkey - Criminal and penal law - Law, Act

    Act No. 6086 dated 08.12.2010 to amend the Turkish Criminal. (Türk Ceza Kanununda Değişiklik Yapılmasına Dair Kanun No.6086, 08.12.2010.) - Gazette in Turkish

    Adoption: 2010-12-08 | Date of entry into force: 2010-12-19 | TUR-2010-L-88941

    Amends of the Turkish Criminal Code No. 5237 dated 26.09.2004, Article 257 paragraph 1 (sentence "1 to 3 years" replaced by "6 months to 2 years") and paragraph 2 (sentence "6 months to 2 years" replaced by "three months to one year") and in paragraph 1 and 2, the word "earnings" replaced by "benefit; in paragraph 3, the sentence "1 to 3 years jail sentence and administrative fine up to 5000 days" replaces the words "in line with the provisions of paragraph 1".

  5. Turkey - Criminal and penal law - Law, Act

    Act No. 6008 dated 28 July 2010 amending the Act on the Fight Against Terrorism and other Acts. (KANUN No. 6008 Terörle Mücadele Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun) - Gazette in Turkish

    Adoption: 2010-07-21 | Date of entry into force: 2010-07-25 | TUR-2010-L-85577

    Amends the following laws:
    - Act No. 2911 of 10.06.1983 on Meetings and Demonstrations (Articles 32-34 concerning resistance).
    - Act No. 3713 of 12.04.1991 concerning the struggle against terrorism (at the end of article 5 add the words "This section shall not apply to children."));
    - Act No. 4675 of 23.05.2001 on Judges (İnfaz Hakimliği Kanunu);
    - Act No. 5237 of 12.10.2004 - the Turkish Penal Code (Adds new sentence at the end of Art. 79(1) concerning penalties for crimes included attempts)
    - Act No. 5271 of 04.12.2004 - the Criminal Procedure Code (adds a sentence after para. 6 of Article 231 (verdict) and adds as well a sentence to Article 250 (children));
    - Act No. 5275 of 13.12.2004 - Law on Execution of Penal and Security Measures (amends Article 107 of by adding a sentence following para. 4 (provisions that do not apply to children).

  6. Turkey - Criminal and penal law - Law, Act

    Act No. 5918 dated 26/06/2009 to amend the Turkish Criminal Code and other Acts. (Türk Ceza Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun) - Turkish Gazette

    Adoption: 2009-06-26 | Date of entry into force: 2009-07-09 | TUR-2009-L-82447

    Repeals para 1 (h) of Article 13 of the Turkish Criminal Code No. 5237 and adds a paragraph to Article 55 (conditions for the release of the goods). Amends Article 165 (punishment in case of selling/buying, etc. of stolen goods) and adds a paragraph to Article 254 (corruption of foreign public servant). It amends Article 282 para 1 (value of assets), adds a para 2 to the same Article (value of assets) and other paragraphs linked to the previous ones.

    It adds a para to Article 3 of Act No. 5271 dated 04/12/2004 on the reasoning to adopt in a penal judgement (competence of the military courts). Amends para 1 (a) of Article 250 of Act No. 5271 (trade of drugs) and replaces some words of the last sentence. Adds a sentence to para 3 of Article 253 (crime and mediation). Articles 3 and 250 applicable to pending investigations.

  7. Turkey - Criminal and penal law - Law, Act

    Act No. 5841 dated 25/02/2009 amending various Acts. (Çeşitli Kanunlarda Değişiklik Yapılmasına Dair Kanun) - Gazette in Turkish

    Adoption: 2009-02-25 | Date of entry into force: 2009-03-14 | TUR-2009-L-82455

    Amends para 1 of Article 154 of the Turkish Criminal Code No. 5237 dated 26/09/2004 (abuse of property rights).

  8. Turkey - Criminal and penal law - Law, Act

    Act No. 5759 dated 30/04/2008 to amend the New Turkish Criminal Code No. 5237 dated 26.09.2004. - Gazette in Turkish

    Adoption: 2008-05-07 | Date of entry into force: 2008-05-08 | TUR-2008-L-79804

    Amends Article 301 of the Turkish Criminal Code and its title concerning "Denigration of the Turkish Nation, the Republic of Turkey, State institutions and organs".

  9. Turkey - Criminal and penal law - Law, Act

    Act No. 5560 of 6 December 2006 to amend several Acts.

