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Наказателния кодекс

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Criminal Code

Law Nr. 5237

Passed On 26.09.2004

(Official Gazette No. 25611 dated 12.10.2004)

FIRST VOLUME

General Provisions

FIRST CHAPTER

Basic Principles, Definitions and Field Of Application

FIRST SECTION

Basic Principles and Definitions

Object of Criminal Code

ARTICLE 1- (1) The object of Criminal Code is to protect the individual rights and freedom , public order and security, state of justice, public health and environment, and communal peace, as well as to discourage commitment of offences. This Law defines the basic principles for criminal responsibility and types of crimes, punishments and security precautions to be taken in this respect.

Legality rule in offences and punishments

ARTICLE 2- (1) A person may neither be punished nor be imposed cautionary judgment for an act which does not explicitly constitute an offence within the definition of the Law. Furthermore, application of punishments and security precautions besides those stipulated in this Law is not allowed.

(2) No criminal punishment may be imposed based on regulatory transactions of the Administration.

(3) Application of provisions of the Laws relating to crimes and punishments by analogy is prohibited. The provisions relating to crimes and punishments may not be interpreted in way to lead to analogy.

Equitable principle

ARTICLE 3- (1) Offender may be subject to a punishment and imposition of security measures in proportion with the grossness of the illegal acts executed by him.

(2) Neither discrimination can be made between the persons in respect of races, language, religion, sects, nationality, color, sex, political tendencies etc. nor a person can be subject to special and different treatment before the laws and courts.

Binding nature of the Law

ARTICLE 4- (1) Ignorance of the criminal laws may not be an excuse.

(2) However, a person who commits an offence through an inevitable mistake due to his ignorance of the law may not be kept criminally responsible from such offence.

Relation with the Special Laws

ARTICLE 5-(1) The general provisions of this Law are applicable also for the offences under the cover of special criminal laws and other legislation relating to criminal punishment.

Definitions

ARTICLE 6- (1) In practice of criminal laws, the terms used herein, shall have the following meanings;

a) Citizen ; Any person who is a Turkish citizen during the commission of an offence;

b) Minor ; Any person not attained the age of  eighteen

c) Public Officer; Any person selected or appointed to carry out public duty for a temporary or permanent period.

d) The Judicial Authorities; Members and judges of the Supreme Courts and administrative, and military courts as well as Public Prosecutor and attorneys at law;

e) Night Time; period starting one hour after the sunset and ending one hour before the sunrise;

f) Arms;

1) Fire guns

2) Explosives

3) All kinds of cutting, piercing or injuring instrument used for to attack or defense oneself;

4) Other instruments which are suitable to use in attack or defense although actually not manufactured for this purpose;

5) Burning, corrosive, harmful, suffocating, toxic nuclear, radioactive, chemical and biological substances which cause unrecoverable disease;

g) Press and Broadcast; all kinds of written, visual, audio and electronic means used for public announcements,;

h) Inveterate offender; Any person who commits the same kind of offence within one year or at different times after having been convicted of a heavy offense or any other similar criminal offense which requires imposition of less punishment;

i) Professional Perpetrator; Any person who use to earn money by committing offense in the past;

j) Offender who is a member of a criminal group; Any person who forms or manages a criminal group, or becomes a member of the same, or establishes cooperation with other criminal groups for committing offense.

SECOND SECTION

Field Of Application

In Respect of Time

ARTICLE 7- (1) A person may neither be punishment nor subject to a security measure for an act which does not constitute an offense according to the law in force at the time of commission of the offense. Also, one may neither be punished nor subject to a security measure for an act which does not constitute an offense according to the law which put into force after the commission of the offense. Where a punishment or security precautions of that sort is imposed, its execution and legal consequences are spontaneously abrogated.

(2) Where there are differences between provisions of the law in force at the time of commission of the offense and the provisions of the law subsequently put into force, the law which is in favor of the perpetrator is applied and enforced.

(3) The law in force at the time of conviction is applied in respect of execution of security precautions.

(4) The provisional or permanent laws are continued to be applied for the offenses which are committed during the period when they are in force.

In respect of Location

ARTICLE 8- (1) Turkish laws are applied for the offenses which are committed in Turkey. Where the act constituting an offense is partially or entirely committed in Turkey, or the result is obtained in Turkey, the offense is assumed to have been committed in Turkey.

(2) If the offense is committed;

a) in the Turkish territory, or airspace and Turkish territorial waters,

b) in open seas and the space extending above these waters, and in/by the Turkish vessels and airplanes,

c) in/by Turkish war ships and aircrafts,

d) in the stationary platforms exclusively constructed in the territorial boundaries of  Turkey or in industrial zones,

then this offense is assumed to have been committed in Turkey.

Conviction in a Foreign Country

ARTICLE 9-(1) A person who is convicted in a foreign country for an offense committed in Turkey is subject to retrial in Turkey.

Offences Committed During Performance of A Duty

ARTICLE 10- (1) A new trail can be filed in Turkey for a person who commits an offense in a foreign country while performing an official duty in the name of  Turkey even if he is convicted in a foreign country due to execution of such act.

Offences Committed By the Citizens

ARTICLE 11- (1) If a Turkish citizen, excluding the offences listed in Article 13, commits an offence in a foreign country which requires punishment with a minimum limit of less than one year imprisonment according to the Turkish laws, and if the offender is found in Turkey, then he is punished according to the Turkish laws provided that he is not convicted in the said foreign country for the same offense and there is possibility to proceed a trial in Turkey.

(2) Where the offence requires a punishment with a minimum limit of less than one year imprisonment, the trial is filed only upon rise of complaint by the injured party or the foreign country. In such case, the complaint has to be brought within six months as of the date of entry of the citizen into Turkey.

Offences Committed By the Foreigners

ARTICLE 12-(1) If a foreigner, excluding the offences listed in Article 13, commits an offence in a foreign country causing injury to Turkey, which requires a punishment with a minimum limit of less than one year imprisonment, and if the offender is found in Turkey, then he is punished according to the Turkish laws. However, the trial is filed upon request of the Ministry of Justice.

(2) If the offence mentioned in the afore subsection is committed with the intension of causing injury to a Turkish citizen or a legal entity incorporated according to the Turkish laws and subject to special law, and if the offender is found in Turkey, then the perpetrator is punished according to the Turkish Laws upon complained of the injured party provided that that he is not convicted in the said foreign country for the same offense.

(3) If the aggrieved party is a foreigner, he is tried upon request of the Ministry of Justice in case of existence of the following conditions;

a) Where the offence requires punishment with a minimum limit of less than three years imprisonment according to the Turkish Laws;

b) Where there is no extradition agreement or the demand of extradition is rejected by the nation where the crime is committed or the person accused of a crime holds citizenship.

(4) A foreigner who is convicted of an offence in a foreign country within the scope of first subsection, or the action filed against him is extinguished or the punishment is abated, or the offence committed is not qualified for the prosecution, then a new trial can be filed in Turkey upon request of the Ministry of Justice.

Other Offences

ARTICLE 13- (1) The Turkish laws are applied in case of commitment of following offences by the citizens or foreigners in a foreign country;

a) Offences listed under Second Chapter of Second Volume.

b) Offences listed under Third, Fourth, Fifth, Sixth, Seventh and Eighth Sections in the Fourth Chapter of Second Volume.

c) Torture (Clauses 94,95)

d) Intentional environmental pollution (Clause 181)

e) Production and trading of habit-forming drugs or excitant substances (Clause 188), encouragement of use of habit-forming drugs or excitant substances (Clause 190).

f) Counterfeiting money (Clause 197), manufacturing and trading of instruments used in production of money and valuable seals/stamps.

g) Whoredom (Clause 227)

h) Bribery (Clause 252)

i) Confiscation or hijacking of aircraft, vehicles or vessels (Clause 223, subsections 2 and 3), or offences committed with the intention to give damage to these properties (Clause 152).

(2) A trial can be filed in Turkey upon request of the Ministry of Justice even if the offender is convicted or acquitted of an offense defined in paragraphs (a) and (b) of the first subsection.

Investigation in Alternative Punishments

ARTICLE 14 -(1) No investigation or prosecution is started if it is allowed to choose either punishment of imprisonment or administrative fine as noted in articles 11 and 12.

Quantification Of Punishment Subject To Investigation

ARTICLE 15 – (1) In cases where it is deemed necessary to carry out investigation to quantify the punishment, the minimum limit of legitimate aggravation and maximum limit of legitimate extenuation should be considered during the calculations.

Deduction of Punishment

ARTICLE 16 -(1) No matter where the offence is committed, the period lapsed under observation, detention or conviction is deducted from the punishment to be given for the same offense in Turkey.

Disqualification from Certain Rights

ARTICLE 17-(1) Under the above-mentioned circumstances, if a judgment given by a foreign court seeks disqualification of a certain right according to Turkish Laws, then the court, upon demand of the Public Prosecutor, may decide recognition of legal consequences of this judgment in Turkey as long as it is not contrary to the Turkish judicial system.

Extradition

ARTICLE 18-(1) A foreigner accused or convicted of a crime committed in a country may be returned to his country upon demand for prosecution or execution of the punishment. However, the demand for extradition is rejected;

a) If the act does not constitute an offense according to the Turkish laws,

b) If  the act is not in the nature of a political or military offense,

c) If the offense is committed against the security of Turkish State, or with the intention of damaging the Turkish State or a Turkish citizen or a legal entity incorporated according to the Turkish laws,

d) If the offense is within the competence of the Turkish courts,

e) If the action is subject to statute of limitation or amnesty.

(2) Excluding the provisions seeking participation in the International Criminal Court, a citizen may not be returned to a foreign country due to committed offense.

(3) The demand for extradition is rejected if there is deep concern or uncertainty about the future of a person after being extradited, whether he will be subject to prosecution or punishment due to racial, religious preference, or nationality, or membership to a social or political group, or to a cruel treatment or torture.

(4) The high criminal court at the domicile of the concerned person is entitled to give decision on the demand for extradition according to the provisions of this article and relevant international agreements of which Turkey is one of the parties.

(5) If the court adjudicates acceptability of the demand for extradition, the enforcement of this decision is within discretion of the Ministers’ Council.

(6) Decision may be taken for application of protective measures for the person subject to extradition according to the relevant international agreements of which Turkey is one of the parties.

(7) In case the demand for extradition is adjudicated acceptable, a decision may be given for arrest of the accused or may apply to other protective measures according to the according to the Code of Criminal Procedure.

(8) A person subject to extradition may be tried or convicted of an offense which constitutes the basis of this decision, or sentenced to punishment.

Consideration of Foreign laws

ARTICLE 19- (1) The punishment given in Turkey to a person who is convicted of an offense committed beyond the political authority of Turkey, may not be more than the maximum limit of the punishment stipulated in the laws of the country where the offense is committed.

(2) However, the provisions of the above subsection may not be applied if the offense is committed;

a) Against the security of the Turkish State, or with the intention of giving injury to the State, or

b) Against Turkish citizens, or with the intention of giving injury to the legal entities incorporated according to Turkish legislation and subject to special law.

SECONED CHAPTER

Essence of Criminal Responsibility

FIRST SECTION

Individuality of Criminal Responsibility, Malice and Negligence

Individuality of Criminal Responsibility

ARTICLE 20- (1) Criminal responsibility arises from a private wrong. No one can be kept responsible from another person’s act.

(2) No punitive sanctions may be imposed for the legal entities.  However, the sanctions in the form of security precautions stipulated in the law for the offenses are reserved.

Malice

ARTICLE 21- (1) In order to consider an act as an offense, a crime has to be intended by the offender. Malice is an intention to cause harm being aware of the legal consequences of the crime defined in the laws.

(2) Execution of an act by a person being aware of its legal consequences defined in the law is considered as malice. In that case, the offender is sentenced to life imprisonment in offences which require heavy imprisonment and to imprisonment between twenty years and twenty-five years in the offenses which require life imprisonment; in other offenses the basic punishment is abated from one third to one half.

Negligence

ARTICLE 22- (1) Offenses occasioned by negligent act are punished as expressly defined in the laws.

(2) Negligence is failure to take proper care or precaution during performance of an act without being aware of legal consequences of the crime defined in the laws.

(3) Where an act of person creates the legal consequence defined in the laws beyond his will, this is considered as intentional negligence; in such case the punishment imposed for negligent act is increased from one third to one half.

(4) The punishment to be given due to negligent offense is determined according to the fault of the offender.

(5) In negligent offenses committed by more than one person, each one is blamed of his own fault. The punishment is assessed individually according to the fault of each offender.

(6) No punishment is given if the legal consequence of the negligent offense exclusively results with injury of the offender either in person, rights or reputation in such a way not to require imposition of punishment; in case of intentional negligence, the punishment to be imposed may be abated from one half to one sixth.

Offences Aggravated As A Result Of Injurious Consequences

ARTICLE 23-(1) In order to keep a person responsible from an act which can be considered as matter of aggravation, or injurious consequence beyond the intended purpose, this person at least should have acted with negligence.

SECOND SECTION

Excusatory and Mitigating Causes

Mandatory Provision and Order of the Supervisor

ARTICLE 24-(1) No punishment is imposed for a person who complies with the mandatory provisions.

(2) Also, a person who meets an order given by an authorized body as a part of his duty may not be kept responsible from such act.

(3) An order constituting an offense should never be fulfilled. Otherwise, the person fulfilling the order and the person giving the order is kept responsible at the same time.

(4) In cases where inspection of the order in respect of compliance with the laws is avoided, the person giving the order is responsible from fulfillment of the order.

Self Defense and State of Necessity

ARTICLE 25- (1) No punishment is given to an offender who acts with immediate necessity, according to the prevailing conditions, to repulse or eliminate an unjust assault against his or another person’s rights, of which the recurrence is highly expected.

(2) No punishment is given to the offender for an act executed to protect himself from a severe and definite danger or an assault against his or another person’s rights, where he has no other choice to eliminate this danger. However, there should be proportional relation between the imminent necessity to protect oneself and the seriousness of danger, and the means used to eliminate this danger.

Use of a right and consent of the concerned body

ARTICLE 26- (1) No punishment is given to a person using his rights.

(2) No punishment is given to a person acting under the consent of a person relating to a right disposable by that person.

Exceeding of limit

ARTICLE 27- (1) Where the limit is unintentionally exceeded due to excusatory causes, the punishment is imposed by reducing the punishment stipulated in the law for negligent offenses (from one sixth up to one third), if the act is subject to punishment even executed in negligence.

(2) No punishment is given to the offender if the limit during self-defense is exceeded as a result of excusable excitement, fear or anxiety.

Force and Violence, Menace and Threat

ARTICLE 28- (1) No punishment is imposed to a person who commits an offense as a result of intolerable or inevitable violence, or serious menace or gross threat. In such cases, the person involved in violence, menace and threat is considered as the offender.

Unjust Provocation

ARTICLE 29- (1) A person committing an offense with affect of anger or asperity caused by the unjust act is sentenced to imprisonment from eighteen years to twenty-four years instead of heavy life imprisonment, and to imprisonment from twelve years to eighteen years instead of life imprisonment. In other cases, the punishment is abated from one-fourth up to three thirds.

Mistake

ARTICLE 30-(1) A person executing an act without knowing factual means of offense defined in the law is not considered to have acted intentionally. The state of negligent responsibility is reserved due to such mistake.

(2) A person who is mistaken about the factual qualifications of an offense which require heavier or less punishment may take advantage of this mistake.

(3) A person who inevitably makes mistake about existence of conditions eliminating or diminishing criminal responsibility may take advantage of this mistake.

Minority

ARTICLE 31-(1) The children having not attained the full age of twelve on the commission date of the offense, may not have criminal responsibility. Besides, no criminal prosecution may be commenced against such persons; but, it may be deemed necessary to take certain security precautions specific to children.

(2) In case a person who attained the age of twelve but not yet completed the age of fifteen on the commission date of the offense does not have the ability to perceive the legal meaning and consequences of the offense, or to control his actions, he may not have criminal responsibility for such behavior. However, security precautions specific to children may be adopted for such individuals. If a person has the ability to apprehend the offense he has committed or to control his actions relating to this offense, then such person may be sentenced to imprisonment from nine years to twelve years if the offense requires heavy life imprisonment; from seven years to nine years if the offense requires life imprisonment. Two thirds of other punishments is abated and in this case, the imprisonment to be imposed for each offense may not be more than six years.

(3) A person who attained the full age of fifteen but not yet completed the age of eighteen on the commission date of the offense is sentenced to imprisonment from fourteen years to twenty years if the offense requires heavy life imprisonment; and from nine years to twelve years if the offense requires life imprisonment. One half of the other punishments is abated and in this case, the imprisonment to be imposed for each offense may not be more than eight years.

Insanity

ARTICLE 32-(1) A person lacking ability to perceive the legal meaning and consequences of the offense, or having considerably lost the capacity to control his actions due to insanity may not be subject to any punishment. However, security precautions are imposed for such individuals.

(2)Even if not to such an extent stated in the first subsection, a person lacking ability to control or direct his actions in respect of offense committed by him is sentenced to twenty five years imprisonment instead of heavy life imprisonment and to twenty years imprisonment instead of life imprisonment. In other cases, on sixth of the punishment to be imposed may be abated. The entire or part of penalty inflicted may be applied as security precaution specific to insane persons, provided that the sentence period remains the same.

Deafness and Dumbness

ARTICLE 33- (1) The provisions of this Law relating to minors not attained the full age of twelve on the commission date of offense is also applicable for the deaf and dumb persons not attained the full age of fifteen; the provisions relating to those attained the full age of twelve but not yet completed the age of fifteen are applicable for the deaf and dumb persons who attained the full age of fifteen but not yet completed the age of eighteen; the provisions relating to those attained the full the age of fifteen but not yet completed the age of eighteen are applicable for the deaf and dumb persons who attained the full age of eighteen but not yet completed the age of twenty.

Ephemeral Reasons, Addiction To Alcohol and Drugs

ARTICLE 34- (1) No punishment is imposed to a person lacking ability to perceive the legal meaning and consequences of the offense or having considerably lost the capacity to control his actions due ephemeral reasons or use of alcohol or drugs beyond his own will.

(2) The provisions of first subsection may not be applicable for the persons committing an offense with the affect of alcohol and drugs used consciously.

THIRD SECTION

Attempt To Commit An Offence

Attempt To Commit an Offence

ARTICLE 35- (1) A person who acts with the intention of committing crime but fails to perform the acts necessary to commit the crime due to a cause beyond his control, is considered to have attempted to commit crime.

(2) In case of attempt to commit crime, the offender is sentenced to imprisonment from thirteen years to twenty years instead of heavy life imprisonment according to the seriousness of the damage or danger; and imprisonment from nine years to fifteen years instead of life imprisonment. In other cases, the punishment is abated from one-fourth up to three-fourth.

Voluntary Abandonment

ARTICLE 36 – If a person voluntarily abandons performance of the acts necessary to commit the crime, or avoids accomplishment of the crime with his own efforts, then he may not be punished for this crime; however, where the accomplished part constitutes an offense, punishment is given only for this specific offense.

FOURTH SECTION

Participation In Commission of A Crime

Perpetration

ARTICLE 37-(1) Each one of the persons who jointly execute the act defined as crime in the law is responsible from its legal consequences as the offender.

(2) Also, a person who uses another person in commission of a crime is also kept responsible as the offender. The punishment of the persons who uses a person(s) lacking culpability is increased from one–third up to one half.

Solicitation

ARTICLE 38- (1) A person soliciting another person to commit offense is punished according to the degree of crime committed.

(2) In case of solicitation to commit offense by using the power originating from lineage (antecedent/descendent) relation, the punishment of the soliciting person is increased from one-third to one half. The lineage relation is not sought for increase of punishment pursuant to the provisions of this subsection in case of solicitation of minors to commit offense.

(3) Where the soliciting person is not known, the offender who plays role in identification of the soliciting person, or other accomplice is sentenced to imprisonment from twenty years to twenty-five years instead of heavy life imprisonment and to imprisonment from fifteen years to twenty years the offense requires life imprisonment. In other cases, one-third of the punishment can be abated.

Encouragement of A person To Commit Offence

ARTICLE 39- (1) A person encouraging another person to commit offense is sentenced to life imprisonment from fifteen years to twenty years if subject to heavy life imprisonment; and from ten years to fifteen years imprisonment if the offense requires life imprisonment.

2) A person is kept responsible under the following conditions from commission of offense as the party encouraging the offender;

a) To solicit a person for commission of an offense or to support his decision to commit offense or to guarantee help after commission of offense.

b) To give idea about how the offense shall be committed or to supply the necessary tools to be used during commission of offense.

c) To render support before and during the commission of offense in order to simplify the intended act.

Connected offenses

ARTICLE 40- (1) If an act is executed intentionally and contrary to the laws, then this is considered as participation in commission of offense.  Each person participating in commission of an offense is punished according to his involvement in the offense, irrespective of the personal reasons avoiding the punishment of the other.

(2) In particular offenses the person possessing the characteristics of a perpetrator is defined as offender. The others who participate in commission of offense are kept responsible from commission of offense as soliciting or supporting parties.

(3) In order to keep a person responsible from participation in commission of an offense, at least there must be an attempt to commit offense.

Voluntary Abandonment in Jointly Committed Offenses

ARTICLE 41-(1) In jointly committed offenses, only the accomplice who voluntarily abandons the attempt to commit offense may benefit from the provisions of the law relating to voluntary abandonment.

(2) The provisions relating to voluntary abandonment is applied;

a) If the commission of offense is not bound to any other reason than the efforts shown by the person who voluntarily abandons the attempt.

b) If the offense is committed despite all the efforts of the person who voluntarily abandons the attempt.

FIFTH SECTION

Joinder of Offenses

Joint Offenses

ARTICLE 42-(1) Any offense which is considered to have been committed by a single act, where each act constitutes the moral elements or aggravating reasons of the other, is called joint offense. The provisions relating to joinder may not be applicable for such offenses.

Successive Offenses

ARTICLE 43- (1) In case of commission of the same offense against a person more than once at successive intervals, the offender is imposed a punishment.  However, this punishment may be increased from one-fourth to three-fourth. The basic elements or characteristics of an offense determining the degree of punishment (heavy or light punishment) are considered to define whether the intended act is the same offense or not.

(2) The provisions of first subsection are applied in case of commission of the same offence against more than one person with a single attempt.

(3) The offences such as voluntary manslaughter (felonious homicide), felonious injury, torture, sexual abuse and plunder are not subject to the provisions of this article.

Joinder of ideas

ARTICLE 44- (1) A person, who is considered to have committed more than one offense through performance of an act, is punished from the offense which requires imposition of heavier punishment.

THIRD CHAPTER

Sanctions

FIRST SECTION

Punishments

Punishments

ARTICLE 45-(1) The punishments to be imposed as sanction against the offenses are imprisonment and administrative fines.

Punishment of Imprisonment

ARTICLE 46- (1) Following are the punishments of imprisonment;

a) Heavy life imprisonment

b) Life imprisonment

c) Imprisonment for definite period

Heavy Life Imprisonment

ARTICLE 47-(1) Heavy life imprisonment continues until death of the convict and is enforced under the strict security measures as defined in the law and statute.

Life Imprisonment

ARTICLE 48-(1) Life imprisonment continues until the death of the convict.

Imprisonment for definite period

ARTICLE 49-(1) Unless otherwise is provided by the law, imprisonment for definite period may not be less than one month, more than twenty years.

(2) The imprisonment for one year or less than a year is considered as short-term imprisonment.

Sanctions precedent for sentence to short-term imprisonment

ARTICLE 50 – (1) Short-term imprisonment may be converted to following punishments according to the personality, social and economical status of the convict, repentance shown by him during the trial period and qualifications of the offense;

a) Administrative fine,

b) Reimbursement of overall loss encountered by the aggrieved party or public, reinstatement or compensation of damages,

c) Admittance to an education institution for a period of at least two years to improve professional skills or to learn art by providing shelter,

d) Prohibition from traveling to certain places and to conduct certain activities for a period up to half of the imposed punishment.

e) In case of commission of an offense by misuse of rights and powers or by failing to take proper care and necessary precautions; seizure of driving license and other license certificates and prohibition from performance of certain profession or art for a period from one half up to  one folds of the imposed punishment.

f)  Voluntary employment in a job performed for public interest for a period from one half up to one folds of the imposed punishment.

