Av. Alparslan LEVENT -Karşıyaka Avukat - İzmir Avukat
Av. Alparslan LEVENT -Karşıyaka Avukat - İzmir Avukat
Av. Alparslan LEVENT -Karşıyaka Avukat - İzmir Avukat

CRIMINAL LAW

Overview of Turkish Criminal Law

Turkish Criminal Law is primarily governed by the Turkish Penal Code (Türk Ceza Kanunu, TCK) No. 5237, which came into force on June 1, 2005. The TCK provides a comprehensive legal framework for defining criminal offenses, penalties, and procedures for prosecution. Additionally, the Turkish Criminal Procedure Code (Ceza Muhakemesi Kanunu, CMK) regulates the procedural aspects of criminal justice.

Fundamental Principles

  1. Legality Principle: No act can be considered a crime and no penalty can be imposed unless it is explicitly defined by law. This ensures that no one can be punished under arbitrary or retrospective laws.

  2. Equality Before the Law: All individuals are treated equally under the law without any discrimination based on race, religion, gender, or other personal characteristics.

  3. Presumption of Innocence: A person is presumed innocent until proven guilty through a fair and impartial trial.

Structure of the Turkish Penal Code

The Turkish Penal Code is divided into two main parts:

  1. General Provisions: This part includes definitions of criminal liability, general principles of criminal law, and rules on penalties and their enforcement.

  2. Special Provisions: This part lists specific crimes and their corresponding penalties. Crimes are categorized under various sections such as crimes against persons, property, public order, and the state.

Criminal Liability

  • Age of Criminal Responsibility: In Turkey, individuals under the age of 12 are not criminally responsible. Those between 12 and 18 are subject to reduced penalties.

  • Mental Capacity: Individuals who are proven to lack mental capacity at the time of committing a crime may not be held criminally liable.

Penalties

The Turkish Penal Code prescribes various types of penalties, including:

  • Imprisonment: This can be either short-term (up to 1 year) or long-term (over 1 year). Life imprisonment and aggravated life imprisonment are also possible for severe crimes.

  • Judicial Fines: Financial penalties imposed by the court based on the severity of the crime.

  • Alternative Sanctions: Community service, probation, and other non-custodial measures may be applied in certain cases.

Criminal Procedure

  • Investigation Phase: Initiated by the public prosecutor upon receiving a report of a crime. This phase includes gathering evidence, questioning suspects, and deciding whether to file charges.

  • Prosecution Phase: If sufficient evidence is found, the prosecutor files an indictment, and the case proceeds to court for trial.

  • Trial: Conducted by a judge or panel of judges. The defendant has the right to legal representation, and the trial must adhere to principles of fairness and impartiality.

  • Appeal: Both the prosecution and defense have the right to appeal the court's decision to a higher court.

Conclusion

Turkish Criminal Law is designed to protect public order, individual rights, and the rule of law through a structured legal framework. Understanding its principles and procedures is essential for anyone engaging with the Turkish legal system.