    Adoption: 2006-12-06 | Date of entry into force: 2006-12-19 | TUR-2006-L-74885

    Amends several Articles of the Turkish Penal Code No. 5237 of 2004.

  10. Turkey - Criminal and penal law - Law, Act

    Act No. 5560 dated 06/12/2006 to amend several Acts. - Resmî Gazete on-line (in Turkish)

    Adoption: 2006-12-06 | Date of entry into force: 2006-12-19 | TUR-2005-L-77322

    Amends Articles 4 (repeals the sentence in first paragraph "lower and high limit...fixed figure), 5 (repeals the sentence in second paragraph "lower and high limit...fixed figure), 6 (concerning the entry into force of some dispositions) and temporary Article 1 (replaces the date 31/12/2006 by 31/12/2008) of Act No. 5252 dated 04/11/2004 for the enforcement and application of the Turkish Criminal Code.
    It amends Articles 61 (concerning administrative fines), 73 (repeals the word "settlement"), 80 (concerning sentences in case of forced labour, forced prostitution, threat, etc.), 87 (sanctions in case of intentional injure), 89 (concerning injure by negligence), 142 (concerning theft), 191 (concerning drugs), 221 (concerning penitence), 227 (concerning psychological therapy), 234 (concerning sanctions for keeping a child even with his consent) and 245 of the Criminal Code No. 5237 dated 26/09/2004.
    It amends Articles 6, 100, 102, 109, 146, 150, 171, 231, 253, 254, 309, 310 and 325 of Act No. 5271 dated 04/12/2004 on the reasoning to adopt in a penal judgement.

  11. Turkey - Criminal and penal law - Law, Act

    Act No. 5353 of 25 May 2005 to amend various articles of Act No. 5271 of 4 December 2004 on the reasoning to adopt in a penal judgement.

    Adoption: 2005-05-25 | Date of entry into force: 2005-06-01 | TUR-2005-L-72648

  12. Turkey - Criminal and penal law - Law, Act

    Act No. 5347 of 11 May 2005 to amend Act No. 5320 of 23 March 2005 on the application of the Act on procedures in penal judgements.

    Adoption: 2005-05-11 | TUR-2005-L-72581

    Amends sections 6 and 12 and also adds a temporary provision No. 1.

  13. Turkey - Criminal and penal law - Law, Act

    Act No. 5349 of 11 May 2005 to amend the Act on the enforcement and application of the Turkish Criminal Code.

    Adoption: 2005-05-11 | TUR-2005-L-72582

    Adds a new paragraph following paragraph No. 5 related to financial penalties. Also amends sections 6, 7 and 9 related to penal sanctions. It adds a temporary provision No. 1.

  14. Turkey - Criminal and penal law - Law, Act

    Act No. 5328 dated 31.03.2005 to amend various Acts. - Resmî Gazete on-line (in Turkish)

    Adoption: 2005-03-31 | Date of entry into force: 2005-03-31 | TUR-2005-L-77394

    Amends the following Articles: 59 (concerning imprisonment of foreigners), 62 (replaces the word 5 by 6), 85 (replaces the words "3 years" by "two years"), 86, 87(replaces the word "second" by "third"), 88 (injure committed intentionally by negligence conduct" and repeals paragraph 1), 90 , 116 , 235 and 344 (amends article 344 by replacing the date "1/04/2005" by "1/06/2005" under paragraph "Entry into force) of the Turkish Criminal Code No. 5237 dated 26/09/2004.
    It amends Article 334 by replacing the date "1/04/2005" by "1/06/2005" under paragraph "Entry into force" of Act No. 5271 dated 04/12/2004 on the reasoning to adopt in a penal judgement.

  15. Turkey - Criminal and penal law - Law, Act

    Act No. 5320 of 23 March 2005 for the application of the Act No. 5271 of 4 December 2004 on procedures in penal judgements.

    Adoption: 2005-03-23 | Date of entry into force: 2005-04-01 | Date of partial entry into force: 2005-03-31 | TUR-2005-L-72050

    Provides for the rules to be respected during a penal procedures, and for the rights, obligations and competences of persons involved in the procedure.

  16. Turkey - Criminal and penal law - Law, Act

    Act No. 5271 of 4 December 2004, Criminal Procedure Code. (Ceza Muhakemesi Kanunu) - Unofficial English translation Gazette in Turkish

    Adoption: 2004-12-04 | Date of entry into force: 2005-04-01 | TUR-2004-L-69829

    Provides for the rules to be respected during a penal judgement, and for the rights, obligations and competences of persons involved in the procedure.