(2) If a person is sentenced to imprisonment in cases where punishment of imprisonment or imposition of administrative fine is foreseen as alternative in definition of offense, then this punishment may no longer be converted to administrative fine.

(3) The punishment of imprisonment for thirty days and more, as well as for a period one year or less, imposed to a person under the age of eighteen and those not completed the full age of sixty five on the commission date of the offense, is converted to one of the alternative sanctions listed in first subsection provided that he has no previous conviction.

(4) Even if punishment of imprisonment is imposed for a longer period due to negligent offenses, this punishment may be converted to administrative fine according to paragraph (a) of first subsection in case of existence of other conditions.

(5) In practice, the principal conviction is the administrative fine or precaution converted to according to the provisions of this article.

(6) In case of failure to meet the requirements of the alternative sanctions within thirty days despite the notification of the Public Prosecutor after finalization of the sentence, or discontinued performance after being started, the court giving decision for conviction may adjudicate immediate execution of all or part of the short-term punishment of imprisonment. In this case, the provisions of the fifth subsection may not be applicable.

(7) If the convict fails to meet the requirements of the preferred precaution due to reasons beyond his control, the precaution is altered by the court giving the decision.

Suspension of Sentence

ARTICLE 51- (1) Execution of the punishment imposed to a person who is sentenced to two years or more imprisonment due to committed offense may be suspended for a definite or indefinite time. The maximum limit of this period is three years for the persons not completed the full age of eighteen or the age of sixty-five on the commission date of offense. However, in order for the court to give decision for suspension of the sentence;

a) One should not be previously sentenced to imprisonment more than three months due to a felonious intent,

b) The court should reach to a conclusion that recurrence of the offense is out of question due to repentance shown by the offender during the trial period.

(2) Suspension of sentence may be bound to reimbursement of the losses encountered by the aggrieved party or public, or reinstatement of the deteriorated conditions or compensation of damages.  In such case, the sentence is enforced in the execution institution under the judge’s decision until fulfillment of all the conditions. Upon recovery, the convict is immediately released from the execution institution under the decision of the judge.

(3) An inspection period not less than one year, more than three years, is determined for the convict whose sentence is suspended.  The minimum limit of this period may not be less than the imposed punishment.

(4) During the inspection period, the court may adjudicate;

a) Admittance of the offender to a training program if he has no profession or skills,

b) Employment of the convict in a public institution or another job under supervision against payment of wage if he has profession or required skills,

c) Admittance of convicts below the age of eighteen to a training institution in order to enable them to gain a profession or art.

(5) The court may assign an expert to guide the convict during the inspection period. This person gives advice to the convict to persuade him to give up bad habits and to act with the conscious of his responsibilities for a good life; by establishing contact with the authorities or staff of the training institution, exchanged views about the progress of the convict; prepares quarterly reports about the behavior, social adaptation and progress of the convict to be submitted to the judge.

(6) The court may also adjudicate proceed of inspection against no obligation or without assigning an expert (sponsor) in consideration of private and social conditions of the convict.

(7) In case the convict acts with felonious intent or insists not to fulfill the obligations conferred upon by the judge during the inspection period despite the warning of the judge, the court may decide enforcement of the suspended sentence, partially or entirely, in the execution institution.

(8) The sentence is considered to have executed if the convict acts in compliance with the rules or shows good manners during the inspection period.

Administrative Fine

ARTICLE 52- (1) Administrative fine is an amount payable to the State Treasury and is calculated by multiplying the full number of days subject to penalty with the amount fixed for per day. The quantified days may not be less than five and more than seven hundred thirty days unless otherwise is provided in the law.

(2) The amount of administrative fine which is determined as at least twenty, at most hundred Turkish Lira per day is assessed in consideration of the private and economic conditions of the person.

(3) It is a basic rule to indicate the quantified full days and the amount fixed for one day separately in the decision.

(4) The Judge may grant respite period not exceeding one year as of the finalization date of judgment seeking payment of administrative fine in consideration of private and economic conditions of the person subject to penalty. Payment of this fine in installments may also be adjudicated in the decision. However, the installment period may not exceed two years and the amount is payable at most in four installments. The decision should also contain a statement requesting collection of the remaining portion of the fine if failed to pay any one of the installments, and also a warning notifying conversion of administrative fine to punishment of imprisonment in case of such failure.

SECOND SECTION

Security Precautions

Disqualification from use of certain rights

ARTICLE 53- (1) As legal consequences of sentence to imprisonment due to a felonious intent, a person may be disqualified from;

a) Undertaking of a permanent or temporary public service; within this scope, such person is suspended from membership in Turkish Grand National Assembly, or office in any department of the State, province, municipality or employment in an institution and corporation controlled by these administrations,

b) Use of right of voting or right to be elected,

c) Use parental right; assignment in the status of guardian or curator,

d) Employment as manager or auditor in the foundations, associations, unions, companies, cooperatives and political parties in the status of legal entity,

e) To perform a profession or art as free-lancer or tradesman subject to consent of a professional organization in the status of public institution or public corporation.

(2) A person may not use these rights until the punishment of imprisonment is fully executed.

(3) The provisions of the above subsections may not be applied in cases where the sentence of the offender acting as guardian or curator is suspended or he is conditionally released.

(4) The provisions of the first subsection may not be applicable for the persons whose short-term sentence is suspended or not attained the full age of eighteen on the commission date of the offense.

(5) Where a person is sentenced to imprisonment due to misuse of any one of the rights and powers listed in the first subsection, the court may further prohibit use of these rights and powers even after the execution of the sentence by increasing the punishment from one half up to one folds. In case of imposition of administrative fine as punishment due to offenses committed by misuse of such rights and powers, the court may prohibit use of these rights and powers as much as from one half of quantified days up to one folds. The period of prohibition executed upon finalization of the decision starts to run as of the date on which the administrative fine is fully executed.

(6) In case of conviction from a negligent offense due to breach of obligations in professional field, or violation of traffic rules by acting carelessly and without taking the necessary precautions, the court may decide disqualification from performance of this profession or art, or seizure of the driving license for a period not less than three months and more than three years.

The sentence is executed upon finalization of prohibition and seizure decision.

Seizure of Property

ARTICLE 54-(1) The court may adjudicate seizure of the property/tools used in or reserved for commission of felonious offense, provided that such property does not belong to third parties. The property/tools prepared for use in commission of offense is seized if it is determined to be dangerous for public safety, public health or oral principles.

(2) In case of concealment, disposal, consumption of the property defined in the first subsection, or avoidance of seizure in any other manner, the court may adjudicate confiscation of a sum corresponding to the value of this property.

(3) If it is understood that seizure of the property used in commission of offense will involve consequences heavier than the offense, then the court may refrain from adjudicating seizure of property.

(4) The property of which the production, storage, use, transportation, purchase or sale constitutes an offense is subject seizure.

(5) Where partial seizure is in question, the court may decide seizure of only that portion without giving damage to other parts of the property.

(6) With regard to the property owned by more than one person, the court may adjudicate seizure of the part corresponding to the share of the person participating the offense.

Confiscation of Income

ARTICLE 55-(1) The court may adjudicate confiscation of pecuniary benefits provided through commission of offense, or constituting the object of the offense, or secured for commission of offense, as well as the economic gains recorded as a result of assessment or conversion of these benefits. In order to take decision for confiscation pursuant to the provisions of this subsection, reimbursement of pecuniary benefits to the aggrieved part should be out of question.

(2) In cases where the seizure of the property or pecuniary benefits subject to confiscation is not likely, or it is not possible to deliver the same to the concerned authorities, the court may adjudicate confiscation of the values considered as the counterpart of this property.

Security Precautions Specific To Minors

ARTICLE 56-(1) Types and implementation procedures of the security precautions specific to minors are defined in the relevant law.

Security Precautions Specific To Insane People

ARTICLE 57-(1) Decision for imposition of security precautions is given by the court about a person suffering from mental illness at the time of commission of the offense. The insane people subject to security precautions under the court’s decision are sheltered and taken under protection for treatment purposes in the fully organized health institutions.

(2) An insane person against whom security precautions are imposed, may be discharged from the health institution where he receives treatment under the court’s or judge’s decision if the report prepared by the health commission of the institution contains a statement that there is no risk to the community, or the risk is considerably diminished.

(3) In the report of the health commission, information is provided according to the degree of mental illness and the quality of the offense whether the person is to be kept under the medical control or not and if so, how long this should be continued and at what intervals.

(4) The medical control and observation is provided for a period and at intervals indicated in the report through transfer of these people by the Public Prosecutor’s Office to the health organizations equipped with necessary technical instruments and specialist.

(5) Where the risk created by the mental deficiency of the person is determined to be increased during the medical control and observation, the court may re-adjudicate imposition of security precautions for protection and treatment purposes on the basis of the report.

(6) On the basis of the commission’s report issued by the fully organized health institution where the insane person is sheltered pursuant to the provisions of first and second subsections, the punishment of imprisonment may be applied, partially or entirely, as security precaution specific to persons suffering from mental illness subject to decision of the court: However, the convictions period remains the same.

(7) The court may adjudicate transfer of the persons who commits an offense or addicted to drugs or alcohol to the health institutions rendering therapy in this field. The therapy continues until these persons are saved from using alcohol or drugs. Upon completion of therapy, they are discharged from the health institution on the basis of the report to be prepared by the health commission under the court’s or judge’s decision.

Recidivism and Offenses Of Special Risk

ARTICLE 58-(1) Provisions relating to recidivism are applied in case of commission of an offense after finalization of the decision for conviction. Execution of the sentence is not sought for adoption of this provision.

(2) The provisions relating to recidivism may not be applicable for the offenses committed;

a) After lapse of five years as of the execution date of the sentence to imprisonment more than five years due to previous conviction,

b) After lapse of three years as of the execution date of sentence to imprisonment for five years or less due to previous conviction.

(3) In case of recidivism, the offender is punished with imprisonment if an alternative between imprisonment and administrative fine is provided in the relevant article of the law for the current offense.

(4) The provisions relating to recidivism may not be applicable in the felonious or negligent offenses and exclusive military offenses. Excluding offenses such as felonious homicide, felonious injury, plunder, swindling, production and trading of narcotic and harmful drugs or counterfeiting of valuable stamps, the decisions taken by the foreign courts may not be taken as basis in recidivism.

(5) The provisions relating to recidivism may not be applicable for the offenders not attained the full age eighteen on the commission date of the offense.

(6) The punishment to be imposed in case of recidivism is executed according to the regime exclusive to the recidivists and the convict is released following the execution of the sentence but kept under control and observation as precaution.

(7) The decision for conviction should contain a statement notifying adoption of special execution regime and imposition of precaution seeking control and observation of the recidivist after release.

(8) The sentence and precaution seeking control and observation of the recidivist after release is executed according to the procedure setout in the law.

(9) The court may decide adoption of special execution regime and precaution seeking control and observation of the recidivist after execution of the sentence also for the inveterate offenders, and the persons who commits offense in a professional manner or the offenders belonging to an organized group.

Deportation

ARTICLE 59-(19) After execution of the sentence, the court may adjudicate immediate deportation of a foreigner who is sentenced to imprisonment for a period of two years or more due to committed offense.

Security Precaution For The Legal Entities

ARTICLE 60-(1) In case of conviction of a crime through participation of the organs or representatives of a legal entity subject to special law and operating under the license granted by a public institution or misuse of authorization conferred upon by this license, the court may decide cancellation of this license.

(2) The provisions relating to confiscation are applied also for the legal entities involved in commission of offense.

(3) In cases where application of the provisions of the afore subsections is likely to create heavier consequences, the judge may refrain from imposition of such precautions.

(4) The provisions of this article are applicable for the cases specifically defined by the law.

THIRD SECTION

Determination and Individualization of Punishment

Determination of Punishment

ARTICLE 61-(1) In a concrete event, the judge determines the principal punishment between the minimum and maximum limits of the punishment defined in the law for the committed offense in consideration of the following facts;

a) How the offense is committed;

b) The tools used during commission of offense;

c) Commission time and place of offense;

d) The seriousness and consequences of the offense;

e) The grossness of the danger or risk;

f) The grossness of the fault of the offender based on felony or negligence;

g) The object and intension of the offender.

(2) Increase or reduction of punishment in case of felonious intent or conscious negligence is realized over the punishment to be determined according to the first subsection.

(3) In cases where the facts listed in the first subsection constitute the elements of offense, these facts may not be additionally considered in determination of the principal punishment.

(4) In case an offense creates more than one legal consequence which requires heavier or slighter punishment in regard to basis of the offense, the principal offense is first increased then reduced.

(5) The final punishment is assessed at the discretion of the court or judge over the punishment determined according to the afore subsections in consideration of the qualifications of offense such as attempt to commit an offense, participation in commission of an offense, unjust provocation, minority, insanity and other personal reasons.

(6) The period of punishment of imprisonment is determined on the basis of day, month and year. One day is considered as twenty-four hours; one month is thirty days. The year is calculated according to the official calendar. In punishment of imprisonment, the remainder of one day; in assessment of administrative fine, the remainder of one Turkish Lira may neither be considered in the calculations nor be executed as punishment.

Matters of Discretionary Mitigation

ARTICLE 62- (1) In case of existence of the discretionary matters of mitigation extenuating the punishment in favor of the offender, the offender is sentenced to life imprisonment instead of heavy life imprisonment; or twenty-five years imprisonment instead of life imprisonment. The matters of discretionary mitigation are indicated in the court’s decision.

(2) While evaluating the matters of mitigation, background, social relations and  behavior of the offender after the commission of offense and during the trial period, and potential affects of the punishment on the future of the offender is considered.

Set-off

ARTICLE 63- (1) The conviction periods realized prior to final decision and created by reasons resulting with a punishment limiting personal liberty are deducted from the adjudicated punishment of imprisonment. In case of adjudication of punitive fine, this is deducted from the punishment with the assumption that one day corresponds to one hundred Turkish Lira.

FOURTH SECTION

DISMISSAL OF AN ACTION AND VACATION OF PUNISHMENT

Death of Accused or Convict

ARTICLE 64- (1) In case of death of the convict, the court may adjudicate dismissal of public action. However, the proceedings relating to property and tangible benefits subject to confiscation is continued and decision is taken in this direction.

(2) The punishment of imprisonment and the punitive fines not yet executed is abrogated upon death of the convict. But, execution of judgments finalized before the death of the convict relating to confiscation or court expenses are carried on.

Amnesty

ARTICLE 65- (1) Public action is dismissed in case of amnesty. The imposed punishments are abated together with all consequences.

(2) In case of pardon, the convict may be released from penitentiary where he is sentenced to imprisonment or the period of imprisonment is shortened or the imprisonment can be transformed to punitive fine.

(3) The punishment of disqualification from certain rights under judgment is executed despite of pardon.

Statute of Limitation

ARTICLE 66- (1) Unless otherwise is provided in the law, public action is dismissed upon lapse of ;

a) Thirty years in offenses requiring punishment of heavy life imprisonment,

b) Twenty-five years in offenses requiring punishment of life imprisonment,

c) Twenty years in offenses requiring punishment of imprisonment not less than twenty years,

d) Fifteen years in offenses requiring punishment of imprisonment more than five years and less than twenty years,

e) Eight years in offenses requiring punishment of imprisonment or punitive fine not more than five years

(2) Public action is dismissed upon lapse of half of the a/m periods if the convict completed the age of ten but not yet attained the age of fifteen at the commission date of the offense; as for the convicts who completed the age of fifteen but not attained the age of eighteen, public action is dismissed upon lapse of one third of the a/m periods.

(3) In determination of statute of limitation, the qualified form of offense which requires imposition of heavy punishment is considered on the basis of the evidences presented to the file.

(4) The maximum limit of the punishment assessed in the law for the offense is taken into account during determination of the periods mentioned in afore subsection. In offenses, where imposition of alternative punishment is in question, the punishment of imprisonment is taken as basis with regard to statute of limitation.

(5) For the offender who is re-tried due to execution of same act no matter what the reason is, the statute of limitation to be determined according to the principle stipulated in third subsection for the subsequently tried offense is considered.

(6) In succeeded offenses, the statute of limitation starts to run as of the commission date of offense; in attempt to accomplish offense, as of the execution date of last act; in continuing offenses, as of the date on which the offense is discontinued; and in successive offenses, as of the commission date of last offense. In offenses committed against the minors by the antecedents or the persons who hold control or power on these persons, the statute of limitation starts to run as of the date on which the minor attains the full age of eighteen.

(7) Statute of limitation may not be applicable in case of commission of offenses in abroad, which require heavy imprisonment, or imprisonment or imprisonment more than ten years.

Suspension and Vacation of Statute of Limitation

ARTICLE 67- (1) In cases where the proceeding of investigation and prosecution is bound to a permission or decision, result of a matter to be solved by another authority; the statute of limitation is suspended until such permission or decision is obtained or the matter is resolved, or the court decision declaring the offender fugitive is abated pursuant to the law.

(2) The statute of limitation is vacated;

a) If any one of the suspects or offenders is brought before the court

to take his statement or interrogation purposes.

b) If a decision is taken for arrest of any one of the suspects or offenders,

c) If an indictment is prepared relating to the committed offense,

d) If a decision for conviction is given even though related with some of the offenders.

(3) After vacation of the running of the statute of limitation, an entirely new statute of limitation starts to run. Where there are more than one reasons leading to vacation of statute of limitation, the statute of limitation starts to run again as of the date, which coincides to the occurrence date of the last disruption event.

(4) In case of vacation, the statute of limitation is extended at most up to one half of the period stipulated in the Law for the committed offense.

Statutory Period for Execution of Punishments

ARTICLE 68-(1) The punishments listed in this article may not be executed upon lapse of following periods;

a) Forty years in punishment of heavy life imprisonment,

b) Thirty years in punishment of life imprisonment,

c) Twenty-four years in punishment of imprisonment for twenty years or more,

d) Twenty years in punishment of imprisonment more than five years,

e) Ten years in punishment of imprisonment and punitive fines imposed up to five years.

(2) Punishment may not be executed upon lapse of half of the a/m periods if the convict completed the age of twelve but not yet attained the age of fifteen at the commission date of the offense; as for the convicts who completed the age of fifteen but not attained the age of eighteen, the statutory period is determined as two thirds of the a/m periods.

(3) Statutory period may not be applicable in the punishments of heavy life imprisonment of life imprisonment or imprisonment more than ten years imposed due to offenses committed abroad as detailed in Fourth Chapter, Second Volume of this Law.

(4) The convictions subject to different punishments may not be considered as executed upon lapse of the period prescribed for the heaviest punishment.

(5) Statutory period, during which a penalty is imposed, starts to run as of the finalization date of the conviction or the date on which the execution of punishment is vacated for any reason whatsoever; and remaining portion of the punishment is considered in assessment of this period.

Statutory Period and Disqualification of certain rights

ARTICLE 69-(1) The period during which the convict is disqualified from certain rights bound to a punishment or conviction, continues until expiry of statutory period.

Statutory Period for Confiscation

ARTICLE 70- The decision for conviction may not be executed after lapse of twenty years as of the date of final decision.

Vacation of Statutory Period for Execution of Punishment

ARTICLE 71-(1) Any notice served by the competent authority according to the procedure setout in the law informing the decision of conviction and subsequent arrest of the convict, results with vacation of statutory period.

(2) If a person is convicted of a malicious offense which requires imposition of imprisonment with maximum limit more than two years, this may lead to vacation of statutory period.

Quantification and Application of Statute of Limitation and Statutory Period

ARTICLE 72- (1) Statute of Limitation and Statutory Period is determined on the basis of day, month and year. One day is considered as twenty-four hours; one month is thirty days; and one year is calculated according to officially accepted calendar.

(2) Statute of Limitation and Statutory period is applied ex officio and neither of the suspects, accused and convict may withdraw from exercising these periods.

Offences of which the investigation and prosecution is bound to a complaint, conciliation

ARTICLE 73- (1) No investigation or prosecution is proceeded unless a complaint is brought by the victim of an offense against the offense of which the investigation and prosecution is bound to a complaint.

(2) Provided that the statutory period is not expired, this period starts to run as of the date on which the complainant becomes aware of the malicious act and the offender.

(3) If one of the victims of the offense fails to bring a complaint within six months period, this may not mean the vacation of the rights of the others.

(4) Unless otherwise is provided by the law, in the offenses of which the prosecution is bound to a complaint, withdrawal of the victim from the complaint results with dismissal of the action; withdrawal upon obtaining of final decision may not suppress execution of punishment.

(5) Withdrawal from complaint about one of the accomplice who is some in some way associated in commission of offense (collective offense), also covers the others.

(6) Unless otherwise is provided by the law, withdrawal may not affect the convict refusing to accept this intent.

(7) If the dismissal of public action results from withdrawal of complaint by the victim and at the same time, the convict declares waiver from all personal rights, then it becomes impossible to file an action in a civil court.

(8) In the offenses of which the investigation and prosecution is bound to a complaint and where the victim is a real person or legal entity subject to special law; in case the victim and offender reaches conciliation by free will upon admission of the offense by the offender, or acceptance of compensation or recovery of entire or majority of damage, no public action is proceeded after determination of this fact by the Public Prosecutor or the Judge. Besides, the court may decide dismissal of the public prosecution.

Affects of dismissal of action or vacation of punishment

ARTICLE 74- (1) General Amnesty, pardon and withdrawal from complaint may not require return of confiscated property or reimbursement of the punitive fine collected against the committed offense.

(2) Dismissal of public prosecution may not affect the action filed to bring a personal claim for return of confiscated property and compensation of damages.

(3) Dismissal of action may not affect the provisions relating to personal rights, compensation of damages and court expenses. However, court expenses may not be claimed in case of declaration of general amnesty.

Pre-payment

ARTICLE 75 (1)-Excluding the offenses within the scope of conciliation, no public prosecution is proceeded if the offender of the offenses which require imposition of only punitive fine or imprisonment not exceeding maximum limit of three months, agrees to pay within ten days as of the date of notice to be served by the Public prosecutor the following amounts together with the investigation charges;

a) the fixed penalty amount, if the amount is not fixed, then the minimum limit of punitive fine,

b) the amount to be calculated by considering twenty Turkish Lira per day, corresponding to minimum limit of punishment of imprisonment,

c) Where the punishment of imprisonment and punitive fine is imposed at the same time, the amount to be assessed for imprisonment according to paragraph (b) of this subsection plus the minimum limit of punitive fine.

(2) In case the matter is spontaneously brought to the court pursuant to the provisions of the special law, dismissal of public prosecution again may be considered if the offender agrees to pay, upon notification of the judge, the penalty amount to be assessed according to first subsection, as well as the court expenses incurred thereof.

(3) The provisions of afore subsection are applied in case of start of public prosecution by the Public Prosecutor without executing pre-payment transaction or transformation of the act subject to prosecution to an offense within the scope of this clause.

(4) The amount payable in cases where deemed necessary to impose one of the alternatives, either imprisonment with maximum limit less than three months or punitive fine, the penalty is determined on the basis of the punitive fines according to the afore subsections.

(5) Withdrawal from commencement of a public prosecution or dismissal of action pursuant to this clause, may not affect the provisions relating to claim of personal rights, re-possession of property and confiscation.

—- –

SECOND VOLUME

Special Provisions

FIRST CHAPTER

International Offenses

FIRST SECTION

Genocide and Offenses against Humanity

Genocide

ARTICLE 76- (1) Execution of any one of the following acts under a plan against members of national, racial or religious groups with the intention of destroying the complete or part of the group, creates the legal consequence of an offense defined as genocide.

a) Voluntary manslaughter

b) To act with the intension of giving severe corporal or spiritual injury,

c) To impose conditions that make survival of complete or part of the group members impossible,

d) To impose that prevent births in the group,

e) To transfer minors of a group to another group,

(2) A person who commits the offense of genocide is sentenced to heavy imprisonment.

