Criminal Law In Turkey
Generally speaking criminal law identifies the acts and omissions that are subject to the punishment prescribed. However, it should be noted, in modern criminal law not only the punishment but also the prevention of crime is enforced. It should be that way anyway…
What is a crime?
A criminal act is composed of three elements; the act, criminal intent or recklessness and illegality. And obviously it is an act against the law and is punishable by law. There can be no crime without law.
According to Universal Declaration of Human Rights Article 11, “no one shall be held guilty of any penal offence on account of any act or omission which did not continue a penal offence under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed that the one that was applicable at the time the penal offence was committed.”
It sould also be noted in many legal sytems including Turkish one penal provisions may have retroactive effect when they are in favor of the person whom they are to be applied (Turkish Criminal Code Article 7) For example under a new law if a punishment is reduced, this will benefit people already convicted and sentenced under the former law.
What are different kind of punishments ?
The severest punishment is life imprisonment. In addition there are fines and alternative sanctions like voluntary work.
The court decides for the appropriate sentence taking into consideration the particular circumstances of each case. The limits and conditions of sentences for various crimes are outlined by the law and the judge must obey the limits and obviously the sentence must be JUSTIFIED in the verdict.