  17. Turkey - Criminal and penal law - Law, Act

    Act No. 5252 of 4 November 2004 for the enforcement and application of the Turkish Criminal Code.

    Adoption: 2004-11-04 | Date of entry into force: 2005-04-01 | Date of partial entry into force: 2004-11-04 | TUR-2004-L-70342

    Contains general provisions concerning the principles and procedures for an effective application of the Code.
    Also amends various acts.

  18. Turkey - Criminal and penal law - Law, Act

    New Turkish Criminal Code No. 5237 dated 26.09.2004. (Türk Ceza Kanunu) - Unofficial English translation Unofficial English translation Gazette in Turkish

    Adoption: 2004-09-26 | Date of entry into force: 2005-06-01 | Date of gradual entry into force: 2006-10-12 | Date of gradual entry into force: 2004-10-12 | TUR-2004-L-77393

    It is divided into two books: General Provisions (which is divided into three parts: 1.basic principals, definitions and scope;2. Principals on penal liability;3. Sanctions) and Special Provisions (divided into four parts: 1. International crimes;2. Crimes againts persons; 3. Crimes againts society; 4. Crimes againts Nation and State, and final provisions.)

  19. Turkey - Criminal and penal law - Law, Act

    Act No. 5233 on the Compensation of Damages that Occurred due to Terror and the Fight against Terror. (Terör ve Terörle Mücadeleden Doğan Zararların Karşılanması Hakkında Kanun) - Unofficial English translation Gazette in Turkish

    Adoption: 2004-07-17 | TUR-2004-L-85852

    The objective of this law is to lay down the principles and procedures for the compensation of material damages suffered by persons due to terrorist acts or activities undertaken during the fight against terror.

  20. Turkey - Criminal and penal law - Law, Act

    Act No. 5218 of 14 July 2004 to amend the Turkish Criminal Code.

    Adoption: 2004-06-30 | Date of entry into force: 2004-06-30 | Date of partial entry into force: 2005-01-01 | TUR-2004-L-70398

    Amends various articles.

  21. Turkey - Criminal and penal law - Law, Act

    Act No. 5190 of 16 June 2004 to amend the Act on the reasoning to adopt a penal judgment, and to abolish State Security Courts.

    Adoption: 2004-06-16 | Date of entry into force: 2004-06-30 | TUR-2004-L-70368

    Amends the Act No. 1412 of 4 April 1929 on the reasoning to adopt a penal judgment and adds a new paragraph to article 394.
    Repeals the Act No. 2845 of 16 June 1983 on State Security Courts.

  22. Turkey - Criminal and penal law - Law, Act

    Act No. 5106 of 4 March 2004 adding a temporary provision to the Criminal Code.

    Adoption: 2004-03-04 | Date of entry into force: 2004-03-13 | TUR-2004-L-69719

    Amends the Criminal Code No. 765 of 1926 by adding a provision concerning crimes committed before 31 December 1987.

  23. Turkey - Criminal and penal law - Law, Act

    Act amending various Acts (No. 4771 of 2002).

    Adoption: 2002-08-03 | TUR-2002-L-68377

    Inter alia provides for change of death penalties for certain crimes into life sentences. Provides for prevention of human trafficking and migrant smuggling. Also makes provision for activities in Turkey of associations founded abroad. Further, deals with sentences of European Court of Human Rights following violation of Convention of Human Rights and Fundamental Freedoms, and provides for several additional matters.

    Amends the Criminal Code, Law No. 2908 on Associations, Law No. 2762 on Foundations, Law No. 2911 on Meetings and Demonstration Marches, Law No. 1086 on Legal Principle Adjucation, Criminal Procedural Law No. 1412, Press Law No. 5680, Law No. 2559 on Police Duties and Powers, Law No. 2923 on Education and Training in Foreign Languages.

  24. Turkey - Criminal and penal law - Law, Act

    Act No. 4758 of 21 May 2002 to amend the Act of 21 December 2000 and the Act No. 4616 of 23 April 1999 on sentence reductions and releases.

    Adoption: 2002-05-21 | Date of entry into force: 2002-05-23 | TUR-2002-L-62778

    Provides for sentence reductions under certain conditions.

  25. Turkey - Criminal and penal law - Law, Act

    Act No. 4744 of 6 February 2002 to amend several acts.