(3) The court may adjudicate imposition of security precautions upon the legal entities due to such offenses,

(4) These offenses are not subject to statute of limitation.

Offenses against Humanity

ARTICLE 77- (1) Execution of any one of the following acts systematically under a plan against a sector of a community for political, philosophical, racial or religious reasons, creates the legal consequence of an offenses against humanity.

a) Voluntary manslaughter,

b) To act with the intension of giving injury to another person,

c) Torturing, 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 researches/tests

f) Sexual harassment, child molestation,

g) Forced pregnancy

h) Forced prostitution

(2) In case of execution of the act mentioned in paragraph (a) of first subsection, the convict is sentenced to heavy imprisonment; in case of commission of offenses listed in other paragraphs, the convict is sentenced to imprisonment not less than eight years. However, if the offense is caused by voluntary manslaughter or intentional injury of a person, then the provisions relating to physical joinder are applied in consideration of number of victims.

(3) The court may adjudicate imposition of security precautions upon the legal entities due to such offenses,

(4) These offenses are not subject to statute of limitation.

Organized groups

ARTICLE 78-(1) Those forming organized groups or engage in management of such groups are punished with imprisonment from ten years to fifteen years. Any person who becomes a member of such group is sentenced to imprisonment from five years to ten years.

(2) The court may adjudicate imposition of security precautions upon the legal entities due to such offenses.

(3) These offenses are not subject to statute of limitation.

SECOND SECTION

Unlawful Transfer of Immigrants to a Country and Human Trade

Unlawful Transfer of Immigrants to a country

ARTICLE 79- (1) Persons who directly or indirectly involve in;

a) Unlawful entry of a foreigner in the country or facilitate his stay in the country, and

b) Unlawful transfer of  Turkish citizens or foreigners to abroad,

are sentenced to imprisonment from three years to eight years and punished with a punitive fine up to ten thousand days.

(2) In case of commission of this offense by an organized group, the punishment to be imposed is increased by one half.

(3) In case of commission of this offense within the frame of activities of a legal entity, the court may decide on imposition of security measures specific to the legal entities.

Human Trade

ARTICLE 80-(1) Persons who provide, kidnap or shelter or transfer a person (s) from one place to another unlawfully and by force, threat or violence or misconduct of power or by executing acts of enticement or taking advantage of control power on helpless persons in order to force them to work or serve for others or to send them away where he is treated almost like a slave, are sentenced to imprisonment from eight years to twelve years and punished with punitive fine up to ten thousand days.

(2) In case of execution of acts which constitute offense in the definition of first subsection, the consent of the victim is considered void.

(3) In case of kidnapping, providing, sheltering or transfer of a person(s) who is under the age of eighteen, the offender is subject to the punishments indicated in the first subsection even if he did not execute the acts causing offense.

(4) Security precautions are applied for the legal entities committing such offenses.

SECOND CHAPTER

Offenses Against Individuals

FIRST SECTION

Offenses against Life

Voluntary manslaughter (Felonious Homicide)

ARTICLE 81-(1) Any person who unlawfully kills a person is sentenced to life imprisonment.

Qualified form of felonious homicide

ARTICLE 82- (1) In case of commission of this offense;

a) Willfully,

b) Ferociously or brutality,

c) By use of nuclear, biological or chemical weapons which cause explosion or result with fire, flood, destruction, sinking etc.

d) Against any one of the antecedents or descendents, or spouse or brother/sister, or

e) Against a child or a person who cannot protect himself due to corporal or spiritual disability, or

f) Against a pregnant woman, or

g) By virtue of public office, or

h) With the intention of concealing or facilitating commission of an offense, or destroying the evidences, or

i) Blood feud,

j) Ethical reasons,

the offender is sentenced to heavy life imprisonment.

Felonious homicide due to failure or negligence

ARTCILE 83- (1) In order to keep a person responsible from a death due to failure to perform an obligation, the failure or negligence creating such consequence should be equal to commissive act in degree.

(2) In order to accept negligence and commissive act as equal elements, a person;

a) Should have undertaken liabilities arising out of a legal adaptations or contract to execute a commissive act, and

b) His previous performance should constitute a risk against the other’s life.

(3) Any person causing death of a person due to failure in performing of a legal obligation or requirement, as a basic punishment, is sentenced to imprisonment from twenty years to twenty years instead of heavy life imprisonment and from fifteen years to twenty years imprisonment instead of life imprisonment. As for the other cases, the court may decide for imprisonment from ten years to fifteen years, or reduction of punishment.

Suicide

ARTICLE 84-(1) Any person who solicits, encourages a person to commit suicide, or supports the decision of a person for suicide or helps the suicide action in any manner whatsoever, is punished with imprisonment from two years to five years.

(2) In case of commission of suicide, the person who is involved in such act is sentenced to imprisonment from four years to ten years.

(3) Any person who openly encourages others to commit suicide is punished with imprisonment from three years to eight years.

(5) Persons who encourage others, lack of ability to understand the meaning and consequences of the executed act, to commit suicide, or force a person to commit suicide under threat, are convicted of felonious homicide.

Negligent homicide

ARTICLE 85-(1) Any person who causes death of a person by negligent conduct is punished with imprisonment from three years to six years.

(2) If the act executed results with death or injury of more than one person, the offender is punished with imprisonment from three years to fifteen years.

SECOND SECTION

Offenses of Bodily Harm

Felonious injury

ARTICLE 86- (1) Person intentionally giving harm or pain to another person or executes an act which may lead to deterioration of health or mental power of others, is sentenced to imprisonment from one year to three years.

(2) In case of commission of offense of felonious injury;

a) Against antecedents or descendents, or spouse or brother/sister,

b) Against a person who cannot protect himself due to corporal or spiritual disability,

c) By virtue of public office,

d) By undue influence based on public office,

e) By use of a weapon,

the offender is sentenced to imprisonment from two years to five years.

Consequential Heavy Injury

ARTICLE 87- (1) If the act of felonious injury results with;

a) Loss of any one of the senses or organs of the victim,

b) Continuous difficulty in speaking,

c) Distinct mark on the face,

d) Risk of life,

e) Premature birth of a child,

then the  punishment determined according to the above article is increased on fold. However, the punishment to be imposed may not be less than three years in offences within the scope of first subsection; as for the offenses within the scope of second subsection, the punishment to be imposed may not be less than five years.

(2) If the act of felonious injury results with;

a) Incurable illness or causes vegetative existence of the victim,

b) Loss of sensual or bodily functions,

c) Loss of ability to speak and to give birth to a child,

d) Distinct facial change,

e) Abortion, if the offense is committed against a pregnant woman,

then the punishment determined according to the above article is increased by one fold. However, the punishment to be imposed may not be less than three years in offences within the scope of first subsection; as for the offenses within the scope of second subsection, the punishment to be imposed may not be less than five years.

(3) Where the felonious injury results with break of corporal bones, the offender is sentenced to imprisonment from one year to six years according to the extent of injury in vital functions of the broken bones.

(4) Where the felonious injury results with death of a person, the offender is sentenced to imprisonment from eight years to twelve years in offenses within the scope of first subsection; as for the offenses within the scope of second subsection, the punishment of imprisonment is imposed from twelve years to sixteen years.

Offenses subject to less punishment

ARTICLE 88- (1) In cases where it is possible to diminish the affect of felonious injury by a simple medical surgery, the offender is sentenced to imprisonment from four months to one year or punitive fine upon complaint of the victim.

(2) In case of commission of felonious injury by negligence, the punishment to be imposed may be reduced up to two thirds. In practice of this provision, the conditions relating to negligent homicide are taken into consideration in practice of this provision.

Negligent injury

ARTICLE 89-(1) Any person who gives corporal or spiritual injury to a person or cause deterioration of ones health or consciousness by negligence, is sentenced to imprisonment from three months to one year or punitive fine.

(2) If the negligent injury results with;

a) Weakening of sensual or bodily functions of the victim,

b) Break of bones,

c) Continuous difficulty in speaking,

d) Distinct facial mark,

e) Risk of life,

f) Premature birth of a child,

then the punishment imposed according to first subsection is increased as much as one half.

(3) If the negligent injury results with;

a) Incurable illness or causes vegetative existence of the victim,

b) Loss of sensual or bodily functions,

c) Loss of ability to speak and to give birth to a child,

d) Distinct facial change,

e) Abortion, if the offense is committed against a pregnant woman,

then the punishment imposed according to first subsection is increased by one fold.

(4) If the offense results with injury of more than one person, the offender is sentenced to imprisonment from six months to three years.

(5) Excluding the negligent act done with knowledge of essential facts and its legal consequences, commencement of investigation and prosecution for such offenses is bound to filing of a complaint.

Use of human for experimental purposes

ARTICLE 90- (1) Any person who uses a person for experimental purposes is sentenced to imprisonment from one year to three years.

(2) In order for an experiment carried out upon human under consent not to be subject to a criminal punishment;

a) Necessary approval should be received from the competent board or authority,

b) The experiment should be initially carried out upon sufficient number of animals without existence of human,

c) There should be a need to try human for verification of scientific data obtained as a result of experiments carried out upon animals without existence of human,

d) No harmful and steady affects of the experiment should be foreseen on human,

e) The method adopted in the experiments should not give pain in such a way to dishonor the person used in the experiment,

f) The object tried to be achieved by experiment should be much more important than the risk or burden undertaken by the person,

g) The consent of the person should be obtained in writing by furnishing information about the nature and consequences of the experiment not allowing him to expect any benefit from this experiment.

(3) The children may not be used in experimental purposes.

(4) Any person who carries out an experiment upon a sick person for treatment purposes without obtaining his consent is punished with imprisonment up to one year. However, where there is no hope to treat a person with ordinary medical means, an experiment based on new scientific methods can be carried out upon a person by obtaining his consent. In such case, no punishment is imposed. This consent should be obtained in writing by furnishing information about the nature and consequences of the experiment and the treatment should be undertaken by a specialist physician in a hospital.

(5) The provisions of the Law relating to felonious homicide and felonious injury are applied in case of injury or death of the victim following the commission of the offense defined in first subsection.

(6) The security precautions specific to legal entities are applied in case of commission of offenses listed in this section within the frame of the activities of a legal entity.

Trading of organs and tissues

ARTICLE 91-(1) Any person who takes an organ from another person without his lawful consent is punished with imprisonment from five years to nine years. If the case is unlawful delivery of a tissue, then the offender is sentenced to imprisonment from two years to five years.

(2) Any person who unlawfully takes an organ or tissue from a deceased person is punished with imprisonment up to one year.

(3) Any person who engages in purchase, sale of an organ or tissue, or acts as intermediary in such activities is sentenced to punishments listed in first subsection.

(4) In case of commission of offenses listed in first and third subsection within the activities of a legal entity, the offender is sentenced to imprisonment from eight years to fifteen years and punitive fine is imposed up to ten thousand days.

(5) Any person who hides and delivers or engages in implantation of an unlawfully obtained organ or tissue is sentenced to imprisonment from two years to five years.

(6) Any person who gives advertisement or publishes articles relating to donation of organs or tissues against certain benefit is sentenced to imprisonment up to one year.

(7) The security precautions specific to legal entities are applied in case of commission of offenses listed in this section within the frame of the activities of a legal entity.

(8) The provisions relating to felonious homicide are applied in case of death of the victim due to commission of an offense defined in first subsection.

State of destitute

ARTICLE 92-(1) The punishment to be imposed may be reduced or entirely lifted in consideration of the social and economic conditions of the person selling his organs or tissues.

Contrition

ARTICLE 93-(1) If the person selling his organs and tissues notifies the official authorities before they notice such activity and helps arrest of the offenders, he is no longer imposed punishment.

(2) If the person selling his organs and tissues helps disclosure of offense and renders service or assistance in catching of other offenders after notification of the official authorities, then the punishment to be imposed is reduced from one fourth to one half.

THIRD SECTION

Torture and Torment

Torture

ARTICLE 94-(1) Any public officer who causes severe bodily or mental pain, or loss of conscious or ability to act, or dishonors a person, is sentenced to imprisonment from three years to twelve years.

(2) The punishment may not be reduced in case of commission of offense;

a) Against a child who cannot protect himself due to corporal or spiritual disability,

b) Against an attorney or another public officer by virtue of office,

the offender is sentenced to imprisonment from eight years to fifteen years.

(3) In case of engagement in any act defined as sexual harassment, the offender is punished with imprisonment from ten years to fifteen years.

(4) Other persons who participate in commission of an offense are punished likewise the public officer.

(5) The punishment to be imposed may not be reduced even if the offense is committed by negligence.

Consequential severe torture

ARTICLE 95-(1) Punishment determined according to the above article is increased by one half if the offense results with;

a) Weakening of sensual or bodily functions of the victim,

b) Continuous difficulty in speaking,

c) Distinct facial mark,

d) Risk of life,

e) Premature birth of a child.

(2) Punishment determined according to the above article is increased by one fold if the offense results with;

a) Incurable illness or causes vegetative existence of the victim,

b) Loss of sensual or bodily functions,

c) Loss of ability to speak and to give birth to a child,

d) Distinct facial change,

e) Abortion, if the offense is committed against a pregnant woman.

(3) In cases where the torture causes break of bones in the body, the offender is sentenced to imprisonment from eight years to fifteen years according to affects of broken bone on vital functions.

(4) In case of death of a person from torture, the offender is sentenced to heavy life imprisonment.

Torment

ARTICLE 96-(1) Any person who causes suffering of another person by his acts is sentenced to imprisonment from two years to five years.

(2) In case of commission of offenses within the scope of above subsection;

a) Against a child who cannot protect himself due to corporal or spiritual disability, or against a pregnant woman,

b) Against antecedents or descendents or father/mother or spouse,

then the  offender is sentenced to imprisonment from three years to eight years.

FOURTH SECTION

Breach of Protection, Observation, Assistance and Notification Liability

Abandonment

ARTICLE 97-(1) Any person who abandons another person who is under protection and observation due to state of disability bound to old age or sickness, is sentenced to imprisonment from three months to two years.

(2) If the victim suffers an illness or subject to injury or death due to abandonment, the offender is punished according to the provisions relating to aggravated offense.

Failure in fulfillment of liability to render assistance or to serve notice

ARTICLE 98-(1) Any person who fails to render assistance to an old, disabled or injured person at the extent of his ability, or fails to notify the concerned authorities in time, is punished with imprisonment up to one year or punitive fine.

(2) In case of death of a person due to failure in rendering assistance or notification of concerned authorities, the person responsible is sentenced to imprisonment from one year to three years.

FIFTH SECTION

Causing Abortion, Abortion and Sterilization

Causing Abortion

ARTICLE 99-(1) Any person, who causes abortion and loss of a child without consent of the woman, is punished with imprisonment from five years to ten years.

(2) Any person, who involves in expulsion of foetus older than ten weeks although medically not necessitated, is sentenced to imprisonment from two years to four years even if the consent of the woman is obtained for abortion. In such case, the woman who gives consent to abortion is also punished with imprisonment up to one year, or punitive fine.

(3) If a person is subject to corporal or spiritual injury due to execution of the act mentioned in first subsection, then the offender is sentenced to imprisonment from six years to twelve years. In case of death of a woman because of illegal abortion, the person responsible from this consequence is sentenced to imprisonment from fifteen years to twenty years.

(4) If the act mentioned in the second subsection results with corporal and spiritual injury of a woman, the person responsible from this consequence is sentenced to imprisonment from three years to six years; in case of death of woman, punishment of imprisonment from four years to eight years is imposed for the offender.

(5) Even if the abortion is based on consent of the woman, expulsion of fetus, which is less than ten weeks (incl.), by an unauthorized person, is subject to punishment of imprisonment from two years to four years. If the above-mentioned acts are executed by an unauthorized person, the punishments assessed pursuant to above subsections are increased by one half.

(6) In case a woman gets pregnant as a result of an offense, no punishment is imposed on the person due to expulsion of fetus provided that the pregnancy period does not exceed twenty weeks and the consent of the woman is obtained for abortion. In such case, the abortion should be made by the specialist physicians in the hospital.

Abortion

ARTICLE 100-(1) In case a woman agrees on abortion during the pregnancy period exceeding ten weeks, then she is punished with imprisonment up to one year or punitive fine.

Sterilization

ARTICLE 101-(1) Any person, who involves in sterilization without the consent of man or woman, is sentenced to imprisonment from three years to six years. If the sterilization process is performed by an unauthorized person, then the punishment is increased by one third.

(2) Even if the abortion is based on the consent of parties, performance of this act by unauthorized persons is still subject to punishment from one year to three years.

SIXTH SECTION

Offenses against Sexual Immunity

Sexual abuse

ARTICLE 102- (1) Any person who attempts to violate sexual immunity of a person, is sentenced to imprisonment from two years to seven years upon compliant of the victim.

(2) In case of commission of offense by inserting an organ or instrument into a body, the offender is punished with imprisonment from seven years to twelve years. In case of commission of this offense against a spouse, commencement of investigation or prosecution is bound to complaint of the victim.

(3) If the offense is committed;

a) Against a person who cannot protect himself because of corporal or spiritual disability,

b) By undue influence based on public office,

c) Against a person with whom he has third degree blood relation or kinship,

d) By using arms or participation of more than one person in the offense,

the punishments imposed according to above subsections are increased by one half.

(4) In case of use of force during the commission of offense in such a way to break down victim’s resistance, the offender is additionally punished for felonious injury.

(5) In case of deterioration of corporal and spiritual health of the victim as a result of the offense, the offender is sentenced to imprisonment not less than ten years.

(6) In case of death of vegetal existence of a person as result of the offense, the offender is sentenced to heavy life imprisonment.

Child molestation

ARTICLE 103-(1) Any person who abuses a child sexually is sentenced to imprisonment from three years to eight years.

Sexual molestation covers the following acts;

a) All kinds of sexual attempt against children who are under the age of fifteen or against those attained the age of fifteen but lack of ability to understand the legal consequences of such act,

b) Abuse of other children sexually by force, threat or fraud.

(2) In case of performance of sexual abuse by inserting an organ or instrument into a body, the offender is sentenced to imprisonment from eight years to fifteen years.

(3) In case of performance of sexual abuse by antecedents, second or third degree blood relations, step father, guardian, educator, trainer, nurse and other persons rendering health services and responsible from protection and observation of the child, or by undue influence based on public office, the punishment to be imposed according to the above subsections is increased by one half.

(4) In case of execution of sexual abuse against the children listed in paragraph (a) of first subsection by use of force or threat, the punishment to be imposed is increased by one half.

(5) The provisions relating to felonious injury are additionally applied in case the acts of force and violence cause severe injury to the person subject to sexual abuse.

(6) In case of deterioration of corporal and spiritual health of the victim as a result of offense, the offender is sentenced to imprisonment not less than fifteen years.

(7) In case the offense results with death or vegetal existence of the victim, the offender is punished with heavy life imprisonment.

Sexual intercourse between/with persons not attained the lawful age

ARTICLE 104 – (1) Any person who is in sexual intercourse with a child who completed the age of fifteen without using force, threat and fraud, is sentenced to imprisonment from six months to two years upon filing of a complaint.

(2) If the offender is older than the victim more than five years, the punishment to be imposed is doubled without seeking raise of a complaint.

Sexual harassment

ARTICLE 105-(1) If a person is subject to sexual harassment by another person, the person performing such act is sentenced to punishment from three years to two years upon complaint of the victim.

(2) In case of commission of these offenses by undue influence based on hierarchy or public office or by using the advantage of working in the same place with the victim, the punishment to be imposed according to the above subsection is increased by one half.  If the victim is obliged to leave the business place for this reason, the punishment to be imposed may not be less than one year.

SEVENTH SECTION

Offenses against Freedom

Threat

ARTICLE 106- (1) Any person who threatens another person by saying that he intents to kill himself or one of his relatives, or to violate corporal or sexual immunity of others, is punished with imprisonment from six months to two years.

(2) In case of performance of threat;

a) By use of a weapon,

b) By unsigned letter or use of special signs concealing ones identity,

c) By more than one person,

d) By taking advantage of the terror actions of existing or potential organized groups,

the offender is sentenced to imprisonment from two years to five years.

(3) In case of commission of offense by threat resulting with felonious homicide, felonious injury or damage to property, the offender is additional punished from these offenses.

Blackmail

ARTICLE 107- (1) Any person who forces a person to perform an act contrary to the law; or to execute or not to execute a duty beyond his responsibility; or to derive unjust benefit from a thing by declaring his will to perform or not to perform an obligation which he is entitled to do so, is sentenced to imprisonment from one year to three years and punished with punitive fine up to five thousand days.

Violence

ARTICLE 108-(1) In case of use of physical power against a person to force him to do or not to do a thing, or to allow him to perform an act, the punishment determined for  felonious injury is imposed with an increase from one third to one half.

ARTICLE 109-(1) Any person who unlawfully restricts the freedom of a person by preventing him from traveling or living in a place is sentenced to imprisonment from one year to five years.

(2) If a person uses physical power or threat or deception to perform an act or during commission of offense, then he is sentenced to imprisonment from two years to seven years.

(3) In case of commission of this offense;

a) By use of a weapon,

b) Jointly by a group of persons,

c) By virtue of a public office,

d) By undue influence based on public office,

e) Against antecedents, descendents or spouse,

f) Against a child or a person who cannot protect himself due to corporal or spiritual disability,

the punishment to imposed according to above subsections is increased by one fold.

(4) If this offense results with gross economical loss of the victim, the offender additionally is imposed punitive fine up to one thousand days.

(5) In case of commission of offense with sexual intent, the punishments to be imposed according to above subsections are increased by one half.

(6) The provisions relating to felonious injury are additionally applied in case of commission of aggravated form of this offense which creates the consequences of felonious injury.

Sincere repentance

ARTICLE 110-(1) If a person committing the offense defied in the above article frees the victim by his own will before the commencement of investigation at a secure place and without giving any harm, then two thirds of the punishment is reduced in consideration of his repentance.

Imposition of security precautions on legal entities

ARTICLE 111-(1) Security precautions specific to the legal entities are applied for those who secure unjust benefit from commission of the offenses such as threat, blackmail, violence or restriction of freedom of a person.

Prevention of Education and Training

ARTICLE 112-(1) Punishment of imprisonment from one year to three years is imposed in case of execution of following acts contrary to the law by use of force or threat;

a) Prevention of all kinds of educational and training activities  carried out under license issued by the public authorities,

b) Prevention of entry into buildings and premises where the students are sheltered in groups, or destruction of these buildings and premises.

Prevention of activities of the public institutions or the professional organizations in the nature of public institution

ARTICLE 113-(1) In case of prevention of activities of public institutions by use violence or threat or any other act contrary to the law, punishment of imprisonment is imposed from one year to three years.

Prevention of use of political rights

ARTICLE 114-(1) Any person who uses violence or threat against another person in order to force him;

a) To become or not to become e member of a political party, to participate or not to participate in the activities of a political party, to leave the political party or not to serve in the management of the political party,

b) Not to be nominated in an election for a public office, or to resign from the position he has been elected,

is subject to punishment of imprisonment from one year to three years.

(2) In case of prevention of activities carried out by a political party by use of violence, threat or performance of any act contrary to the law, the punishment to be imposed is determined according to the above subsection.

Restriction of freedom of belief, conception, conviction

ARTICLE 115-(1) Any person who forces another person by using violence or treat to disclose or change his religious, political, philosophical beliefs, conceptions and convictions, or prevents discloser and publication of the same, is punished with imprisonment from one year to three years.

(2) In case of prevention of mass religious service or worship by use of violence or threat or performance of any act contrary to the law, the punishment to be imposed is determined according to the above subsection.

Violation of Dwelling Immunity

ARTICLE 116-(1) Any person who illegally enters the residence of another person or its attachments and occupies the place without the consent of the owner is punished with imprisonment from six months to two years upon complaint of the victim.

(2) The provisions of above subsection may not be applied if the residence is jointly used under consent by the spouses or more than one person forming the conjugal community.

