Turkish Criminal Law, which includes crimes, punishment, and security issues, aims to ensure national security and personal security within the borders of the Republic of Turkey. Actions that are not clearly stated as a crime within the framework of this law cannot be considered a crime. This situation, mentioned in Article 2, emphasizes the rule of law.
Criminal Law in Turkey is very comprehensive and as Istanbul Lawyer Firm lawyers, we provide legal consultancy services to foreign and Turkish persons based on our expertise and experience in this field.
Objectives of the Turkish Penal Code
The purposes of Turkish Criminal Law 5237 have been prepared to ensure public safety. Everything related to the actions that are considered crimes, the penalties for various crimes, and exceptional situations created for security purposes are explained in detail and precisely in the law.
This law is based on the “Equitable Principle.” Therefore, the person who commits a crime receives punishment in proportion to the severity of the crime he/she has committed. In addition, equality in the field of law is emphasized through the following written declaration contained in Article 3: “Neither discrimination can be made between the persons in respect of races, language, religion, sectors, nationality, color, sex, political tendencies, etc. nor a person can be subject to special and different treatment before the laws and courts.”
The provisions of the crimes committed through the articles contained in the Turkish Criminal Law and the limits of the punishment to be decided depending on the tools of the crime or the age and citizenship of the person who committed the crime are specified.
Definitions of crimes and their deterrent punishments are made through Turkish Criminal Law to provide public security within the framework of the law. Some of the situations whose punishment is determined through this law and which constitute a crime are as follows:
- Willful killing
- Threats and blackmail
- Deprivation of liberty
- Computer Crimes
- Immigrant smuggling and human trafficking, etc.
The fact that a crime has been partially committed in Turkey falls within the scope of crimes committed in Turkey. In cases where a foreign or Turkish person commits a crime, there are changes in the legal processes. You can request legal assistance in this area by contacting us.
Penalties Under the Turkish Criminal Law
The penalties under the Turkish Penal Code are defined through law No. 5237, Article 45: “The punishments to be imposed as punishment against the offenses are imprisonment and administrative fines.” The prison sentences included under the law are:
- Heavy life imprisonment
- Life imprisonment
- Impression for a definite period
The term of imprisonment may not be less than one month and not more than 20 years. In addition, the definition of short-term imprisonment is as follows: “The imprisonment for one year or less than a year is considered as short-term imprisonment”. A short-term prison sentence can be converted into an administrative fine or the following criminal practices:
- Prohibition from traveling to certain places and conducting certain activities for a period of up to half of the imposed punishment.
- Seizure of driving license and other license certificates and prohibition from the performance of certain professions or art for a period from one-half up to one fold of the imposed punishment.
- Voluntary employment in a job performed for public interest for a period from one-half up to one folds of the imposed punishment.
The status of the punishment given varies if the person who committed the crime is a child. The criminal sentence of the crime varies depending on the fact that the child is under the age of 12, 15, or 18; the state of awareness of the crime committed, and the fact that the sentence imposed is life imprisonment, aggravated life imprisonment, or short-term imprisonment.
Situations related to the health sector, such as improper treatment, and the legal dimension of drug production and sales, are determined under Turkish Pharmaceutical Law. Failure to comply with the legal situations determined in this area is also subject to a penalty.
Types of Crimes Under the Turkish Penal Code
The types of crimes defined in Turkish Criminal Procedure Law Chapter 5 are as follows:
- Joint Offenses
- Successful Offenses
- Joinder of Ideas
The crimes that will be subject to criminal sanctions within the scope of these types of crimes and crimes against humanity are as follows:
a)Voluntary manslaughter,
- b) To act with the intensity of giving injury to another person,
- c) Torture, infliction of severe suffering, or forcing a person to live as a slave,
- d) To restrict freedom,
- e) To make a person to be subject to scientific research/tests
- f) Sexual harassment, child molestation,
- g) Forced pregnancy
- h) Forced procedure
In addition, illegal transfer of immigrants and human trade acts constitute crimes. Within the scope of Citizenship and Immigration Law, the situations in which the actions constitute a crime are determined. In case you need a Criminal Law attorney in Turkey, you can contact our firm.
FAQ About Criminal Law in Turkey
We have compiled for you the answers to some of the questions you may have about the criminal law in Turkey.
What is the Turkish Criminal Procedure Code?
The Turkish Criminal Procedure Code is a law that determines situations that may constitute a crime to ensure public safety and individual safety in the best possible way.
What Does Law No. 5237 Include?
Law No. 5237 contains the definition of crimes and punishments and explanations of their legal sanctions. It contains articles of the law on exceptional cases and the way to be followed in examining the circumstances of the crime.
Do Underage Individuals Receive Punishment According to the Turkish Criminal Code?
There are criminal sanctions for underage persons within the framework of Turkish Criminal Law. These penalties are determined within the scope of the TPC according to the age of the person, his/her mental balance, and the dimension of the crime committed.