    Adoption: 2002-02-06 | Date of entry into force: 2002-02-19 | TUR-2002-L-62779

    Provides for modification of prison sentences and fines for terrorism and secessionist propaganda (inter alia, Act No. 765 of 1 March 1926 on the Turkish Penal Code and Act No. 3713 of 12 April 1991 on the struggle against terrorism).

  26. Turkey - Criminal and penal law - Law, Act

    Act No. 3713 on the Fight Against Terrorism. - Unofficial English translation

    Adoption: 1991-04-12 | TUR-1991-L-22104

    Aims to aggravate the terms of imprisonment and punishments applicable to terrorists, to journalists who publish declarations emanating from terrorist organizations, to people who propogate against the unity of the state and to people and institutions that provide assistance to terrorist organizations. Establishes the applicable penal procedure, methods for the execution of punishments and the principles for conditinal release. Foresees measures of protection in favour of people charged charged with the struggle against terrorism or those who participate (informers). Contains temporary provisions. The first one among these commutes capital punishment sanctioning crimes committed before 8 April 1991 to ten years of imprisonment. Abrogates Article 2 on freedom of conscience and association, Articles 140, 141, 142, 163 of the Penal Code, Article 5 (7) and (8) and Article 6 (2) of Act No. 2908 on trade unions, Act No. 2932 on publications in a language other than Turkish.

  27. Turkey - Criminal and penal law - Regulation, Decree, Ordinance

    Regulations pertaining to employment of convicts detained in penal institutions at places of employment outside those prisons (83/7041).

    Adoption: 1983-08-26 | TUR-1983-R-61152

    Provides for employment of convicts detained in penal institutions. Applies to convicts who are serving sentences which have become final in penal institutions under the authority of the Ministry of Justice in places of employment in the public and private sectors outside those prisons. Sets forth obligation for convicts to work, with exception of remand prisoners, prisoners remanded by court decision, prisoners having received the death sentence, and convicts who have been issued a medical certificate stating that they cannot work. Establishes requirement for public institutions to employ convicts. Regulates supervision by prison personnel, payment of wages, as well as accomodation, nutrition and safety of prisoners.

  28. Turkey - Criminal and penal law - Regulation, Decree, Ordinance

    Regulations pertaining to the administration of penitentiaries and detention centres and to the execution of sentences (No. 6/8517).

    Adoption: 1967-07-05 | TUR-1967-R-61015

    Section 198 sets forth obligation of convicts and remand prisoners to work in the institution in which they have been placed. Determines which regulations apply to prison work. Provides for the setting up of work teams in areas such as agriculture, fishing, mining, construction, and forestry. Establishes obligation of public institutions to employ convicts in their respective field of work. Convicts in low-security and medium-security prisons, as well as convicts in maximum-security prisons who have demonstrated good conduct for at at least one-fourth of their term, shall take part in work in teams.

  29. Turkey - Criminal and penal law - Law, Act

    Enforcement of Sentences Act. Extracts (No. 647).

    Adoption: 1965-07-13 | TUR-1965-L-61013

    Section 1 establishes different types of sentences: death, restriction of personal liberty, and fines. Section 2 provides for enforcement of death penalty. Section 17 sets forth obligation of prisoners to work, and regulates its modalities. Prisoners and convicts shall be paid wages to be determined by Ministry of Justice. Ministry of Justice may set up work crews in field of work such as agriculture, fishery, construction, mining and forestry. Public insitutions employing workers shall be required to employ convicts in their respective field of work. Convicts detained in low and medium security prisons, as well as those convicts in maximum-security prisons who have demonstrated good conduct for at leat one-fourth of their prison sentence, shall participate in work crews.

  30. Turkey - Criminal and penal law - Law, Act

    Turkish Criminal Code (Act No. 765).

    Adoption: 1926-03-01 | TUR-1926-L-62099

    Divided into 3 parts. First Part contains general provisions. Second part deals with different types of serious crime. Chapter 1 provides for crimes against the State, Chapter 2 for crimes against basic rights, Chapter 3 for crimes against public administration, Chapter 4 for crimes against administration of justice, Chapter 5 for crimes against public order, Chapter 6 for crimes against public trust, Chapter 7 for crimes against public safety, Chapter 8 for crimes against public morals and the family, Chapter 9 for crimes against persons, Chapter 10 for crimes against private property, and Chapter 11 for crimes in the area of information technology. Part III deals with minor offences. Available in English, as amended up to June 1964, and in German as amended up to January 2001.


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