(3) In case of commission of the offenses within the scope of first subsection in business places and their attachments, other than ordinary places of which the entrance is not subject to permission, punishment of imprisonment from six months to one year, or punitive fine is imposed whichever the case is.

(4) In case of commission of offense by use of violence or threat or during the night, the offender is sentenced to imprisonment from one year to three years.

Violation of freedom of Work and Labor

ARTICLE 117-(1) Any person who violates freedom of work and labor by using violence or threat or performing an act contrary to the law, is sentenced to imprisonment from six months to two years and imposition of punitive fine upon complaint of the victim.

(2) Any person who employs helpless, homeless and dependent person (s) without payment or with a low wage incomparable with the standards or forces him to work and live inhumanly conditions, is sentenced to imprisonment from six months to three years or imposed punitive fine not less than hundred days.

(3) The same punishment is imposed also to a person who provides or transfers a person from one place to another to have him live and work under the   above mentioned conditions.

(4) Any person who unlawfully increases or decreases the wages, or forces employees to work under the conditions different than that of agreed in the contract, or causes suspension, termination or re-start of the works, is sentenced to imprisonment from six months to three years.

Prevention of use of syndical rights

ARTICVLE 118- (1) Any person who uses violence or threat against a person in order to force him to become or not to become a member of a trade union, or to participate or not to participate in the activities of the union, or to cancel his membership from the union or to declare his resignation from the management of the union, is sentenced to imprisonment from six months to two years.

(2) In case of prevention of activities of the trade union/syndicate by using violence or threat or performing any other act contrary to the law, the offender is subject to punishment of imprisonment from one year to three years.

Joint conviction

ARTICLE 119-(1) In case of commission of offenses such as prevention of education and training, prevention of activities of public institutions and professional organizations in the nature of public institution, prevention of use of political rights, restriction of freedom of belief, conception and conviction, violation of dwelling immunity or restriction of freedom of work and labor ;

a) By use of a weapon,

b) By unsigned letter or use of special signs concealing ones identity,

c) By more than one person,

d) By taking advantage of the terror actions of the existing or potential organized groups,

e) By undue influence based on public office,

the punishment to be imposed is increased by one fold.

(2) The provisions relating to felonious injury are additionally applied in case of commission of aggravated form of this offense which creates the consequences of felonious injury.

Unjust Search

ARTICLE 120-(1) Any public officer who unlawfully searches a person or his belongings is sentenced to imprisonment from three months to one year.

Prevention of right of application

ARTICLE 121-(1) In case of rejection of an application made to a competent public authority by a person using his legal rights without having legitimate reason, the offender is sentenced to imprisonment up to six months.

Discriminatory Behavior

ARTICLE 122-(1) Any person who makes discrimination between individuals because of their racial, lingual, religious, sexual, political, philosophical belief or opinion, or for being supporters of different sects and therefore;

a) Prevents sale, transfer of movable or immovable property, or performance of a service, or benefiting from a service, or bounds employment or unemployment of a person to above listed reasons,

b) Refuses to deliver nutriments or to render a public service,

c) Prevents a person to perform an ordinary economical activity,

is sentenced to imprisonment from six months to one year or imposed punitive fine.

Deterioration of peace and order

ARTICLE 123-(1) If a person insistently calls another person, or makes noise with the intention of deteriorating peace and order or executes any other unlawful act for this purpose, is sentenced to imprisonment from three months to one year upon complaint of the victim.

Prevention of communication

ARTICLE 124-(1) In case of unlawful prevention of communication among the persons, the offender is sentenced to imprisonment from six years to two years or imposed punitive fine.

(2) Any person who unlawfully prevents communication among the public institutions is punished with imprisonment from one year to five years.

(3) Punishment is imposed according to the provisions of second subsection in case of unlawful prevention of broadcasts or announcements of all kinds of press and publication organs.

EIGHTH SECTION

Offenses Against Honor

Defamation

ARTICLE 125- (1) Any person who acts with the intention to harm the honor, reputation or dignity of another person through concrete performance or giving impression of intent, is sentenced to imprisonment from three months to two years or imposed punitive fine. In order to punish the offense committed in absentia of the victim, the act should be committed in presence of least three persons.

(2) The offender is subject to above stipulated punishment in case of commission of offense in writing or by use of audio or visual means directed to the aggrieved party.

(3) In case of commission of offense with defamatory intent;

a) Against a public officer,

b) Due to disclosure, change or attempt to spread religious, social, philosophical belief, opinion and convictions and to obey the orders and restriction of the one’s religion,

c) By mentioning sacred values in view of the religion with which a person is connected,

the minimum limit of punishment may not be less than one year.

(4) The punishment is increased by one sixth in case of performance of defamation act openly; if the offense is committed through press and use of any one of publication organs, then the punishment is increased up to one third.

(5) In case of defamation of public officers working as a committee to perform a duty, the offense is considered to have committed against the members forming the committee.

Determination of the aggrieved party

ARTICLE 126-(1) Even if the name of the aggrieved party is not clearly indicated during commission of offense or the accusation is implicitly expressed, both the name of the aggrieved party and the act of defamation is assumed to have been declared provided that there is   clear indication of defamation of a person’s character based on the quality of the offense.

Proof of Accusation

ARTICLE 127-(1) In case the accusation or act constituting offense is proved, the person responsible of such act may not be subject to punishment. In case the person subject to defamation is convicted due to such offense, the imputation is regarded as proved. Besides this, acceptance of demand for proof of accusation depends on justness of the imputed act, or whether or not it involves public interest, or consent of the complainant is received on this subject.

(2) Punishment is imposed in case of defamation of a person by attributing to his act which is already proved.

Plea/Defense Immunity

ARTICLE 128-(1) No punishment is imposed if the written or verbal declarations before the courts or administrative authorities contain concrete accusations or negative evaluations about the persons within the scope of plea/defenses. However, in order to achieve such consequence, the accusations and evaluations should be based on real and concrete facts and also be related with the dispute between the parties.

Mutual defamation due to unjust act

ARTICLE 129-(1) In case of commission of defamatory offense as a reaction to an unjust act, the punishment may be reduced up to one third, or is totally lifted.

(2) A person may not be subject to punishment in case of commission of this offense as a reaction to felonious injury.

(3) In case of commission of defamatory offense mutually by the parties, the punishment to be imposed on both or any one of the parties may be either reduced up to one third, or  is totally lifted.

Defamation of a person’s memory

ARTICLE 130-(1) Any person who defames memory of a person after his death in the presence of at least three persons, is sentenced to imprisonment from three months to two years, or imposed punitive fine. The punishment is increased by one sixth in case of commission of the said offense openly.

(2) Any person who receives entire or part of the body or bones of the deceased person, or performs humiliating acts against his body or bones, is punished with imprisonment from three months to two years.

Investigation and prosecution condition

ARTICLE 131-(1) Excluding offenses committed against a public officer due to performance of duty, proceeding of investigation and prosecution for defamatory offense is bound to complaint of the victim.

(2) If the victim dies before filing a complaint, or the offense is committed against the memory of the deceased person, then complaint may be raised by second degree antecedents and descendents, or spouses or brothers/sisters of the deceased.

NINTH SECTION

Offenses Against Privacy and Secrecy of Life

Violation of Communicational Secrecy

ARTICLE 132-(1) Any person who violates secrecy of communication between the parties is punished with imprisonment from six months to two years, or imposed punitive fine. If violation of secrecy is realized by recording of contents of communication, the party involved in such act is sentenced to imprisonment from one year to three years.

(2) Any person who unlawfully publicizes the contents of communication between the persons is punished with imprisonment from one year to three years.

(3) Any person who openly discloses the content of the communication between himself and others without obtaining their consent, is punished with imprisonment from six months to two years,

(4) The punishment determined for this offense is increased by one half in case of disclosure of contents of communication between the individuals through press and broadcast.

Tapping and recording of conversations between the individuals

ARTICLE 133-(1) Any person who listens non general conversations between the individuals without the consent of any one of the parties or records these conversations by use of a recorder, is punished with imprisonment from two months to six months.

(2) Any person who records a conversation in a meeting not open to public without the consent of the participants by use of recorder, is punished with imprisonment up to six months, or imposed punitive fine.

(3)Any person who derives benefit from disclosure of information obtained unlawfully as declared above, or allowing others to obtain information in this manner, is punished with imprisonment from six months to two years, or imposed punitive fine up to thousand days.

Violation of Privacy

ARTICLE 134- (1) Any person who violates secrecy of private life, is punished with imprisonment from six months to two years, or imposed punitive fine. In case of violation of privacy by use of audio-visual recording devices, the minimum limit of punishment to be imposed may not be less than one year.

(2) Any person who discloses audio-visual recordings relating to private life of individuals are sentenced to imprisonment from one year to three years. In case of commission of this offense through press and broadcast, the punishment is increased by one half.

Recording of personal data

ARTICLE 135-(1) Any person who unlawfully records the personal data is punished with imprisonment from six months to three years.

(2) Any person who records the political, philosophical or religious concepts of individuals, or personal information relating to their racial origins, ethical tendencies, health conditions or connections with syndicates is punished according to the provisions of the above subsection.

Unlawful delivery or acquisition of data

ARTICLE 136-(1) Any person who unlawfully delivers data to another person, or publishes or acquires the same through illegal means is punished with imprisonment from one year to four years.

Qualified forms of offense

ARTICLE 137- (1) In case of commission of the offenses defined in above articles;

a) By a public officer or due influence based on public office,

b) By exploiting the advantages of a performed profession and art,

the punishment is increased by one half.

Destruction of Data

ARTICLE 138-(1) In case of failure to destroy the data within a defined system despite expiry of legally prescribed period, the persons responsible from this failure is sentenced to imprisonment from six months to one year.

Compliant

ARTICLE 139-(1) Excluding recording of personal data, unlawful delivery or acquisition of  data and destruction of data, commencement of investigation  and prosecution for the offenses listed in this section is bound to complaint.

Imposition of security precautions on legal entities

ARTICLE 140-(1) Security precautions specific to legal entities are imposed in case of commission of offenses defined in the above articles by legal entities.

TENTH SECTION

Offenses Against Property

Larceny

ARTICLE 141-(1) Any person who takes other’s movable property from its place without the consent of the owner to derive benefit for himself or third parties is punished with imprisonment from one year to three years.

(2) All kinds of energy with economic value is also considered movable property.

Qualified Larceny

ARTICLE 142-(1) In case of commission of offense of larceny;

a) In public institutions and corporations no matter who is the owner, or in places reserved for worship or by stealing the property used for in public interest or services,

a) By stealing the property under custody in public places or buildings or their attachments,

b) By stealing the property in the transportation vehicles provided for public use, or in arrival/departure terminals,

c) By stealing the property reserved for prevention of damages  likely to be caused by a disaster or mitigation of its affects,

d) By stealing the property left in a certain place for use upon requirement,

e)By unlawful use of energy,

the offender is sentenced to imprisonment from two years to five years.

(2) In case of commission of this offense;

a) Against a person who is incapable to protect his belongings, or by taking advantage of a death,

b) By taking away the property carried on with a special skill,

c) By taking advantage of the fear or panic resulting from a natural disaster or social events,

d) By unlocking a door or safe with a counterfeited key kept unlawfully,

e) By use of data processing systems without consent,

f) By trying to conceal his identity or showing himself as a public officer although he is not authorized to do so,

g) By lifting cattle kept in shelters, herds or open places,

the offender is sentenced to imprisonment from three years to seven years. In case of commission of offense against a person who cannot defend himself due to corporal or spiritual disability by executing the acts mentioned in paragraph (b) of this subsection, the punishment to be imposed is increased up to one thirds.

(3) In case of commission of this offense by breach of rules relating to liquefied energy or any kind of energy in the form of gas, the punishment is determined in consideration of provisions of the second subsection. In case of commission of this offense within the frame of activities of an organized group, the offenders are sentenced to imprisonment up to fifteen years and also imposed punitive fine up to ten thousand days.

In case of commission of offense during the night

ARTICLE 143-(1) In case of commission of offense of larceny during the night, the punishment is increased up to one third.

Conditions subject to less punishment

ARTICLE 144-(1) In case of commission of offense of larceny;

a) For a property under joint or co-ownership,

b) To collect a debt receivable based on a legal relation,

the offender is punished with imprisonment from two months to one years, or imposed punitive fine upon complaint.

Property with less value

ARTICLE 145-(1) Punishment to be imposed against the offense of larceny may be reduced or totally lifted if the value of the property stolen is determined to be less.

Larceny by temporary use of a property

ARTICLE 146-(1) In case of commission of offense of larceny with the intention of  returning the property to the owner after using it for a certain period, the punishment to be imposed is reduced by one half upon complaint.

State of necessity

ARTICLE 147-(1) In case of commission of offense of larceny to meet a gross and urgent need, the punishment to be imposed may be either reduced or lifted according to the characteristics of the event.

Plunder

ARTICLE 148-(1) Any person who avoids delivery of a property or forces a person to resist taking over the delivery by use of threat or violence and mentioning that he intends to hurt himself or one of his acquaintances, or to execute an act aimed to violation of one’s corporal and sexual immunity, or to give severe damage to his property, is punished with imprisonment from six years to ten years.

(2) The same punishment is imposed if a person is forced to sign a  bill which will put him under burden, or to issue a document declaring the bill in hand as void, or to resist delivery of such bill, or to sign a document which may be transformed to a bill in future, or to destroy a bill or to resist destruction of the same.

(3) Injury of the victim by any means in such a way to cause loss of conscious and strength to defend oneself is also considered violence in offense of plunder.

Qualified plunder

ARTICLE 149-(1) In case of commission of offense of plunder;

a) By use of a weapon,

b) By concealing one’s identity,

c) Jointly by more than one person,

d) By intercepting a person in a residence or business place,

e) Against a person who cannot protect himself due to corporal and spiritual disability,

f) By taking advantage of terror action carried out by the existing and potential organized criminal groups,

g) By securing benefit for criminal groups,

h) During the night,

the offender is sentenced to imprisonment from ten years to fifteen years.

(2) The provisions relating to felonious injury are additionally applied in case of realization of aggravated form of felonious injury during commission of offense of plunder.

Conditions subject to less punishment

ARTICLE 150-(1) However, only the provisions relating to threat and felonious injury are applied for a person using threat or violence with the intention of collecting debts receivable based on a legal relation.

Damage to property

ARTICLE 151-(1) Any person who entirely or partially destroys, demolishes, corrupts, breaks or dirties other’s movable or immovable property in such a way not to be used any more, is punished with imprisonment from four months to three years, or imposed punitive fine.

(2) Any person who kills or harms an animal with an owner, without a justified reason, in such a way not to be used any more or to lower its value, is punished with imprisonment from four months to three years, or imposed punitive fine upoın complaint of the aggrieved party.

Qualified form of damage to property

ARTICLE 152-(1) In case of commission of this offense by damaging;

a) Buildings, premises or other property belonging to public institutions and corporations, or allocated to public service or  in places used for public interest,

b) All kinds of property or facilities reserved to prevent fire, flood, accidents or other disasters,

c) Trees, shrubs or wine yards wherever they are being planted, excluding places in the status of State forest,

d) Plants used for supply of irrigation, utility water or useful for prevention of disasters,

e) Buildings, premises or property owned by employers or workers, or trade unions/syndicates or confederations during lock-out or strikes,

f) Buildings , premises or property owned or used by political parties, professional organizations in the status of public institution and their supreme committees,

g) Commission of offense with the intention of injuring a public officer to take revenge even if his office period is terminated,

the offender is punished with imprisonment from one year to six years.

(2) The punishment to be imposed is doubled in case of commission of an offense by giving damage to property;

a) Through fire, use of flammable or explosive material,

b) Causing landscape, avalanche, flood or flow of water, or

c) Through exposure to radiation or use of nuclear, biological or chemical weapons.

Damage to worship places and cemeteries

ARTICLE 153-(1) Any person who damages worship places (churches, mosques etc.),  property used in such places, cemeteries and  buildings and premises over these areas by destroying, demolishing running the same, is sentenced to imprisonment from one year to four years.

(2) Any person who dirties the places and buildings listed in first subsection is punished with imprisonment from three months to one year, or imposed punitive fine.

(3) The punishment to be imposed is increased by one third in case of commission of offenses mentioned in first and second subsection with the intention of insulting religious group.

Invasion of a place

ARTICLE 154-(1) Any person who entirely or partially occupies immovable property or its attachments belonging to public institutions or real persons, or broadens, changes or destructs the boundaries of such places, or avoids, at a certain extent, exploitation of these immovable by the rightful parties, is punished with imprisonment from six months to three years and punitive fine up to thousand days.

(2) The punishments set-forth in first subsection are applied for any person who entirely or partially confiscates immovable property belonging to village administration and allocated for common use of villagers such as pasturages, harvest place, roads and fountains, and uses this immovable for agricultural purposes.

(3) Any person who changes the direction of water canals belonging to public or real persons is subject to punishments stipulated in first subsection.

Misuse of trust

ARTICLE 155-(1) Any person who illegally holds possession on a property entrusted to him to be used for certain purpose, or converts this property to his own or others’ use beyond the object seeking transfer of possession,  or denies this transfer event, is punished to imprisonment from six months to two years and imposed  fine upon complaint.

(2) In case of commission of offense through embezzlement of property entrusted to a person or being under his control, or responsibility by virtue of his office based on a professional, artisanship, trading or service relation, the person involved in such act is punished with imprisonment from one year to seven years and imposed punitive fine up to three thousand days.

Use of blank bill

ARTICLE 156-(1) Any person who uses blank bill is sentenced to imprisonment from six months to two years and imposed punitive fine upon complaint.

Fraud

ARTICLE 157-(1) Any person who deceives another person through fraud or secures benefit both for himself and others by giving injury to the victim is punished with imprisonment from one year to five years and imposed punitive fine up to five thousand days.

Qualified form of Fraud

ARTICLE 158-(1) In case of commission of offense of fraud;

a) By exploiting religious belief and perception of a person,

b) By taking advantage of his being in a risky or difficult condition,

c) By taking advantage of gradual deterioration of consciousness of a person,

d) By using public institutions and corporations, public professional organizations, political parties, foundations or associations as a tool,

e) By executing acts to the disadvantage of public institutions and corporations,

f) By using data processing systems, banks and financial institutions as an tool,

g) By benefiting from the facilities of press and publication organs,

h) By executing fraudulent acts within the frame of trading activities of the persons being a merchant or executive of a company, or of those acting on behalf of the company,

i) Through breach of trust by the free-lancers,

j) By extending loan which is not allowed by the bank or any other finance institution,

k) With the intention of collecting insurance amount,

the offender is punished with imprisonment from two years to seven years and imposed punitive fine up to five thousand days.

(2) Any person who secures benefit for others through fraud by mentioning that he has good relations with public authorities and also influence upon  them, and deceives a person by promising to perform a certain work, is punished according to the provisions of above subsection.

Conditions subject to less punishment

ARTICLE 159-(1) In case of execution of act of swindling with the intention to collect a debt receivable based on a legal relation, the offender is punished with imprisonment from six months to one year, or imposed punitive fine.

Possession on a lost or inadvertently found property

ARTICLE 160-(1) Any person who holds possession on a lost or inadvertently found property without notifying the concerned authorities or returning the property to the owner, is punished with imprisonment up to one year, or imposed punitive fine upon complaint.

Fraudulent bankrupt

ARTICLE 161-(1) Any person who executes fraudulent act with the intention of minimizing his assets, is punished with imprisonment from three years to eight years provided that bankrupt is adjudicated before or after this fraudulent disposal of assets. In order to consider fraudulent bankrupt, one should have involved in;

a) Fraudulent conveyance or concealed the property extended as guarantee against the claims of the creditor, or caused lessening of value of the property,

b) Concealment of commercial books, records or documents in order to prevent others to notice the fraudulent conveyance of property,

c) Issuance of false documents in such a way to increase the indebtedness as if there has been credit-debt relation between the parties,

d) Declaration of assets less than what it is, by issuing false accounting records and balance sheet far from reflecting the actual figures.

Negligent bankrupt

ARTICLE 162-(1) Any person who goes to bankrupt as a result of his failure to take proper care and precautions as expected from a prudent merchant, is punished with imprisonment from two months to one year.

Benefiting from a service without compensation

ARTICLE 163-(1) Any person who benefits from a service rendered against payment through automatic machines, is sentenced to imprisonment from two months to six months, or imposed punitive fine.

(2) Any person who benefits from telephone lines and frequencies or coded/non-coded decoded electromagnetic waves without the consent of the owner or appropriator, is punished with imprisonment from six months to two years, or imposed punitive fine.

Declaration of incorrect information about the company or cooperatives

ARTICLE 164- (1) In case of furnishing of incorrect information by the founders, partners, directors, managers or representatives or members of Board of Directors, or persons carrying the title of liquidator in the declarations made to public authorities, or in the reports or recommendations submitted to the general assembly in such a way to mislead the concerned parties, those who are responsible from such act are punished with imprisonment from six years to three years, or imposed punitive fine.

Purchase or acceptance of property acquired through committing an offense

ARTICLE 165-(1) Any person who purchases or accepts the property acquired through committing an offense, is punished with imprisonment from six months to three years and punitive fine up to thousand days.

Failure in notification

ARTICLE 166-(1) Any person who fails to notify, as soon as possible, the competent authorities responsible for prosecution of the offense about the property transferred on the basis of a legal relation but known to have been acquired through commission of an offense, is punished with imprisonment up to six months, or imposed punitive fine.

Excusatory causes or personal reasons which seek mitigation of punishment

ARTICLE 167-(1) Excluding plunder and qualified form of plunder, no punishment is imposed on the subject relative in case of commission of offenses listed in this section with the intention of giving injury to;

a) Any one of the spouses not subject to separation under court decree,

b) Any one of antecedents or descendents, or blood relations, or adopter or adoptee,

c) Any one of the brothers/sisters living in the same dwelling.

(2) In case of commission of these offenses with the intention of giving injury to any one of the spouses subject to separation under court decree, or any one of the brothers/sisters not living in the same dwelling, or uncle, aunt, nice or second degree blood relations living together in the same dwelling; the punishment to be imposed upon the subject relative is reduced by one half upon complaint.

Sincere Repentance

ARTICLE 168- (1) In case of compensation of the damages of the aggrieved party or return of the unlawfully acquired property to the owner before commencement of prosecution upon sincere repentance of the offender, accomplice or the person soliciting commission of offense, following the execution of acts of larceny, damage to property, breach of trust, swindling and benefiting from a service without compensation; the punishment to be imposed is reduced from one third up to two thirds. In the offense of plunder, the punishment may be reduced from one sixth up to one third.

(2) The consent of the aggrieved party is sought in order to adopt the provisions relating to sincere repentance in partial return of property or compensation of damages.

Imposition of security precautions on legal entities

ARTICLE 169-(1) Security precautions specific to legal entities are imposed in case of commission of offenses of larceny, breach of trust and swindling by the legal entities to secure unjust benefit.

THIRD CHAPTER

Offenses Against Community

FIRST SECTION

Offenses Causing General Risk

Endangering public safety intentionally

ARTICLE 170-(1) Any person who causes;

a) Fire

b) Collapse of a building, landscape, avalanche, flood or overflow of water,

c) Destruction by using gun or explosives,

in such a way to risk people’s life, health or property,  is sentenced to imprisonment from six months to three years.

(2) Any person who involves risk of fire, collapse of a building, landscape, avalanche, flood or overflow of water, is punished with imprisonment from three months to one year, or imposed punitive fine.

Endangering public safety by negligence

ARTICLE 171-(1) In case a person by negligence causes;

a) Fire,

b) Collapse of a building, landscape, avalanche, flood or overflow of water,

he is punished with imprisonment form three months to one year in case the offense creates risk for other’s life , health or property.

Spread out of radiation

ARTICLE 172-(1) If a person is exposed to radiation by another person with the intention of giving harm to his health, the offender is punished with imprisonment from three years to fifteen years.

(2) In case of commission of the offense mentioned in first subsection against numerous persons, the punishment to be imposed may not be less than five years.

(3) Any person who spreads our radiation or involves in atom smashing process in such a way to result with severe injury of one’s life and health or damage of property, is punished with imprisonment from two years to five years.

(4) Any person who causes spread of radiation or involves in atom smashing process during laboratory tests risking other’s life, health or property as result of his failure in showing  proper care and attention, is punished with imprisonment from six months to three years.

Causing explosion by atomic energy

ARTICLE 173-(1) Any person who risks others’ life, health or property by causing explosion by release of atomic energy, is punished with imprisonment not less than five years.

(2) In case of commission of a/m offense by negligence, the offender is sentenced to imprisonment from two years to five years.

Storage or delivery of hazardous substances without permission

ARTICLE 174- (1) Any person or legal entity who engages in production, export and import of nuclear, radioactive, chemical, biological substances which may have explosive, burning, abrasive, harming, toxic and life-threatening affect without permission of the competent authorities, or transports the same from one place to another within the country, or a person who purchases, stores, sells or processes such substances, is punished with imprisonment from three years to eight years, and is also imposed punitive fine up to five thousand days. The person who exports the material or equipment required in production, processing or use of these substances is also subject to same punishment.

(2) In case of commission of these offenses within the frame of activities of an organized criminal group, the punishment is imposed by half.

(3) Any person who purchases, delivers or stores inconsiderable quantity of explosives of that sort is punished with imprisonment up to one year according purpose of utilization.

Breach of obligation to take care and look after a person suffering mental illness

ARTICLE 175-(1) Any person who neglect his obligation to take care and look after a person suffering mental illness in such a way risking others’ life, health or property, is punished with imprisonment up to six months, or imposed punitive fine.

Disobedience to rules relating to construction or demolishment

ARTICLE 176-(1) Any person who fails to take necessary precautions during the construction or demolishment activities that are required for safeguarding of human life or health, is punished with imprisonment from three months to one year, or imposed punitive fine.

Freeing of animals risking others’ lives

ARTICLE 177-(1) Any person who frees an animal under his custody in such a way to risk others’ life and health, or fails to take the necessary precautions while the animal is under his control, is punished with imprisonment up to six months, or imposed punitive fine.

Omitting to put signs and blocks

ARTICLE 178-(1) Any person who omits to put signs or blocks during performance of certain works in public roads, or to mark the equipment/tools used in such activities, or property, or removes the existing signs or blocks, or changes their places is punished with imprisonment from two months to six months, or imposed punitive fine.

Endangering traffic safety

ARTICLE 179-(1) Any person who changes, destroys, removes all kinds of signs put to ensure flow of land, sea, air and railway traffic in safety, or interferes technical operation system by giving wrong signals or putting different signs or marks on passages, departure, arrival, taking off or landing terminals risking others’ life, health or property, is punishes with imprisonment from one year to six years.

(2) Any person who drives and controls land, sea, air or railway transportation vehicles in such a way to risk others’ life, health or property is punished with imprisonment up to two years.

(3) Any person who drives and controls a vehicle unsafely due to affects of alcoholic drinks or drugs, is punished according to the provisions of above subsection.

Endangering traffic safety by negligence

ARTICLE 180-(1) Any person who risks others’ life, health or property by negligence in sea, air or railway transportation is punished with imprisonment from three months to three years.

SECOND SECTION

Offenses Against Environment

Intentional pollution of environment

ARTICLE 181-(1) Any person who intentionally drains refuses or wastes to the ground, water or air contrary to the technical procedure defined in the relevant laws and in such a way to cause environmental pollution, is punished with imprisonment from six months to two years.

(2) Any person who engages in transfer of refuses or wastes into the country without permission is punished with imprisonment from one year to three years.

(3) The punishment to be imposed according to the above subsections is doubled if the wastes or refuses are observed to have remaining affect in the ground, water or atmosphere.

(5)In case of commission of offenses defined in first and second subsections by processing of refuses or wastes in such a way to result with incurable disease both in human and animals, or deterioration of fertility and change natural characteristics of animals and plants; the offenders are punished with imprisonment not less than five years and also imposed punitive fine up to thousand days.

Pollution of environment by negligence

ARTICLE 182- (1) Any person who drains refuses or wastes to the ground, water or atmosphere by negligence in such a way to cause environmental pollution, is imposed punitive fine. Where the refuses or wastes are observed to have remaining affect in the ground, water or atmosphere, punishment of imprisonment is imposed from two months to one year.

(2) Any person who involves in draining of refuses or wastes to the ground , water or atmosphere by negligence in such a way to cause incurable disease both in human and animals, deterioration of fertility and change of natural characteristics of animals and plants, is punished with imprisonment from one year to five years.

Causing Noise

ARTICLE 183-(1) Any person who causes noise contrary to the obligations set-forth in the relevant laws, in such a way to result with deterioration of one’s health, is sentenced to imprisonment from two months to two years, or imposed punitive fine.

Pollution caused by constructions

ARTICLE 184-(1) Any person who constructs or allows construction of a building without obtaining license or performs construction works contrary to the license, is punished with imprisonment from one year to five years.

(2) Any person who allows expansion of electricity, water or phone lines to the construction site which is built without obtaining license, is imposed punishment according to the provisions of above subsection.

(3) Any person who allows performance of an industrial activity in a building constructed without obtaining settlement license is punished with imprisonment from two years to five years.

(4) Excluding third subsection, the provisions of this article are applied only within the municipal boundaries or the regions subject to special construction regime.

(6) No public action is filed, or the public action already proceeded is extinguished in case a person restores the building constructed without license or contrary to the license in conformity with the construction plan and the license.

THIRD SECTION

Offenses Against Public Health

Mixing toxic substances

ARTICLE 185-(1) Any person who risks the lives or health of others by mixing toxic substances to drinking water or food or causes decaying of any other consumption goods used as beverage and foodstuff, is punished with imprisonment from two years to fifteen years.

(2) In case of commission of offenses mentioned in above subsection by failing to take proper care or precaution, the offender is sentenced to imprisonment from three months to one year.

Trading of decayed or transformed food or drugs

ARTICLE 186-(1) Any person who sells, procures, stores decayed, transformed foodstuff, beverages or drugs causing risk for other’s life and health , is punished with imprisonment from one year to five years , and also imposed punitive fine up to one thousand five hundred days.

(2) The punishment to be imposed is increased by one third in case of commission of this offense within the scope of a proficiency or craftship activity.

Production and selling of drugs in such a way to risk others’ life and health

ARTICLE 187-(1) Any person who produces or sells drugs in such a way to risk others’ life and health is punished with imprisonment from one year to five years.

(2) The punishment to be imposed is increased by one third in case of commission of this offense by a physician or pharmacist or within the scope of a proficiency or craftship activity.

Production and trading of addictive or relieving/exciting drugs

ARTICLE 188-(1) Any person who produces imports or exports addictive or relieving/exciting drugs without license or contrary to the license is punished with imprisonment not less than ten years and also imposes punitive fine up to twenty thousand days.

(2) The executed portion of the punishment imposed at the end of the trial proceeded in a country where the exportation of addictive or relieving drugs is considered as importation of the same in view of other country, is set-off from the punishment to be imposed upon finalization of the trial held in Turkey due to exportation of addictive and relieving drugs.

(3) Any person who sells, supplies, delivers, transports, stores, purchases, accepts or carries addictive or relieving/exciting drugs without license or contrary to the license, is punished with imprisonment from five years to fifteen years and also imposed punitive fine up to twenty days.

(4) In case the offense involves heroin, cocaine, morphine or base-morphine, the punishment to be imposed according to above subsections is increased by one half.

(5) In case of commission of offenses listed in above subsections within the frame of activities of an organized group, the punishment to be imposed according to above subsections is increased by one half.

(6) The provisions of above subsections are applied in every aspect for all kinds of drugs with relieving or exciting affect, of which the production is subject to permission of the competent authorities and the sale is realized under prescription issued by a physician.

(7) Any person who engages in import, sale, purchase, transport, storage or export of any product of which the import and production is subject to permission of the official authorities with the purpose of using this in production of addictive or relieving/exciting drugs is punished with imprisonment not less than four years and also imposed punitive fine up to twenty thousand days.

(8) In case of commission of the offenses mentioned in this article by a physician, dentist, pharmacist, chemist, veterinary, health personnel, laboratory technician, midwife, nurse, dentistry technician, nurse, health personnel or any other person dealing in chemistry or pharmacy; the punishment to be imposed is increased by one half.

Imposition of security precautions on legal entities

ARTICLE 189-(1) Security precautions specific to legal entities are imposed in case of commission of offenses involving production and trading of addictive or relieving/exciting drugs within the frame of activities of a legal entity.

Facilitating use of addictive or relieving/exciting drugs

ARTICLE 190-(1) Any person facilitating use of addictive or relieving/exciting drugs by;

a) Providing special place, equipment or material,

b) Taking precautions to avoid arrest of users,

c) Furnishing information to others about the method of use,

is punished with imprisonment from two years to five years.

(2) In case of commission of the offenses defined in this article by a physician, dentist, pharmacist, chemist, veterinary, health personnel, laboratory technician, midwife, nurse dentistry technician, or any other person rendering health service or dealing in production and trading of chemicals or in pharmacy, the punishment to be imposed is increased by one half.

(3) Those who openly encourage use of addictive or exciting drugs, or makes publication with this purpose, is punished with imprisonment from two years to five years.

Purchasing, accepting or carrying addictive or exciting drugs for use

ARTICLE 191-(1) Any person who purchases, accepts or carries addictive or relieving/ exciting drugs for use is punished with imprisonment from one year to two years. Any person who grows plants with relieving or exciting affect for his own use is punished according to the provisions of this subsection.

(2) Precautions are imposed for those who use addictive or exciting drugs by forcing them to receive treatment in an institution where all his actions are kept under control (controlled liberty).

(3) A person under treatment or control in a defined institution is obliged to comply with the requirements of the precautions imposed in this institution. A specialist is assigned to guide the person under control in an institution. This specialist explains the harmful affects of the addictive and exciting drugs to the subject person during the implementation period of said precautions.

(4) Precaution seeking control of actions of the addict continues another year as of the termination date of the treatment. The court may adjudicate prolongation of control or observation period. However, this period may not be more than three years.

(5) The punishment imposed on the addict due to purchase, acceptance or carrying of addictive or exciting drugs is executed if failed to act in conformity with the requirements of precautions seeking treatment and control of actions of the addict. If the subject person is allowed to benefit from the provisions relating to sincere repentance, the action filed against him is proceeded and punishment is imposed according to the final judgment.

Sincere repentance

ARTICLE 192-(1) If a person commits an offense by involving in production and trading of addictive or relieving/exciting drugs and notifies the official authorities the names of the others who associated in commission of this offense, or the place where the drugs are hidden or produced before they receive such information, then he is no longer punished provided that the information furnished by him enables arrest of the accomplices or seizure of the addictive or exciting drugs.

(2) Furthermore, no punishment is imposed if the person who purchases, accepts or carries addictive or exciting drugs for his own use facilitates arrest of offenders or seizure of addictive or exciting drugs by notifying the official authorities the names of the supplier, date and place of delivery before they receive such information..

(3) The punishment to be imposed on the person who voluntarily serves and helps in discovery of offense and arrest of the offender, or his accomplices, is reduced from one fourth up to one half according to nature of service.

(4) No punishment is imposed if the addict applies to the official authorities with a request to receive treatment before commencement of investigation due to purchase, acceptance or carrying of addictive or exciting drugs.

Production and trading of toxic substances

ARTICLE 193-(1) Any person who produces, stores, sales or transports products containing toxic substances without obtaining permission although such activities are subject to license, is punished with imprisonment from two months to one year.

Supply of harmful substances

ARTICLE 194-(1) Any person who supplies or delivers substances to children, persons suffering from mental illness or others using evaporative substances, or presents such products to consumption risking others’ life, is punished  to imprisonment from six months to one year.

Contrariness to the precautions relating to epidemics

ARTICLE 195-(1) Any person who refuses to comply with the precautions imposed by the authorized bodies at places under quarantine to avoid spread of disease from an ill or death person , is punished with imprisonment from two months to one year.

Improper burring of a death body

ARTICLE 196-(1) Any person who buries or allows others to bury a death body in places other than those specified by authorities, is punished with imprisonment up to six months.

FORTH SECTION

Offenses Against Public Confidence

Counterfeiting money

ARTICLE 197-(1) Any person who counterfeits the currency presently under circulation in the country or abroad, and engages in preservation or use or transfer of the same from abroad into the country is punished with imprisonment from two years to twelve years, and also imposed punitive fine up to ten thousand days.

(2) Any person who accepts counterfeit money knowingly is punished with imprisonment from one year to three years and also imposed punitive fine,

(3) Any person who accepts counterfeit money unknowingly but puts this money in circulation being aware of this fact is punished with imprisonment from three years to one year.

Values equal to money

ARTICLE 198-(1) The debentures issued by the State and registered in the name of the bearer, share certificates, bonds and coupons, bills issued and put in circulation by the authorized institutions, as well as other securities and documents, and gold which is considered within national treasury are regarded as values in the nature of money.

Counterfeiting valuable stamps

ARTICLE 199-(1) Any person who counterfeits valuable stamps and engages in preservation or use or transfer of the same from abroad into the country is punished with imprisonment from one year to five years, and also imposed punitive fine.

(2) Any person who accepts counterfeit valuable stamp knowingly is punished with imprisonment from three months to one year, and also imposed punitive fine.

(3) Any person who accepts counterfeit valuable stamp unknowingly but puts this stamp in circulation being aware of this fact is punished with imprisonment from one month to six months.

(4) Papers containing stamp, revenue and post stamps and others used to certify payment of a certain amount of tax or charge are considered valuable stamps.

Instruments used in production of money and valuable stamps

ARTICLE 200-(1) Any person who produces, imports, sells, transfers, purchases , accepts or stores tools and instruments used in production of money or valuable stamps without permission is punished with imprisonment from one year to four years , and also imposed punitive fine.

Sincere repentance

ARTICLE 201-(1) If a person, who counterfeits money or valuable stamps, or engages in sale, transport,  preservation or transfer of the same from abroad into the country, shows repentance before this money or valuable stamps are put in circulation and prior to the notification of the official authorities by disclosing the names of his accomplices and the place where the counterfeit money or valuable stamps are produced, concealed or stored, then he is no longer punished provided that the information furnished by him enables arrest of the accomplices or seizure of the counterfeit money or valuable stamps.

(2) If a person who manufactures instruments and tools to be used in production of counterfeit money or valuable stamps, or engages in sale, transport, preservation or  transfer of the same from abroad into the country, shows repentance prior to notification of the official authorities by disclosing the names of his accomplices and the place where the instruments and tools are produced or concealed, then he is no longer punished provided that the information furnished by him enables arrest of the accomplices or seizure of the said equipment and material.

Counterfeiting seal

ARTICLE 202-(1) Any person (s) who counterfeits the seal used by the Presidency of T.R., or Presidency of Turkish Grand National Assembly and also by Prime Ministry, is punished with imprisonment fro two years to eight years.

Destruction of seal

ARTICLE 203-(1) Any person who removes or uses the seal contrary to object specified in the Law or disobeys the instructions of the authorized bodies for preservation or maintenance of this seal, is punished with imprisonment from six months to three years.

Counterfeiting official documents

ARTICLE 204-(1) Any person who issues or uses a false document, or changes an original document to deceive others is punished with imprisonment from two years to five years.

(2) If a public officer who is authorized to issue documents counterfeits a document, or changes the original document to deceive others, or prepares false documents or uses false official documents, then he is punished with imprisonment from three years to eight years.

(3) In case of consideration of an official document as valid until it is proved to be false, the punishment to be imposed is increased by one half.

Cancellation, destruction or concealment of an official document

ARTICLE 205-(1) Any person who cancels, destructs or conceals an original official document unlawfully is punished with imprisonment from two years to five years. In case of commission of this offense by a public officer, the punishment to be imposed is increased by one half.

Untrue declaration during issuance of an official document

ARTICLE 206-(1) Any person who conveys untrue declaration to a public officer being authorized to issue official document is punished with imprisonment from three months to two years, or imposed punitive fine.

Counterfeiting personal certificate

ARTICLE 207-(1) Any person who counterfeits a personal certificate or uses or changes the original to deceive others is punished with imprisonment from one year to three years.

(2) Any person who uses a counterfeit personal certificate being aware of this fact, is punished according to the provisions relating to forgery.

Cancellation, destruction or concealment of a personal certificate

ARTICLE 208-(1) Any person who cancels, destroys or conceals an original personal certificate is punished with imprisonment from one year to three years.

Misuse of open signature

ARTICLE 209-(1) Any person who fills in totally or partially blank document delivered to him with open signature different than what is agreed, is punished with imprisonment from three years to one year upon complaint.

(2) Any person who unlawfully acquires a signed and totally or partially blank document, or fills in the same in such a way to create legal consequence, is punished according to the provisions relating to forgery in document.

Certificates in the nature of official document

ARTICLE 210-(1) The provisions relating to forgery in official documents are applied in case the offense committed through counterfeiting document involves bill of exchange registered in the name of the bearer or to the order, or any document representing the goods, share certificate, bond or a written declaration of will.

(2) Any physician, dentist, pharmacist, mid-wife, nurse or other health personnel who issues false document is punished with imprisonment from three months to one year. If the document is issued to secure unjust benefit for the issuer , or the fraudulent act results with injury of law or other persons, the offender is punished according to the provisions relating to forgery in official documents.

Conditions subject to less punishment

ARTICLE 211-(1) In case of commission of offense through counterfeiting a document with the intention of proving a claim resulting from a legal relation or to certify the real situation, the punishment to be imposed is reduced by one half.

Joinder

ARTICLE 212- (1) In case of use of false official or personal document in commission of another offense, the offender is punished separately both from forgery and the subsequent offense.

FIFTH SECTON

Offenses Against Public Peace

Threat with the intention of causing fear and panic among people

ARTICLE 213-(1) Any person who unreasonable causes fear and panic among people by use of threat risking life, health, corporal and sexual immunity or property of people, is punished with imprisonment from two years to four years.

(2) If the offense is committed by use of a weapon, the punishment is increased by one half according to quality of the weapon used.

Provoking commission of offense

ARTICLE 214-(1) Any person who openly provokes commission of an offense is punished with imprisonment from six months to five year.

(2) Any person who arms a group against another group, or provokes to kill a person is punished with imprisonment from fifteen years to twenty-four years.

(3) In case of commission of offenses which involves provocation, the offender is punished from solicitation.

Praising the offense or the offender

ARTICLE 215-(1) Any person who openly praises an offense or the person committing the offenses is punished with imprisonment up to two years.

Provoking people to be rancorous and hostile

ARTICLE 216-(1) Any person who openly provokes a group of people belonging to different social class, religion, race, sect, or coming from another origin, to be rancorous or hostile against another group,  is punished with imprisonment from one year to three years in case of such act causes risk from the aspect of public safety.

(2) Any person who openly humiliates another person just because he belongs to different social class, religion, race, sect, or comes from another origin, is punished with imprisonment from six months to one year.

(3) Any person who openly disrespects the religious belief of group is punished with imprisonment from six months to one year if such act causes potential risk for public peace.

Provoking people not to obey the laws

ARTICLE 217-(1) Any person who openly provokes people not to obey the laws is punished with imprisonment from six months to two years, or imposed punitive fine, if such act causes potential for public peace.

Joint provision

ARTICLE 218-(1) Punishment to be imposed is increased by one half in case of commission of above listed offenses through pres and broadcast.

Misconduct in office through exploitation of religious services

ARTICLE 219-(1) In case the performance of the Government, or State Laws, or services of any one of the public institutions are reproached and disrespected by imam, preacher, priest or a rabbi during execution of a service, this person is punished with imprisonment from one month to one year and also imposed punitive punishment or sentenced to any one of these punishments.

(2) If any one of the persons mentioned in above subsection reproaches and disrespects the conducts of government and the laws, regulations and directives and authorizations conferred upon any one of public institutions, or solicits or provokes people to disobey the directives of the government  or public officers by virtue of office, the offender is punished to imprisonment from three months to two years, and also imposed punitive fine and is permanently or temporarily disqualified from this service and receiving its benefits.

(3) The punishment mentioned in the above subsection is imposed for the religious chiefs and officials who execute transactions or gives promises contrary to the rights acquired by virtue of office according to the law, or forces and convinces others to act in such manner.

(4) If any one of these people commits a crime, by virtue of office, other than the offenses mentioned in first subsection, then he is convicted from this crime by imposing the punishment specified in the law for that crime with an increase by one sixth.

(5) However, it is not required to impose an aggravated punishment if the title/position of the offender is already considered in the law while determining the punishment.

Forming organized groups with the intention of committing crime

ARTICLE 220-(1) Those who form or manage  organized groups to executes acts which are defined as offense by the laws, is punished with imprisonment from two years to six years unless this organized group is observed to be qualified to commit offense in view of its structure, quantity of members, tools and equipment hold for this purpose. However, at least three members are required for existence of an organized group.

(2) Those become a member of an organized group with the intention of committing crime, is punished with imprisonment from one year to three years.

(3) In case the organized criminal group is equipped with arms, the punishment to be imposed according to the above subsections is increased from one fourth to one half.

(4) In case of commission of a crime within the frame of activities of a organized group, the offender is additionally punished for this crime.

(5) The directors of the organized criminal group are additionally punished for all the offenses committed within the frame of activities of the organized group.

(6) Any person who commits an offense on behalf of an organized criminal group without being a member of that group is additionally punished for being a member of the organized group.

(7) Any person who knowingly and willingly helps an organized criminal group although not takes place within the hierarchic structure of the group, is punished as if he is a member of the organized group.

(8) Any person who makes propaganda by praising the organized criminal group and its object is punished with imprisonment from one year to three years.  The punishment to be imposed is increased by one half in case of commission of this offense through press and broadcast organs.

Sincere repentance

ARTICLE 221-(1) No punishment is imposed for the founders or directors who dissolves the organized criminal group, or assists in dissolution of this group by furnishing information before commencement of prosecution against a person who committed offense by forming an organized criminal group, or prior to commission of the said offense.

(2) No punishment is imposed if one of the members notifies the authorities that he voluntarily abandons the organized criminal group without having committed an offense.

(3) No punishment is imposed on the members of the organized criminal group who are arrested before committing any offense within the activities of the group, provided that he serves in dissolution of the group and furnishes information of great importance for arrest of the offenders by showing sincere repentance.

(4) No punishment is imposed on the founder, director or any one of the members who furnish information, after giving up one’s self voluntarily, about the structure of the organized criminal group, and the offenses committed within the activities. In case of delivery of such information after being arrested, the punishment to be imposed for this offense is reduced from one third to three fourths.

(5) The actions of the persons benefiting from the provisions relating to sincere repentance are kept under control for one year as precaution.

Hat and Turkish alphabet

ARTICLE 222-(1) Persons who act contrary to the restrictions and obligations set forth in the Law Nr. 671 and dated 25.11.1925 stipulating Wearing of Hat, and the Law Nr. 1353 dated 1.11.1928 relating to Recognition and Application of Turkish Alphabet, is punished with imprisonment from two months to six months.

SIXTH SECTION

Offenses Against Transportation Vehicles or Stationary Platforms

Stealing and confiscation of transportation vehicles

ARTICLE 223- (1) Any person who illegally prevents movement of a land transportation vehicle by using threat or violence, or stops a vehicle on the way, or takes it from one place to another, is punished with imprisonment from one year to three years.

(2) In case the subject of offense happens to be a sea or railway carrier, the offender is sentenced to imprisonment from two years to five years.

(3) Any person who illegally prevents movement of an air carrier or takes it from one place to another by using threat and force is punished with imprisonment from five years to ten years.

(4) Additional punishment is imposed if the offenses committed result with restriction of other’s freedom.

(5) In case aggravated form of felonious injury is created during commission of these offenses, the offender is additional subject to provisions relating to offense committed through felonious injury.

Occupation of Territorial land or stationary platform in specific industrial zones

ARTICLE 224-(1) Any person who occupies, confiscates or takes under control a territorial land or stationary platforms in industrial zones by using threat or force or any other act contrary to the law, is punished with imprisonment from five years to fifteen years.

(2) Additional punishment is imposed if the offenses committed result with restriction of other’s freedom.

(3) In case aggravated form of felonious injury is created during commission of these offenses, the offender is additionally subject to provisions relating to offense committed through felonious injury.

SEVENTH SECTION

Offenses Against general Ethics

Impudent acts

ARTICLE 225-(1) Any person who openly enters in sexual intercourse or exposes one’s self is punished with imprisonment from six months to one year.

Indecency

ARTICLE 226-(1) Any person who involves in an unlawful act;

a) By allowing a child to watch indecent scene or a product, or to or hear shameful words,

b) By displaying these products at places easy to reach by children, or reading the contents of these products, or  letting other to speak about them,

c) By selling or leasing these product in such a way open for public review,

d) By selling, offering or leasing these products at places other than the markets nominated for sale of these product,

e) By gratuitously supplying or distributing these products along with other goods or services,

f) By making advertisement of these products,

is punished with imprisonment from six months to two years.

(2) The persons who publicize indecent scenes, words or articles through press and broadcast organs or act as intermediary in publication of the same is punished with imprisonment from six months to three years.

(3) Any person who uses children in production of indecent scenes, words or articles is punished with imprisonment from five years to ten years, and also imposed punitive fine up to five thousand days. Any person who engage in import, duplication, transportation, storage , export of these products, or presents the same to other’s use, is punished with imprisonment from two years to five years, and also imposed punitive fine up to five thousand days.

(4) Any person who produces products containing audio-visual or written material demonstrating abnormal sexual intercourse by using sex, or with animals, or body of a death person , and engages in import sale, transportation storage of the same and presents such material to other’s use, is punished with imprisonment from one year to four years.

(5) Any person who publicizes the contents of the products mentioned in third and fourth subsections through press and broadcast organs, or acts as intermediary in publication of the same, or lets children to read, hear or see this material is punished with imprisonment from six months to ten years, and also imposed punitive fine up to five thousand days.

(6) Security precautions specific to legal entities are imposed due to such offenses.

(7) Excluding third subsection, the provisions of this article may not be applicable for the works of art which are produced for scientific, artistic or literary purposes in order to avoid children to reach such material.

Prostitution

ARTICLE 227-(1) Any person who encourages a child to become a prostitute, or facilitates prostitution, or shelters a person for this purpose, or acts as go-between during prostitution of the child, is punished with imprisonment from four years to ten years, and also imposed punitive fine up to ten thousand days.

(2) Any person who encourages another person to become a prostitute, or facilitates prostitution, or acts as go-between or provides place for such purpose is punished with imprisonment from two years up to four years, and also imposed punitive fine up to three thousand days. Any act aimed to benefit from the income of a person engaged in prostitution to earn one’s living, totally or partially, is considered encouragement of prostitution.

(3) Any person who brings people into the country, or sends groups to abroad for prostitution purposes is punished according to the provisions of above subsection.

(4) The punishment to be imposed according to above subsections is doubled in case a person is encouraged to become a prostitute by use of threat or force, or malice, or taking advantage of one’s helplessness.

(5) The punishment to be imposed by one half in case of commission of offenses listed in the above subsections by any one of the spouses, antecedents, descendants, brother/sister, adopter, guardian, trainer, educator, nurse or any other person responsible for protection and control of a person, or by a public officer or employee by due influence.

(6) The punishment to be imposed according to above subsections is increased by one half in case of commission of these offenses within the frame of activities of an organized criminal group.

(7) Security precautions specific to legal entities are imposed in case of commission of these offenses by organizations in the statute of legal entity.

(8) Any person who involves in prostitution is subject to treatment or therapy.

Arranging a place or facility for gambling

ARTICLE 228- (1) Any person who arranges a place or facility for gambling is sentenced to imprisonment up to one year, and also imposed punitive fine.

(2) The punishment to be imposed is increased by one fold in case arrangement of a place or facility for gambling by children.

(3) Security precautions specific to legal entities are imposed in case of commission of these offenses by organizations in the statute of legal entity.

(4) In practice of Criminal Code, gambling is regarded as a play done with the aim of earning money where the profit and loss is a matter of chance.

Beggary

ARTICLE 229-(1) Any person who uses children or persons lack of corporal or spiritual ability in beggary is punished with imprisonment from one year to three years.

(2) The punishment to be imposed is increased by one half, in case of commission of this offense by third degree blood relations, or affinity relatives, or any one of the spouses.

(3) The punishment to be imposed is increased by one fold in case of commission of this offense within the frame of activities of an organized criminal group.

EIGHTH SECTION

Offenses Against Family Order

Multiple or fraudulent marriage, religious marriage ceremony

ARTICLE 230-(1) A person who marries to another person although he/she is legally married at that time is punished with imprisonment from six months to two years.

(2) Any person who officially gets married to a person known as married to another person although he is bachelor, is punished according o the provisions of above subsection.

(3) Any person who attempts to get married by concealing his/her identity is sentenced to imprisonment from three months to one year.

(4) The statute of limitation for the offenses defined in above subsections start to run as of the date of decision stipulating cancellation of marriage.

(5) The couples who marry by arranging religious ceremony without executing official marriage transactions are sentenced to imprisonment from two months to six months. Both the public action and the punishment imposed thereof, is abated with all its consequences when the civil marriage ceremony is accomplished.

(6) Any person who conducts a religious marriage ceremony without seeing the certificate of marriage is punished with imprisonment from two months to six months.

Changing lineage of a child

ARTICLE 231-(1) Any person who changes or conceals the lineage of a child is punished with imprisonment from one year to three years.

(2) Any person who causes exchange of children in a health institution by breaching obligation to take proper care or precautions is sentenced to imprisonment up to one year.

Cruelty

ARTICLE 232-(1) Any person who is cruel to the person sharing the same dwelling, is punished to imprisonment from two months to one year.

(2) Any person who improperly uses disciplinary power against a person whom he is responsible for his growth, education, care protection or training in professional field, is punished with imprisonment up to one year.

Breach of obligations conferred upon by family law

ARTICLE 233-(1) Any person who fails to fulfill the obligations conferred upon by the family law, which stipulate care, education or support of family members, is punished with imprisonment up to one year upon compliant.

(2) Any person who abandons his pregnant wife, or another woman whom he knows that she is waiting child from him, is sentenced to imprisonment from three months to one year.

(3) Mother of father who is determined to be risking the health, good morals and safety of their children due to addiction to alcohol or drugs, or by bringing dishonor on their children, is sentenced with imprisonment from three years up to one year.

Kidnapping and retention of a child

ARTICLE 234- (1) In case a child under the age of sixteen is kidnapped without using force or threat by mother or father who lost his/her parental rights, or by third degree blood relations while he/she is legally under the care or custody of a natural parent or guardian, the offender is punished with imprisonment from three months up to one year.

(2) Punishment to be imposed is increased by one fold if this offense is committed without using force or threat or involves a child not yet attained the age of twelve.

NINTH SECTION

Offenses In The Fields of Economy, Industry and Trading

Corruption in tenders

ARTICLE 235-(1) Any person who involves in mischief during the tenders relating to purchase or sale of goods and services on behalf of public institutions or corporations, is punished with imprisonment from five years to twelve years.

(2) Following acts are regarded as involvement in mischief during a tender;

a) By executing fraudulent acts;

1. Prevention of persons possessing the required qualifications and credentials from participating in the tender,

2. Facilitating participation of the persons lacking required qualifications and conditions in the tender,

3. Arranging disqualification of the offered goods from the evaluation although they are in conformity with the bid specifications,

4. Arranging consideration of the goods which do not comply with the bid specifications in the evaluations,

b) Facilitating access of third parties to the information which is to be kept confidential according to tender law or bid specifications during submission of bids.

c) Prevention of persons possessing required qualifications and credentials from participating in the tender by using force or threat, or acts contrary to the law.

d) Conclusion of open or secret agreements among the bidders or those willing to participate in the tender with the intention of affecting the bid contract conditions and especially the contract price.

(3) In case a damage or loss is suffered by a public institution or corporation due to involvement in mischief during a tender, the punishment to be imposed is increased by one half. Non-quantification of the accrued loss may not suppress application of the provisions of this subsection.

(4) Any authorized person who gains unjust benefit by involving in mischief during a tender is additionally convicted from this offense.

(5) The provisions of the above subsections are applied also for the auctions or bids realized through the intermediary of public institutions or corporations, and purchase/sale of goods or services performed on behalf of professional organizations in the statute of public institution, companies incorporated with the participation of public institutions or corporations, or professional organizations in the statute of public institution, or foundations operating within this frame, associations or cooperatives serving for public interest.

Involvement in fraudulent act during fulfillment of obligations

ARTICLE 236-(1) Any person who involves in fraudulent act during fulfillment of obligations undertaken against a public institution or corporation, or professional organization in the statute of public institution, companies incorporated with the participation of public institutions or corporations, or foundation operating within this frame, associations or cooperatives serving for public interest, is sentenced with imprisonment from three years to seven years.

(2) Following performances are regarded as involvement in fraudulent act during fulfillment of obligations;

a) Delivery or acceptance of goods different than those of which the description is given in the tender decision and contract,

b) Delivery or acceptance of goods at a quantity less than that of  defined in the tender decision or contract,

c) Consideration of fulfillment of obligations within the period specified in the tender decision or contract, although it is not.

d) In construction tenders, acceptance of works or material which do not comply with the conditions, quantity or quality set-forth in the specifications or contract,

e) Consideration of an obligation in the nature of a service as to have been completely fulfilled although it is not fully rendered or supplied partially according to the tender decision or contract.

(3) Any authorized person who gains unjust benefit by involving in fraudulent act during fulfillment of obligations is additionally convicted from this offense.

Affecting prices

ARTICLE 237-(1) Any person who spreads deceitful information or news or involves in fraudulent acts in such a way to cause decrease or increase of wages or prices of foodstuff or goods, is punished with imprisonment from three months to two years and also imposed punitive fine.

(2) Punishment to be imposed is increased by one third if the prices of foodstuff or goods, or wages are decreased or increased as a consequence of this act.

(3) Punishment is additionally increased by one eighth if the offender happens to be a licensed agent or stock exchange broker.

Causing shortage of things needed by public

ARTICLE 238-(1) Any person who causes shortage of food or goods, or decrease of the same in considerable quantities although they are needed for public institutions or corporations, or used in public services in general relief activities upon a disaster by failing in performance of a work under his responsibility, is sentenced to imprisonment from one year to three years, and also imposed punitive fine up to one thousand days.

Disclosure of business secrets, banking secrets or information relating to customers

ARTICLE 239-(1) Any person who delivers information or documents which he holds by virtue of office about the customers, or discloses business secrets, banking secrets loc is sentenced to imprisonment from one year to three years, and also imposed punitive fine up to five thousand days upon complaint. In case of delivery or disclosure of this information or documents to unauthorized individuals by the persons who unlawfully acquired such information/documents, the offender is punished according to the provision of this subsection.

(2) Provisions of first subsection are applicable also for the information relating to scientific researches or discoveries or industrial practices.

(3) Punishment to be imposed is increased by one third in case of disclosure of these secrets to the foreigners or their personnel domiciled outside of Turkey. In that case, no complaint is sought.

(4) Any person who leads another person to disclose the information or documents within the scope of this article by using force or threat is punished with imprisonment from three years to seven years.

Abstention from sale of goods and services

ARTICLE 240-(1) Any person who causes rise of urgent need for a thing supplied fro public use by abstaining from sale of certain goods or service, is punished with imprisonment from six months to two years.

Usury

ARTICLE 241-(1) Any person who lends money to another person with the intension of earning money is sentenced to imprisonment from two years to five years, and also imposed punitive fine from six months to two years.

Imposition of Security Precautions on legal Entities

ARTICLE 242-(1) Security precautions specific to legal entities are imposed in case of commission of the offenses defined in this section by the same with the intention of securing unjust benefit.

TENTH SECTION

Offenses in the field of Data Processing Systems

Access to data processing system

ARTICLE 243-(1) Any person who unlawfully enters a part or whole of data processing system or remains there is punished with imprisonment up to one year, or imposed punitive fine.

(2) In case the offenses defined in above subsection involve systems which are benefited against charge, the punishment to be imposed is increased up to one half.

(3) If such act results with deletion or alteration of data within the content of the system, the person responsible from such failure is sentenced to imprisonment from six months up to two years.

Hindrance or destruction of the system, deletion or alteration of data

ARTICLE 244-(1) Any person who hinders or destroys operation of a data processing system is punished with imprisonment from one year to five years.

(2) Any person who garbles, deletes, changes or prevents access to data, or installs data in the system or sends the available data to other places is punished with imprisonment from six months to three years.

(3) The punishment to be imposed is increased by one half in case of commission of these offenses on the data processing systems belonging to a bank or credit institution, or public institutions or corporations.

(4) Where the execution of above mentioned acts does not constitute any other offense apart from unjust benefit secured by a person for himself or in favor of third parties, the offender is sentenced to imprisonment from two years to six years, and also imposed punitive fine up to five thousand days.

Improper use of bank or credit cards

ARTICLE 245-(1) Any person who acquires or holds bank or credit cards of another person(s) whatever the reason is, or uses these cards without consent of the card holder or the receiver of the card, or secures benefit for himself or third parties by allowing use of the same by others, is punished with imprisonment from three years to six years, and also imposed punitive fine.

(2) Any person who secures benefit for himself or third parties by using a counterfeit bank or credit card is punished with imprisonment from four years to seven years if the act executed does not constitute any offense other than forgery.

Imposition of Security Precautions on Legal Entities

ARTICLE 246-(1) Security precautions specific to legal entities are imposed in case of commission of the offenses listed in this section within the frame of activities of legal entities.

ELEVENTH SECTION

Offenses Against Nation and State and Final Provisions

Embezzlement

ARTICLE 247-(1) Any public officer who embezzles or converts property entrusted to him, or under his custody or control to his own or other’s use by virtue of his office is punished with imprisonment from five years to twelve years.

(2) In case of involvement in fraudulent acts with the intention of concealing the offense of embezzlement, the punishment to be imposed is increased by one half.

(3) In case of commission of offense of embezzlement with the intention to return the property after being used, the punishment to be imposed may be reduced up to one half of the principal punishment.

Sincere repentance

ARTICLE 248-(1) Two thirds of the punishment to be imposed for this offense is reduced if the embezzled property is returned exactly as it is, or the damage is fully compensated before commencement of investigation.

(2) The punishment to be imposed for this offense is reduced by one third if the embezzled property is returned exactly as it is, or the damage is fully compensated before commencement of prosecution. Also, one third of the punishment is cancelled if the offender shows sincere repentance before the declaration of final judgment.

Matters of Mitigation

ARTICLE 249-(1) The punishment to be imposed may be reduced from one third up to one half due to worthlessness of the property subject to embezzlement.

Malversation

ARTICLE 250-(1) Any public officer who secures benefit for himself or others by exercising undue influence, or convinces a person to make promise in this manner by virtue of office is punished with imprisonment from five years to ten years.

(2) Any public officer who secures benefit for himself or others by exercising undue influence , or convinces a person to make a promise by virtue of office is considered as breach of trust and offender is punished with imprisonment from three years to five years.

(3) In case of commission of the offense defined in second subsection by taking advantage of a person’s negligence, the person involved in such act is punished with imprisonment from one year to three years.

Failure to perform control duty

ARTICLE 251-(1) In case public officer who is responsible from control of performance intentionally ignores the commission of offense involving embezzlement and malversation, he is punished as the joint offender.

(2) Any public officer who facilitates commission of offenses of embezzlement and malversation by failing to perform control duty, is punished with imprisonment from three months to three years.

Bribery

ARTICLE 252- (1) Any public officers who take bribe is punished with imprisonment from four years to twelve years. The person offering bribe is punished likewise the public officer. In case the parties negotiate on a bribe, they are punished as if the offense is completed.

(2) In case the person who takes bribe or negotiates on a bribe happens to be judge, arbitrator, expert, notary public or sworn financial adviser, the punishment to be imposed according to first subsection is increased up to one third.

(3) Bribe is defined as a benefit illegally secured by a public officer in negotiation with a person to perform or not to perform a task beyond his responsibility.

(4) The provisions of first subsection are applicable also for the person  who involve in bribery while establishing legal relation, or progressing the existing legal relation with the professional organizations in the statute of public institution, public institutions and corporations, or companies incorporated with the participation of professional organizations in the statute of public institution, foundations operating within their body, or associations and cooperatives serving for public interest, or joint stock companies open to public.

(5) Directly or indirectly offering of benefits or giving promise to the officers or personnel of the public institutions or corporations appointed in a foreign company to perform a legislative or administrative duty, or to those engaged in international duties in the same country, in order to enable execution of an international trading transaction, or to perform or not to perform a task, or to secure and to retain unjust benefit, is considered bribery.

Imposition of Security Precautions on Legal Entities

ARTICLE 253-(1) Security precautions specific to legal entities are applicable for those who secure unjust benefit by committing offense of bribery.

Sincere repentance

ARTICLE 254- (1) No punishment is imposed in case the person taking bribe delivers the thing subject to bribery to the authorized bodies before the commencement of investigation exactly as it is. Again, no punishment is imposed if the public officer who agrees to take bribe upon negotiating with a person notifies the authorized bodies about this fact before the commencement of investigation.

(2) No punishment is imposed due to offense of bribery if the person offering and giving bribe to the public officer upon negotiation notifies the authorities responsible from investigation about this fact before commencement of investigation; also the bribe is taken from the public officer and returned to the deliverer.

(3) No punishment is imposed due to this offense if the other persons involving in bribery notify the authorized bodies by showing sincere repentance about this fact before commencement of investigation.

Securing benefit in a work of which the performance is beyond authorization

ARTICLE 255-(1) Any public officer who gives the impression that he is capable to perform a work which is beyond the scope of his duty, or has the power to convince others to perform the same although they are not entitled to do so, is punished with imprisonment from one year to five years.

Exceeding the limits of authorization for use of force

Article 256-(1)The provision relating to felonious injury are applied in case of use of force or power by a public officer against a person(s), exceeding the limits of authority.

Misconduct in office

ARTICLE 257-(1) Excluding the acts defined as offense in the law, any public officer who causes suffering of people or injury by acting contrary to the requirements of his office, or secures unjust benefit to third parties, is punished with imprisonment from one year to three years.

(2) Excluding the acts defined as offense in the law, any public officer who causes suffering of people or public injury, or secures unjust benefit for others by showing negligence or delay in performance of his duties, is punished with imprisonment from six months to two years.

(3) Any public officer who secures benefit for himself or others in order to fulfill his obligations or for similar other reason, is punished with imprisonment according to provisions of the first subsection if such act does not constitute the offense of malversation.

Disclosure of office secrets

ARTICLE 258-(1) Any public officer who discloses or publicize the confidential documents, decisions and orders and other notifications delivered to him by virtue of office , or facilitates access to such information and documents by third parties, is punished with imprisonment from one year to four years.

(2) The same punishment is applicable also for the person who performs the acts mentioned in first subsection upon expiry of office period.

Trading during public service

ARTICLE 259-(1) Any person who tries to sell goods or service to another person by using power due to service in a public office, is punished with imprisonment up to six months, or imposed punitive fine.

Abandonment or non-performance of public office

ARTICLE 260-(1) Public officers who abandon work, or do not come to office, or suspend their activities temporarily or permanently or slow-down work contrary to the law by forming masses, is punished with imprisonment from three years to one year. No punishment is imposed unless the number of public officers is more than three.

(2) In case of suspension or slow down of works temporarily or for a short period by public officers in such a way not to disrupt the service due to acquired professional and social rights, the punishment to be imposed may be reduced or totally vacated.

Improper disposition on other’s property

ARTICLE 261-(1) Unless the exercised act does not require heavier punishment, public officer who voluntary involves in illegal dispositive transaction with regard to other’s immovable or movable property by using power is punished with imprisonment from six months to two years even if this disposition is based on a transaction realized against payment of price.

Improperly undertaken public service

ARTICLE 262- (1) Those who open or operate education institutions contrary to the laws, or voluntarily undertake teaching duty in such institution is punished with imprisonment from six months to three years.

(2) Also, decision may be given for closing of the above-mentioned institutions.

Improper use of special signs and uniforms

ARTICLE 263-(1) Any person who uses the rank or wears the uniform of a public officer, or carries his signs or medals although he is not entitled to do so, with the purpose of deceiving others, is punished with imprisonment from three months to one year.

(2) In case of commission of an offense taking advantage of the facilities provided by use of uniform, the punishment to be imposed according to above subsection only for this offense, is increased by one third.

Prevention of performance

ARTICLE 264-(1) Any person who uses force or threat against a public officer to prevent him from performing a duty is punished with imprisonment from six months to three years.

(2) In case of commission of this offense against judicial authorities, the offender is punished with imprisonment from two years to four years.

(3) In case of commission of this offense by concealing one’s identity, or jointly by more than one person, the punishment to be imposed is increased by one third.

(4) In case of commission of offense by use of a weapon or taking advantage of a terror activities of organized criminal groups, the punishment to be imposed according to the above subsections is increased by one half.

(5) In case aggravated form of felonious injury is created during performance of the acts defined herein above, offender is additionally subject to provisions relating to offense committed through felonious injury.

Use of vehicles in public service during commission of offense

ARTICLE 265-(1) Where the term “public officer” is not considered in the definition of offense, the punishment to be imposed is increased by one third in case a public officer uses the vehicles or equipment entrusted to him by virtue of office during commission of an offense.

TWELFTH SECTION

Offenses Against The Judicial Bodies or Court

Aspersion

ARTICLE 266-(1) Any person who cast aspersions on another person by raising complaint or notifying authorized bodies, or by using media in order to enable commencement of investigation and prosecution against this person, or imposition of administrative sanctions despite of his innocence, is punished with imprisonment from one year to four years.

(2) The punishment is increased by one half in case of commission of this offense by slander based on produced evidences.

(3) If an acquittal is declared by the court or decision is taken by stating that there is no need to start investigation for the person subject to aspersion due to his innocence, the punishment to be imposed is increased according to above subsections unless a precautionary judgment other than custody or arrest is imposed against the aggrieved party.

(4) In case of custody or arrest of the aggrieved party who received acquittal or decision declaring his innocence and uselessness of an investigation; the person casting aspersion is indirectly kept liable due to this offense restricting one’s liberty.

(5) In case the aggrieved party is sentenced to heavy life imprisonment or life imprisonment, he is punished with imprisonment from twenty years to thirty years; if sentenced to imprisonment for a definite period, then he is imposed a punishment as much as two thirds of the principal punishment.

(6) Where start is given to execution of punishment seeking imprisonment of the aggrieved party, the punishment to be imposed according to fifth subsection is increased by one half.

(7) In case of imposition of punitive or administrative sanctions on the aggrieved party other than punishment of imprisonment due to offense of aspersion; the person casting aspersion is punished with imprisonment from three years to seven years.

(8) The statute of limitation in offense of aspersion stats to run as of the date on which the aggrieved party is declared innocent.

(9) The decision of conviction due to offense of aspersion committed through press and publication ( or broadcast) organs, is announced through the same or equal press and publication organs. The cost of announcement is charged to the convict.

Using other’s identity card or ID information

ARTICLE 267-(1) Any person who uses other’s identity card or ID information of another person to avoid commencement of investigation or prosecution against him due to commission of an offense, is punished according to the provisions relating to offense of aspersion.

Sincere repentance

ARTICLE 268-(1) In case the person casting aspersion withdraws from such slander before commencement of investigation and prosecution against the aggrieved party, four fifths of the punishment  to be imposed for this offense is abated..

(2) In case of withdrawal from aspiration before commencement of investigation against the aggrieved party, three fourth of the punishment to be imposed for this offense is abated.

(3) If the offender shows sincere repentance;

a) Before final judgment is declared about the aggrieved party, two thirds of the punishment,

b) After conviction of the aggrieved party, one half of the punishment,

c) After execution of the punishment imposed on the convict, one third of the punishment,

May be abated.

(5) The provisions of this article may not be applicable in case the offense of aspersion is committed through press and publication (or broadcast) organs.

Undertaking an offense

ARTICLE 269-(1) Any person who deceives authorized bodies by stating that he is the one who committed the offense, or one of the accomplices, which is actually is not the truth, is punished with imprisonment up to two years. In case of commission of this offense with the intention to avoid conviction of one of the antecedents, descendents, spouse or brother/sister, reduction of the punishment by three fourths may be considered, or the punishment is fully abated.

Producing an offense

ARTICLE 270-(1) Any person who notifies an uncommitted offense to the authorized bodies as if it is being committed, or produces evidences or signs of an uncommitted offense just to provide commencement of investigation, is punished with imprisonment up to three years.

Perjury

ARTICLE 271-(1) Any person who willfully makes a false statement before a person or a committee authorized to hear witness during an investigation started to determine an unlawful act, is punished with imprisonment from four months to one year.

(2)Any person who willfully makes a false statement before the court, or a person, or a committee authorized to hear witness by administering oath, is punished with imprisonment from one year to three years.

(3) Any person who willingly makes false statement during investigation or prosecution carried out for an offense which requires punishment with imprisonment more than three years, is sentenced to imprisonment from two years to four years.

(4) If the person subject to testimony of a witness against him is imposed protective measures other than custody and arrest, the punishment to be imposed according to above subsections is increased by one half provided that a decision declaring his acquittal or unworthiness of an investigation due to absence of guilt, is received.

(5) In case the person subject to testimony of a witness against him is taken under observation or arrested by the security units, the person who makes false statement is kept responsible as indirect offender according to the provisions relating to the offense caused through restriction of one’s liberty, provided that a decision declaring his acquittal or unworthiness of an investigation due to absence of guilt, is received.

(6) If the person subject to testimony of a witness against him is sentenced to heavy life imprisonment or life imprisonment, then he is punished with imprisonment from twenty years to thirty years; in case he is sentenced to imprisonment for a definite time, he is punished with imprisonment as much as two thirds of the principal punishment.

(7) If it is started to execute the punishment imposed on a person subject to testimony of witness against him, the punishment to be given according to sixth subsection is increased by one half.

(8) If the person subject to testimony of a witness against him is imposed punitive or administrative sanctions other than imprisonment, then the person making false statement is punished with imprisonment from three years to seven years.

Excusatory causes or matters of mitigation

ARTICLE 272-(1) If a person;

a) makes false statement that may cause commencement of investigation or prosecution against himself, any one of antecedents, descendents, spouse or brother/sister, or

b) testifies contrary to the truth although he has the right to abstain from testifying as witness, before he is being acknowledged about this right,

Either reduction is considered in the punishment, or the punishment is fully abated.

(2) Provisions of first subsection may not be applicable for false statements made within the scope of disputes subject to special law.

Sincere repentance

ARTICLE 273-(1) No punishment is imposed in case of declaration of truth before conviction of the person subject to testimony of a witness against him, or the decision limiting or restricting any personal right.

(2) In case of disclosure of truth after declaration of a decision limiting or restricting a personal right, but prior to conviction of the person subject to testimony of a witness against him, the punishment to be imposed for this offense may be reduced from two thirds up to one half.

(3) In case of disclosure of truth before the decision stipulation conviction of the person subject to testimony of the witness against him, the punishment to be imposed for this offense may be reduced from one half to one thirds.

False swearing

ARTICLE 274-(1) Plaintiff or defendant who swears falsely during the course of a legal action is punished with imprisonment from one year to five years.

(2) No punishment is imposed inn case the truth is told before the court declares its decision on the case.

(3) Half of the punishment is abated in case the truth is told before finalization or execution of the conviction.

Expertise or interpretation contrary to truth

ARTICLE 275-(1) In case of declaration of opinion contrary to the truth by the expert(s) who is appointed by the judicial bodies or person (s) or a committee authorized to carry out legal investigation or hear witnesses under oath, the offender is punished with imprisonment from one year to three years.

(2) The provisions of first subsection are applied in case of false interpretation of statements or documents by a interpreter who is appointed by the person (s) or committee mentioned in the first subsection,

Influencing judicial bodies

ARTICLE 276-(1) Any person who unlawfully attempts to influence judicial bodies, or forces them to give instructions in favor or against any one of or all the parties present in the trial before the court, or the offenders, or those participating in the action, or the victim, is punished with imprisonment from two years to four years. The punishment to be imposed shall be from six months to two years if the attempt is no more than favoritism.

Failure in notification of an offense

ARTICLE 277-(1) Any person who fails to notify the authorized bodies about an offense at the very instant is punished with imprisonment up to one year.

(2) Any person who fails to notify the authorized bodies about commission of an offense where it is still possible to limit its consequences, is punished with imprisonment according to the provisions of above subsection.

(3) In case the victim happens to be a child not yet attained the age of fifteen, or a person lack of capacity to protect himself/herself due to corporal or spiritual disability or pregnancy, the punishment to be imposed according to above subsections are increased by one half.

Failure of public officer in notification of an offense

ARTICLE 278-(1) Any public officer who neglects or delays in notification of an offense to the authorized bodies being aware of commission of an offense which requires investigation or prosecution, is punished with imprisonment from six months to two years.

(2) In case of commission of this offense by an officer undertaking duty in judicial department, the punishment to be imposed according to above subsection is increases by one half.

Failure of the health personnel in notification of an offense

ARTICLE 279-(1) Any health personnel who notices commission of an offense while performing his/her duty, but neglects to notify this to the authorized bodies, is punished with imprisonment up to one year.

(2) The term “health personnel” covers the medical doctors, pharmacists, midwifes, nurses and other persons rendering health services.

Destruction, concealing or changing of evidences

ARTICLE 280-(1) Any person who destroys, deletes, conceals, changes or corrupts the evidences produced to prove commission of offense in order to hide the truth is punished with imprisonment from six months to five years. A person may not be punished according to the provisions of this article due to an offense personally committed or involved in its commission.

(2) In case of commission of this offense by a public officer in connection with his duty, the punishment to be imposed is increased by one half.

(3) Four fifth of the punishments to be imposed for the offenses defined in this section is abated if the person involved in the offense delivers the concealed evidences to the court before declaration of conviction decision.

Laundering of assets acquired as a result of offense

ARTICLE 281-(1) Any person who takes away the assets acquired as a result of an offense which requires minimum one year or more punishment of imprisonment, or carries the same to a foreign country to be subject to various transactions in order to hide illegal source of these assets and to give the impression that they are acquired in the lawful manner, is punished with imprisonment from two years to five years, and also imposed punitive fine up to twenty thousand days.

(2) In case of commission of this offense by a public officer while performing his duty or a person with profession, the punishment to be imposed is increased by one half.

(3) In case of commission of this offense within the frame of activities of an organized criminal group, the punishment to be imposed is increased by one fold.

(4) Legal entities involving in commission of this offense are subject to special security precautions.

(5) No punishment is imposed for the offense defined in this section on a person who renders assistance or facilitates finding of assets acquired illegally as a result of offense by notifying the authorized bodies.

Supporting offender

ARTICLE 282- (1) Any person who provides facility for an offender in order to avoid his search, arrest or conviction is punished with imprisonment from six years to five years.

(2) The punishment to be imposed is increased by one half in case of commission of this offense by a public officer while performing duty.

(3) No punishment if imposed in case of commission of this offense by any one of the antecedents, descendents, spouse or other accomplices.

Failure to notify the accused, arrested or convicted person or the evidences of offense

ARTICLE 283-(1) Any person who fails to notify the authorized bodies about the known place of a person, against whom decision is obtained for his arrest or conviction, is sentenced to imprisonment up to one year.

(2) Any person who knowingly fails to notify the place where all the evidences or indications of offense are concealed by others is punished according to the provisions of above subsection.

(3) The punishment to be imposed is increased by one half in case of commission of this offense by a public officer while performing duty.

(4) If the accused are publicized during the investigation or prosecution stages in order to give the impression that he is the offender prior to the judgment, the persons who involve in such act is punished with imprisonment from six months to two years.

Recording of sound or vision

ARTICLE 284-(1) Any person who records or transfers sound or vision during the investigation or prosecution without obtaining permission is sentenced to imprisonment up to six months.

Genital controls

ARTICLE 285-(1) The offender who sends a person to a genital control or personally undertakes such control without obtaining the decision of the judge and prosecutor, is punished with imprisonment from three months to one years.

(2) The provisions of above subsection may not be applicable with regard to controls to be accomplished pursuant to the laws and by-laws for protection of public health against infectious disease.

Attempt to influence a just trial

ARTICLE 286-(1) Any person who makes oral or written declaration until finalization of the investigation or prosecution proceeded on an event in order to influence the prosecutor, judge, court, experts and witnesses, is punished with imprisonment from six months to three years.

(2) In case of commission of this offense through press and publication organs, the punishment to be imposed is increased by one half.

Misconduct in custody of a property

ARTICLE 287-(1) Any person who exercises power on an attached or mortgaged or seized property entrusted to him for custody other than the prescribed purpose, is sentenced to imprisonment from three months to two years, and also, imposed punitive fine up to three thousand days. The punishment to be imposed is reduced by one half in case the person happens to be the owner of the property.

(2) Four fifth of the punishment is abated in case the offender returns the property subject to offense defined in the first subsection before commencement of prosecution, or pays its value, if otherwise is not possible.

(3) Any person who cause loss or destruction of an attached or mortgaged or seized property officially entrusted to him for custody due to failure to take proper care and precautions is imposed punitive fine.

(4) Any person who uses the property confiscated during the investigation and prosecution proceeded relating to an offense beyond its purpose, is punished with imprisonment up to one year.

Confiscation and destruction of an officially delivered property

ARTICLE 288- (1) Any person who re-confiscates an immovable property which is already delivered to the owner under court’s decision, is punished with imprisonment from three months to one year.

(2) The provisions relating to offense of larceny in case of retention of an attached, or pledged, or seized movable property officially entrusted to a person for custody without obtaining the consent of that person; the provisions relating to offense of plunder is applied in case the immovable property is acquired by using force; where there is fraud during execution of such act, the offense is considered as swindling; in case of destruction of property, the provisions relating to damage of property are applied.

The punishment to be imposed is reduced from one half to three fourths in case the person happens to be the owner of the said property.

Entry into a prison or penitentiary in place of another person

ARTICLE 289-(1) Any person who enters a criminal execution institution or a prison putting himself in place of convict is sentenced with imprisonment from six months to one year.

Breach of prison

ARTICLE 290-(1) The detainee or convict who escapes from the criminal execution institution, or prison or the place where he is kept under observation is punished with imprisonment from six months to one year.

(2) In case of commission of this offense by using force or threat, the offender is subject to imprisonment from one year to three years.

(3) In case of commission of this offense jointly by an armed group formed by detainees or convicts, the punishment to be imposed according to above subsection is increased by one fold.

(4) Where the consequences of aggravated from of offense of felonious injury or felonious homicide are created during commission of this offense, or damage is given to the property, the offender is additionally punished according to the provisions relating to the said offenses.

(5) The provisions prescribed in this article are applied also for the convicts working outside the criminal execution institution and those whose punishment of imprisonment is commuted to punitive fine.

(6) The convict who does not comply with special execution requirements of short-term imprisonment is punished with imprisonment from one month to two months; the remaining portion of the punishment is additionally executed.

Sincere repentance

ARTICLE 291-(1) In case the detainee or convict gives himself up after escaping from the prison by showing sincere repentance, the punishment to be imposed is reduced from five sixth to one sixth imposed in consideration of the time lapsed between the date of escape and re-admittance to the institution. However, no reduction is made in the punishment if the escape period exceeds six months.

Facilitating escape

ARTCLE 292-(1) Any person who facilitates escape of a person under observation or arrest is punished with imprisonment from one year to three years.

(2) Any person who helps a convict to escape from prison is sentenced to imprisonment from two years up to five years according to period of imprisonment which is executed. However, if the convict is sentenced to:

a) Life imprisonment, he is punished with imprisonment from five years to eight years,

b) Heavy life imprisonment, he is punished with imprisonment from eight years to twelve years.

(3) In case of commission of these offenses by using force or threat, the punishment to be imposed is increased by one third.

(4) In case a person(s) helps escape of more than one person, the punishment to be imposed is increased from one third up to one fold in consideration of the number of fugitives.

(5) In case of commission of these offenses by the persons assigned to guard or transport of the detainees or convict under arrest or observation, the punishment to be imposed is increased by one third.

(6) In case of commission of these offenses by any one of the antecedents, descendents, spouses and brother/sister, one third of the punishment to be imposed is abated.

(7) Where the consequences of aggravated from of offense of felonious injury or felonious homicide are created during commission of these offenses, or damage is given to the property, the offender is additionally punished according to the provisions relating to the said offenses.

(8) In case the detainee or convict under arrest or observation escapes due to failure of the person assigned to guard or transport prisoners to take proper care and precautions, the person responsible is punished with imprisonment from six months to three years.

Misconduct in office by the Guardian

ARTICLE 293-(1) The provisions relating to misconduct in office are applied in case the persons assigned to guard or transport detainees or convicts under arrest or observation act contrary to the requirements of their duties.

(2) If the person undertaking the duty of guardian or assigned to transport detainees or convicts under arrest or observation allows them to leave the place where they are kept for a temporary period, then he is punished with imprisonment from six months to two years.

(3) The provisions relating to voluntary occasioning of escape are applied in case the detainees or convict under arrest or observation escapes on this occasion.

Revolt of Offenders or Convicts

ARTICLE 294-(1) In case the detainees or convicts rise in rebellion, each one is punished with imprisonment from six months to three years. No punishment is imposed unless the number of revolting detainees or convicts is more than three.

(2) In case of commission of other offenses during revolt, the offenders are additionally punished according to the provisions relating to these offenses.

Illegal transfer of property to the Execution Institution or Detention House

Article 295-(1) Any person who illegally transfers arms, drugs or exciting substances or electronic communication devices to the execution institution or detention house, or carries such material with him, is punished with imprisonment from two years to five years. In case the supply or preservation of such property constitutes another offense, the punishment to be determined according to provisions relating to joinder of ideas is increased by one half.

(2) Any person who transfers a property to the execution institution or detention house, other than those listed in the first subsection, being fully aware of restrictions, or keeps or uses such property, is punished with imprisonment from six months to two years.

(3) In case of commission of the offenses mentioned in fist and second subsections by the persons assigned to guard and transport the detainees or convicts, the punishment to be imposed is increased by one fold.

(4) If detainee or convict who carries or uses the property subject to offenses defined in the first and second subsections furnishes information about its supplier or the means of delivery, one half of the punishment to be imposed is abated.

Restricting use of rights and supply of food

ARTICLE 296-(1) Those who restrict communication of the detainees and convicts in the execution institutions or detention houses, or their meetings with the visitors, participation in education, sporting, professional, social or cultural activities within the frame of rehabilitation or education programs, or avoids their control or treatment by the physician of the institution, or appointment of a defender or attorney, or restrict their contact with these persons or the officers of the institution, or transport to the courts or Public Prosecution Offices, or prevent release of the persons who are set free from confinement, and the persons who encourage execution of such acts by the detainees or convicts by giving instructions, and finally, who  restrict the rights conferred upon the  e detainees or convicts by the laws, are punished with imprisonment from lone year to three years.

(2) Restriction of supply of food to the detainees or convicts is subject to punishment of imprisonment from two years to four years. Encouragement or convincement of the detainees or convicts to hunger strike or fasting to death by giving instructions is considered as restriction of supply of food.

(3) Where the consequences of aggravated from of offense of felonious injury or felonious homicide are created by restricting supply of food, the offender is additionally punished according to the provisions relating to the said offenses.

THIRTEENTH SECTION

Offenses against Signs Of Sovereignty

and Supreme Political Organs of the State

Aspersion against the President

ARTICLE 297-(1) Any person who casts aspersion upon President is p8nished with imprisonment from one year to four years.

(2) The punishment to be imposed is increased by one sixth in case of commission of this offense publicly; if it is committed through press or broadcast organs, the punishment is increased by one third.

(3) Commencement of prosecution for this offense is subject to consent of the Ministry of Justice.

Humiliating Signs of Sovereignty of State

ARTICLE 298 - (1) Any person who publicly humiliates Turkish Flag by destroying, burning it, or in any other manner, is punished with imprisonment from one year to three years.

(2) Any person who publicly humiliates Turkish National Hymn is punished with imprisonment from six months to two years.

(3) In case of commission of an offense in a foreign country by a Turkish citizen through humiliation of Turkish citizenship, punishment to be imposed is increased by one third.

(4) Declaration of opinion with the aim of criticism may not constitute an offense.

Insulting Turkishness, the Republic, the organs and institutions of the State

Article 299

1. Any person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey shall be sentenced to 6 months to 3 years of imprisonment.

2. Any person who publicly denigrates the Government of Republic of Turkey, the judicial institutions of the State, the military or security organizations shall be sentenced to 6 months to 2 years imprisonment.

3. Where denigration of Turkishness is committed by a Turkish citizen in another country, the sentence shall be increased by one third.

4. Expression of thoughts intended to criticize shall not constitute a crime.

FOURTEENTH SECTION

Offenses Against National Security

Breach of National Unity and Territorial Integrity

ARTICLE 300-(1) Any person who causes partition of the country by allowing another country to rule part or whole of Territorial land, or breaches National Unity, or shows consent to separation of certain portion of the territory under the sovereignty and administration of the State and executes acts aimed to weaken the independence of the State, is punished with heavy life imprisonment.

(2) In case of commission of another office along with this offense, the offender is additionally punished according to the provisions relating to this offense.

(3) Security precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Cooperation with the Enemy

ARTICLE 301-(1) Any person who agrees to serve in the army of a country which is at war with Turkish Republic, or Turkish citizen who participates in an armed attack against Turkish Republic, is punished with life imprisonment.

(2) Any citizen who undertakes commanding duty in the army of a foreign country is punished with heavy life imprisonment.

(3) In case of commission of another offense along with the offenses defined in first and second subsection, the offender is additionally punished according to the provisions relating to this offense.

(4) No punishment is imposed for the citizen who is obliged to serve in the army of a foreign country due to his presence in the territory of the enemy at the time of the war.

Provocation of war against the State

ARTICLE 302-(1) Any person who provokes authorities of a foreign country to start war or to take hostile action against Turkish Republic, or cooperates with the authorities of a foreign country to serve this purpose, is punished with imprisonment from ten years to twenty years. The punishment to be imposed is increased by one third in case of execution of provocation act through press or broadcast organs.

(2) In practice of this article, direct and indirect encouragement or support of the organizations that are formed to commit crime against the security of Turkish Republic, is considered as a hostile action.

(3) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Movements against basic national interests

ARTICLE 303-(1) Any citizen who directly or indirectly secures tangible benefit for himself or others from foreigners or foreign institutions with the aim of taking action against the basic national interests, or any other similar reason, is punished with imprisonment from three years to ten years, and also imposed punitive fine up to ten thousand days.

(2) If such act is executed during war, or through press or broadcast for propaganda purposes, or based on a promise, the punishment to be imposed is increased by one half.

(3) If the offense is committed when the country is not in the state of war, commencement of prosecution for this reason is subject to consent of the Minister of Justice.

(4) The term basic national interests means; independence, territorial integrity, national security and other essential requirements of State, being a Republic, as defined in the Constitution.

Recruitment of soldiers against a foreign country

ARTICLE 304-(1) Any person who recruits soldiers against a foreign country or involves in hostile actions where Turkish State will eventually appear on the break of a war, is punished with imprisonment from five years to ten years.

(2) If war is caused as result of this action, the offender is punished with life imprisonment.

(3) If deterioration of political relations with the foreign country is in question, or there is risk of reprisal against the Turkish Republic or Turkish citizens, the offender is punished with imprisonment from two years to eight years.

(4) If the political relations are ceased or attempt is made for reprisal, the offender is punished with imprisonment from three years to ten years.

(5) Commencement of prosecution for the offense mentioned in this article is subject to the consent of the Minister of Justice.

(6) Provisions of this article may not be applicable to the actions in the nature of self-defense where the part or whole of territorial land is occupied by a foreign country in physical war.

Destruction of military plants and treaties in favor of enemy’s military actions

ARTICLE 305-(1) Any persons who partially or entirely destroys land, sea and air transport vehicles, roads, facilities, warehouses and or other military plants belonging to or under the service of State armed forces,  or damages the same as to be out of use even for a definite period, is punished with imprisonment from six months to twelve years.

(2) In case of commission of this offense;

a) To serve the interests of a country at the state of war with Turkey, or

b) To hinder war preparations of the State by risking power of the country to enter a fight,

The offender is punished with heavy life imprisonment.

(3) If the destruction or damage of the buildings, facilities or property listed in the first subsection is due to negligence of the person responsible from custody, protection or observation of the same or commission of the offense is occasioned for this reason, the negligent person is punished with imprisonment from one year to five years.

(4) Any person who reaches agreement with the foreigners in order to support the military actions of the enemy during war in such a way to give injury to Turkish State, or  military actions of Turkish State, or executes acts creating same consequence, is punished with imprisonment from ten years to fifteen years.

(5) If the military actions of the enemy are physically facilitated, or Turkish State suffers injury during military action as a result of the offense defined in fourth subsection, the person executing such act is punished with heavy life imprisonment.

(6) Same punishment is imposed on the foreigner who makes deal with the person committing the offenses defined in fourth and fifth subsections.

(7) Similarly, the provisions of this article are applied in case of commission of the offenses mentioned in the above subsections in Turkey to give injury to the states in alliance with Turkish State by a treaty for war.

Physical and financial assistance to hostile country

ARTICLE 306-(1) Any citizen who gratuitously or non-gratuitously, directly or indirectly delivers property to a country in the state of war with Turkish Republic, which can be used against Turkish Republic, is punished with imprisonment from five years to fifteen years. This provision is applicable also to the foreigners residing in Turkey.

(2) The same punishment is imposed to a foreigner residing in Turkey or citizen who contributes to payments or shares the expenses madder in favor of the hostile company during war, or facilitates the transactions relating to these payments.

(3) Even if started before the war, any foreigner residing in Turkey or citizen of Turkish Republic who engages, directly or indirectly, in trading activity with the citizens of the hostile country or other persons living on the territory of the hostile country in such a way to give injury to the Turkish Republic or to have positive affect on war power of hostile country, is punished with imprisonment from two years to five years and also imposed punitive fine up to ten thousand days.

(4) Similarly, the provisions of this article are applied in case of commission of the offenses listed in the above subsections in favor of a country in alliance with the hostile country by a treaty for war.

FIFTEENTH SECTION

Offenses against Constitutional Order And Operation of Constitutional Rules

ARTICLE 307-(1) Those who attempt to abandon the rules stipulated by the Constitution of Turkish Republic, or try to bring constitutional order different than the one in force, or avoid implementation of the rules physically by use of force or threat, is punished with heavy life imprisonment.

(2) In case of commission of other offenses along with this offense, the offender is additionally punished according to the provisions relating to these offenses.

(3) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Assault or physical attack upon the President

ARTICLE 38-(1) Any person who attempts to assault the President is punished with heavy life imprisonment.  Even the attempt is considered as completion of the offense and the offender is punished accordingly.

(2) The punishment determined for this offense is applied with an increase by one half if a person involves in other physical attacks upon the President.

Offenses against Legislative Organs

ARTICLE 309-(1) Any person who attempts to dissolve Turkish Grand National Assembly, or partially or entirely avoids performance of the legislative organs by using force or threat, is punished with heavy life imprisonment.

(2) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Offenses against Government

ARTICLE 310-(1) Any person who attempts to dissolve Government of Turkish Republic, or partially or entirely avoids its performance by using force or threat, is punished with heavy life imprisonment.

(2) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Armed revolt against the Government of Turkish Republic

ARTICLE 311-(1) Any person who provokes the citizens to rise an armed revolt against Government of Turkish Republic, is punished with imprisonment from fifteen years to twenty years. If succeeded in rising of a revolt, the provoker is punished with imprisonment from twenty years to twenty-five years.

(2) Any person who commands an armed revolt against the Government of Turkish Republic is punished with heavy life imprisonment. Other persons who participate in the revolt are sentenced to imprisonment from six years to ten years.

(3) In case of commission of these offenses mentioned in the first and second subsection at the time of the war by taking advantage of the its negative affects on the State, the offender is punished with heavy life imprisonment.

(4) In case of commission of other offenses along with this offenses mentioned in the first and seconds subsection, the offender is additionally punished according to the provisions relating to these offenses.

Armed organized criminal groups

ARTICLE 312-(1) Any person(s) who forms organized criminal groups to commit the offenses listed in fourth and fifth sections of this chapter, and commands these groups, is punished with imprisonment from ten years to fifteen years.

(2) Those who enlist to the organized criminal group defined in the firs subsection is sentenced to imprisonment from five years to ten years.

(3) Other provisions relating to the offense committed by forming organized criminal groups are applied exactly the same for this offense.

Supply of arms

ARTICLE 313-(1) Any person who knowingly manufactures, purchases, transports, stores, or illegally transfers arms to the country for use in the activities of the organizations defined in the above articles, is punished with imprisonment fro ten years to fifteen-years.

Alliance for offense

ARTICLE 314-(1) If two or more persons make a deal to commit any one of the offenses listed in fourth and fifth sections of this chapter by using suitable means, the offenders are sentenced to imprisonment from three years up to twelve years, depending on the quality of offense.

(2) No punishment is imposed on the persons who break up the alliance b before commission of the offense or commencement of investigation.

Confiscation of Army Commanding Quarters

ARTICLE 315-(1) Any person who undertakes the command of a army quarter or fleet or a war ship, or air fighter-fleet or a fortress, or a fortified zone, or a military base or plant, or a port or city, although he is not legally authorized or assigned to carry out such duty by the State, is sentenced to life imprisonment.

(2) The same punishment is imposed on the officers who are assigned to undertake commanding duty by the State, or legally authorized to hold such office, but do not obey the orders given by the authorized to leave the quarters.

Discouraging people from enlisting in armed forces

Article 316-  (1) Those who try to persuade or instigate people not to enlist armed forces or  making propaganda with this intention , are punished with imprisonment from six months to two years.

(2) The punishment to be imposed is increased by one half in case of commission of this offense through press and broadcast organs.

Instigating soldiers to disobey orders

ARTICLE 317-(1) Those who persuade or provoke others serving in the army or undertaking duty for armed forces to act contrary to the laws or to break their oath or breach of military discipline or obligations arising out of this service, or praising or supporting such behavior before the soldiers breaching rules, discipline and breaking oath are punished with imprisonment from one year to three years.

(2) If this offense is committed before the public, the offender is sentenced to imprisonment from two years to five years.

(3) If this offense is committed at the time of the war, the punishment to be imposed is increased by one fold.

Enlistment in foreigner’s service

ARTICLE 318 – (1) Any person who recruits citizens to serve for a foreigner or foreign country or encourages them to enlist in a military service in  a foreign country or attempts to arm these persons with weapons without permission of the Government is sentenced to imprisonment from three years to six years.

(2) The punishment to be imposed is increased by one third if there are soldiers or persons attained the military stage among those enlisted or armed in this manner.

(3) Any person who accepts the service mentioned in first subsection is punished with imprisonment from one year to three years.

Disobeying orders at the time of war

ARTICLE 319-(1) Any person who intentionally disobeys the orders or acts contrary to the decisions of the authorized bodies of the Government during war, is punished with imprisonment from one year to six years.

Obligations at the time of war

ARTICLE 32o- (1) Any person who fails to fulfill his obligations while undertaking public service to meet the requirements of the public or armed forces of the Government during war, or partially or entirely breaches obligations arising out of contracts concluded with an institution to meet public demand by performing a work or supply of needs, is punished with imprisonment from three years to ten years and also imposed punitive fine up to ten thousand days.

(2) If the breach of obligations, partially or entirely, is bound to negligence of that person, three fourths of the punishment may be abated.

(3) If the failure in fulfillment of obligations, partially or entirely, results from the negligence of the intermediary agents having contract relation with the principal obligator or their representative, then the same punishment is applied to these real persons or legal entities

(4) The above mentioned persons who execute fraudulent acts during fulfillment of obligations at the time of war, is sentenced to imprisonment from then years to fifteen years and also imposed punitive fine up to ten thousand days.

Spread of untrue rumors during war

ARTICLE 321-(1) Any person who makes untrue and exaggerated statements or spreads news for personal reasons in such a way to demoralize public causing anxiety and excitement during war time, also breaking resistance of the country against enemy, or executes acts that will cause injury of basic national interests, is sentenced to imprisonment from five years to ten years.

(2) If this offense is committed;

a) By propaganda

b) Against the armed forces

c) Based on a treaty with a foreign country

The punishment to be imposed is imprisonment from ten years to twenty years.

(3) If the offense is committed based on a treaty with the enemy, the offender is punished with life imprisonment.

(4) Any person who tries to devaluate the foreign currency during war by risking the resistance of the nation against the enemy, or adopts acts with the intention to have influence on valuable public papers, is punished with imprisonment from five years to ten years and also imposed punitive fine up to three thousand days.

(5) The punishment is increased by one half is the offenses mentioned in forth subsection is committed as a result of a treaty with the foreigner; if it is bound to a treaty with the enemy, then the punishment is increased by one fold.

Negligence in performance of a duty during Mobilization

ARTICLE 322- (1) Any public officer who neglects or delays performance of undertaken duty during mobilization is sentenced to imprisonment from six months to three years.

Acceptance of title and similar awards from enemy

ARTICLE 323-(1) A citizen who accepts an academic degree or honor, title, medal and other honorary ranks from a country at war with Turkey, or secures other benefits including any sort of pay, is punished with imprisonment from one year to three years.

Documents relating to Public Security

ARTICLE 324-(1) Any person who partially or entirely destroys documents and certificates relating to Public security or domestic and foreign political relations, or counterfeits the same, or illegally acquires or steals or uses these documents beyond its purpose, is punished with imprisonment from eight years to ten years.

(2) If the offense is committed during war, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is punished with life imprisonment.

Political or military spying

ARTICLE 325- (1) Any person who tries to get secret information, especially about the Public security or domestic and foreign political interest of the State with the intention of spying on political and military affairs, is sentenced to imprisonment from fifteen years to twenty years.

(2) In the offense is committed:

a) To serve the interest of a country at war with Turkey, or

b) During war by putting the war preparations of the Government, or fighting power, or military movements in jeopardy,

The offender is sentenced to heavy life imprisonment.

Disclosure of information relating to Public Security and political interests of the State

ARTICLE 326-(1) Any person who discloses secret information, especially about the Public security or domestic and foreign political interest of the State, is sentenced to imprisonment from five years to ten years.

(2) If the offense is committed during war time, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is punished with imprisonment from ten years to fifteen years.

(3) If the commission of offense is bound to negligence of the offender, offense by risking the war preparations, or fighting power, or military movements of Government, the offender is sentenced to heavy life imprisonment.

Disclosure of confidential information

ARTICLE 327-(1) Any person who discloses confidential, especially about the Public security or domestic and foreign political interest of the State with the intention of spying on political and military affairs, is sentenced to life imprisonment.

(2) If this offense is committed during war time, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is punished with heavy life imprisonment.

International spying

Article 328-(1) Any citizen who gets information which is to be kept secret from the view point of national security, or domestic or foreign political relations of a foreign country to serve the interests of another foreign country with the intention of spying on political and military affairs, is punished with imprisonment from one years to three years. Any foreigner who illegally gets confidential information in Turkey is subject to same punishment.

Trespass upon Military Zones

ARTICLE 329- (1) Any person who secretly or by deceptions trespasses upon a land of which entry is restricted by the Government for military purposes,  is punished with imprisonment from two years to five years.

(2) In case of commission of this offense during war time, the offender is sentenced to imprisonment from three years to eight years.

Exploitation of Governmental secrets and Disloyalty in Government services

ARTICLE 330-(1) Any person who uses scientific explorations, new discoveries or industrial innovations that are known to him by virtue of office, for his or other’s benefit although such information is required to be kept confidential for Public security, is punished with imprisonment from five years to ten years and also imposed punitive fine up to three thousand days.

(2) If the offense is committed to serve the interest of a country at war with Turkey, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is sentenced to life imprisonment

(3) If a person who is assigned to an official duty in a foreign country by the Turkish State fails to perform this duty faithfully, or causes injury to the country by such disloyalty, is punished with imprisonment from five years to ten years.

(4) Those who become aware of the offenses defined in this article before they are being committed, but fail to notify the authorities in time, are punished with imprisonment from six months to two years even if the offense is not completed.

Access to restricted information

ARTICLE 331- (1) Any person who gets secret information of which the disclosure is restricted pursuant to the laws and regulations of the competent authorities, is punished with imprisonment from one year to three years.

(2) If this offense puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is sentenced to imprisonment from five years to ten years.

Access to restricted information for spying purposes

Article 332-(1) Any person who gets secret information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality,  with the purpose of spying on political and military affairs, is punished with imprisonment from eight years to ten years.

(2) If the offense is committed to serve the interest of a country at war with Turkey, or puts the war activities, or fighting power or military movements of the Government in jeopardy, the offender is sentenced to heavy life imprisonment.

Disclosure of restricted information

ARTICLE 333- (1) Any person who publicizes information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality , is punished with imprisonment from three years to five years.

(2) If the offense is bound to negligence of the offender, the offender is punished with imprisonment from six month to two years in the event mentioned in first subsection: As for the case mentioned in the second subsection, punishment of imprisonment from three years to eight years is to be imposed on the offender.

Disclosure of restricted information for political or military spying purposes

Article 334-(1) Any person who publicizes information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality, with the purpose of spying on political and military affairs, is punished with imprisonment from ten years to fifteen years.

(2) If the offense is committed during war time, or puts the war activities, or fighting power or military movements of the Government in jeopardy, the offender is sentenced to heavy life imprisonment.

Offense of Spying committed by negligence

ARTICLE 335- (1) If the commission of the offenses defined in this section is occasioned from failure of the concerned persons to take proper care and precautions, or results from acts facilitating commission of the offense, the negligent is punished with imprisonment from six months to three years.

(2) If the offense is committed during war time, or puts the war activities, or fighting power or military movements of the Government in jeopardy, the offender acting in negligence is sentenced to imprisonment from three years to eight years.

Holding documents relating to Public security

ARTICLE 336-(1) Any person who keeps information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality, or is caught with documents containing such information where no acceptable reason could be shown for such hold, is punished with imprisonment from one year to five years.

(2) If the offense is committed during war time, the offender is punished with imprisonment from three years to eight years.

SIXTEENTH SECTION

Offenses Against the Relations With Foreign Countries

Offenses against the President of a foreign country

ARTICLE 337-(1) Punishment to be imposed on a person committing an offense against President of a foreign country is increased by one eighth. In case the offense requires punishment of life imprisonment, the offender is sentenced to heavy life imprisonment.

(2) If the felony creates the consequences of an offense of which investigation or prosecution is bound to complaint, the complaint of the foreign country is sought for commencement of investigation and prosecution.

Aspersion against the flag of a foreign country

ARTICLE 338-(1) Any person who publicly humiliates the officially flown flag of a foreign country or other signs of sovereignty, is punished with imprisonment from three months to one year.

(2) Commencement of investigation and prosecution for this offense is bound to complaint of that country.

Offences against the representative of foreign countries

ARTICLE 339-(1) The persons committing offense against the temporary or permanent representatives of foreign countries in Turkey, or the foreign personnel with diplomatic immunity, or agencies of international institutions subject to certain exceptions, are punished according to the provisions of this Law relating to the offenses committed against the public officers.

(2) If the offense committed is in the nature aspiration or insult, commencement of investigation and prosecution is bound to complaint of the aggrieved party.

Reciprocity condition

ARTICLE 340- (1) Application of the provisions stated in this section is based on reciprocity condition.

SEVENTEENTH SECTION

Final Provisions

Effectiveness

ARTICLE 341- (1) a) Article 184 of this Law under the heading “Pollution caused by the construction” comes into force on the date of publication,

b) First subsection of Article 181 under the heading “Intentional pollution of environment” and first subsection of Article 182 under the heading “Pollution of environment by negligence” comes into force after two years as of the date  of publications,

c) Other provisions come into force on 1 April 2005.

Enforcement

ARTICLE 342-(1) Provisions of this Law are enforced by the Ministers’ Council.
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THE CRIMINAL CODE

Legislationline Note: This Criminal Code was adopted in 2004 and entered into force in July 2005. Amendments of 2006 are not included in the text.

The General Part

Title I

Criminal law and its application restrictions

Chapter I

Preliminary provisions

The purpose of criminal law

Art.1 – The criminal law defends, against criminal offences, Romania, the sovereignty, the independence, the unity and indivisibility of the state, the person, its rights and liberties, the property and the rule of law.

Legality of incrimination and of criminal law sanctions

Art.2 – (1) The law specifies what actions constitute offences, provides the penalties to be applied and the measures that can be taken in case such acts are committed.

(2) No one can be sanctioned for an act not provided in the law as an offence at the perpetration date, nor can a penalty be applied or a security or educative measure be taken that is not provided by the law in force at the perpetration date.

Crimes and delicts

Art.3 – Acts provided in criminal law as offences are divided, according to their seriousness, into crimes and delicts.

Chapter II

Criminal Law Application

Section 1

Criminal Law application in time

Force of the Criminal Law

Art.4 – The criminal law shall apply to offences committed while it is in force.

Criminal Law Non-Retroactiveness and Retroactiveness

Art.5 – (1) Criminal law does not apply to acts that were not provided as offences by the law at the moment of their perpetration.

(2) Criminal law does not apply to actions committed under the former law if they are no longer mentioned in the new law.

In this case, the execution of penalties, security and educational measures handed down based on the former law, as well as all criminal consequences of court decisions concerning these acts, shall cease by the entry into force of the new law.

Application of the most favourable criminal law

Art.6 – (1) In the case where from perpetration of the offence to the final judgment of the cause one or more criminal laws have emerged, the most favourable law shall apply.

(2) Paragraph (1) shall apply also to the law declared as unconstitutional, as well as to other normative acts, approved by the Parliament with amendments or supplementations or not approved, if while they were in force they had more favourable criminal provisions.

Application of the most favourable criminal law for final penalties

Art.7 –  (1) When, from the time when the conviction decision remains final to the complete execution of a penalty involving detention or of a fine a law has emerged providing the same penalty, but with a smaller special maximum, the sanction applied, if it exceeds the special maximum provided in the new law for the offence committed, shall be reduced to this maximum.

(2) If, from the time when a decision of life detention or severe detention remains final to its execution, a law has emerged providing a different penalty of detention for the same act, the penalty of life detention or severe detention shall be replaced with the maximum of the penalty of detention provided in the new law for that offence.

(3) Should the new law provide instead of the penalty of imprisonment only the penalty of the fine, the penalty applied shall be replaced with fine, without exceeding the special maximum provided in the new law. Taking into account the part of the imprisonment already executed, the execution of the fine may be removed wholly or in part.

(4) Complementary punishments, security and educative measures not executed and not provided in the new law, shall no longer be executed, and those having a more favourable correspondent in the new law shall be executed according to the contents and restrictions provided in this new law.

(5) When a stipulation from the new law refers to punishments applied finally, the penalty reduced or replaced according to paragraphs (1)-(4) shall be taken into account for penalties executed prior to the entry into force of the new law.

Other situations regarding the application of the most favourable criminal law for final penalties

Art.8. – (1) When, from the time the conviction decision remains final to the complete execution of severe detention, strict imprisonment or imprisonment, a law has emerged providing the same penalty, but with a smaller special maximum and the sanction applied is smaller than the special maximum provided by the new law, taking into account the offence committed, the person of the perpetrator, its behaviour after the passing of the sentence or during the execution of the penalty and the time which has been executed out of the penalty, it shall be pronounced either the maintaining of the penalty, or the decreasing of the penalty. The penalty may not be reduced under the limit which results from the diminution of the penalty in proportion to the decrease of the special maximum provided for the offence committed.

Application of temporary law

Art.9 – (1) A temporary criminal law shall apply to offences committed while it was in force, even if the act was not prosecuted or tried during that time interval.

(2) A temporary criminal law is a criminal law providing its own expiry date or the application of which is restricted by the nature of the temporary situation that called for it.

Section 2

Criminal Law application in space

Territorial nature of Criminal Law

Art.10 – (1) Criminal Law shall apply to offences committed on Romanian territory.

(2) “Romanian territory” means the surface of land and water comprised by the State borders, including inner sea waters, the underground and the aerial space, as well as territorial sea with its soil, underground and aerial space.

(3) An offence is committed on Romanian territory also when it has been committed on a ship under the Romanian flag or a Romanian aircraft, as well as when only an execution act has been carried out or the result of the offence occurred on Romanian territory or on a ship under the Romanian flag or on a Romanian aircraft.

Criminal Law personality

Art.11 - Criminal law shall apply to offences perpetrated outside Romanian borders, by a Romanian citizen or by a person without citizenship which resides in Romania, if the act is provided as an offence also by the criminal law of the country of perpetration.

Criminal law reality

Art.12 – (1) Criminal law shall apply to offences committed outside Romanian territory by a foreign citizen or by a person without citizenship which resides in Romania, against national security or the security of the Romanian State, against a Romanian citizen or against a Romanian legal entity, if the Romanian law provides the penalty of life detention or severe detention.

(2) The initiation of criminal action against offences provided in paragraph (1) shall be done solely with prior authorisation from the General Prosecutor from the Prosecutor’s Office attached to the Supreme Court of Justice.

Criminal law universality

Art.13 – (1) Criminal law shall apply also to other offences than those in Article 12 para.(1), committed outside Romanian territory, by a foreign citizen or by a person without citizenship which does not reside in Romania, if:

a) the act is provided as an offence also by the criminal law of the country of perpetration;

b) the perpetrator is in our country.

(2) For offences against the interests of the Romanian State or against a Romanian citizen, the perpetrator can be tried also in the case when his/her extradition has been obtained.

(3) Para.(1) and (2) shall not apply when, according to the law of the State of perpetration, there is a cause that hinders the initiation of criminal action or the continuation of the criminal lawsuit or the execution of the penalty or when the penalty has been executed or it is considered to have been executed.

(4) When the penalty has not been executed or has been executed only in part, the course of action shall be in accordance with the legal stipulations on recognition of foreign judgments.

Criminal law and international conventions

Art.14 – Articles 11- 13 shall apply if no international convention to which Romania is a Party ordains otherwise.

Jurisdiction immunity

Art.15 – Criminal law does not apply to offences committed by diplomatic representatives of foreign States or by other persons who, according to international conventions, are not subject to criminal jurisdiction in Romania.

Extradition

Art.16 – (1) Extradition shall be granted or may be requested based on an international convention or based on reciprocity.

(2) The conditions for requesting or granting extradition provided either in international conventions or declarations of reciprocity shall be supplemented by those provided in the special law.

Title II

Offences

Chapter I

General Provisions

Essential features of offences

Art.17 – (1) An offence is an act provided in the criminal law, manifesting a social peril and committed in guilt.

(2) Offences are the only grounds for criminal liability.

The social peril

Art.18 – An act represeting a social peril according to the criminal law is any action or inaction through which one of the values provided in article 1 is damaged and for which the application of a penalty is necessary.

Acts that do not manifest a social peril

Art.19 – (1) If the act provided in the criminal law damages insignificantly one of the values protected by the law and by its concrete content, is obviously lacking importance, therefore not manifesting a social peril, the above said act does not constitute an offence.

(2) For the determination of the concrete social peril, it shall be taken into account the manner and the means by which the act was committed, the purpose of the act, the circumstances in which the act was committed, the result which was caused or which could have been caused, as well as the person and the behaviour of the perpetrator.

(3) In case of perpetration of an act provided by this article, the prosecutor or the court applies one of the following administrative sanctions:

a) reproach;

b) reproach with warning;

c) a fine from 1.000.000 lei to 25.000.000 lei.

Guilt

Art.20 – (1) The act provided by the criminal law which manifests a social peril is committed in guilt when it is perpetrated in intent, in negligence or with exceeded intent.

1.The act is committed in intent, when the perpetrator:

a) foresees the result of his act, pursuing its occurrence through the commission of that act;

b) foresees the result of his act and, although he does not pursues it, accepts the possibility of its occurrence.

2.The act is committed in negligence when the perpetrator:

a) foresees the result of his act, but he does not accept it, considering, without ground, that the result should not occur;

b) he does not foresees the result of his act, although he should have and could have foreseen it.

(2) An act that resides either in an action or inaction shall be an offence only when it is committed with intent.

(3) An act committed in negligence shall be an offence only when the law so provides.

(4) There is exceeded intent when the more serious result of an action or inaction with intent is caused by the perpetrator’s negligence.

Chapter II

Justifying causes

Justifying causes

Art.21 – (1) An act provided in the criminal law committed in the circumstances of one of the justifying clauses provided in the law shall not be an offence.

(2) The effect of justifying clauses is expanded also over the participants.

Legitimate defence

Art.22 – (1) The act committed in legitimate defence does not constitute an offence.

(2) Is in legitimate defence the person who commits the act in order to remove a material, direct, immediate and unjust attack against himself or against some other person or against a general interest, endangering the person or the rights of the one attacked or the general interest.

(3) It shall be presumed that the person committing an act in order to reject the penetration, without right, of a person by violence, deceit, forced entry or by any other such means, into a home, a room, an outbuilding or a enclosed space annexed to these is also in legitimate defence.

(4) An act provided in the criminal law committed while exceeding the limits of defence proportional with the seriousness of the danger and with the circumstances of the attack, shall not be considered an offence if the exceeding of limits took place because of the confusion or fear of the person responding.

State of necessity

Art.23 – (1) An act provided in the criminal law committed by a person in order to save his/her own life, corporal integrity or health or those of another person or an important asset of his/her own or of another person or a general interest, from imminent danger that could not be removed otherwise shall not be considered an offence.

(2) A person who, at the moment of perpetration, did not realise that he/she was causing obviously more serious consequences than those that could have occurred had the danger not been removed, shall also be in a state of necessity.

Order of the law and command of legitimate authority

Art.24 – (1) The commission of an act incumbent upon one or authorised by the law shall not be considered an offence if it has been executed according to the conditions provided in the law.

(2) The accomplishment of an act ordained by the legitimate authority shall not be an offence if the order is given in the form provided in the law and it is not obviously illegal.

The victim’s consent

Art.25 – (1) An act committed with the victim’s consent validly expressed when he/she was legally able to dispose of the social value infringed upon or endangered, shall not be an offence.

(2) Para.(1) shall not apply for offences against a person’s life. In case of offences against the corporal integrity and health of persons para.(1) shall not apply if the act consented infringes the law or the good manners.

Chapter III

Causes that remove the criminality of acts

Causes that remove the criminality of acts

Art.26 – (1) An act provided in the criminal law committed in the circumstances of one of the causes provided by the law that remove the criminality of acts shall not be an offence.

(2) The effect of causes that remove the criminality of acts shall not be expanded over the participants, except for the fortuitous case.

Physical coercion

Art.27– An act provided in the criminal law committed because of physical coercion to which the perpetrator could not resist shall not be an offence.

Moral coercion

Art.28 – An act provided in the criminal law committed because of moral coercion, exercised by threat with a serious danger for the person of the perpetrator or for another person and that could not be removed otherwise shall not be an offence.

Fortuitous case

Art.29 – An act provided in the criminal law, the result of which is the consequence of unforeseeable circumstances shall not be an offence.

Perpetrator’s minority

Art.30 – An act provided in the criminal law committed by a minor who, at the perpetration date did not meet the legal conditions for criminal liability shall not be an offence.

Irresponsibility

Art.31 – An act provided in the criminal law shall not be an offence if the perpetrator, at the time of perpetration, either because of mental alienation, or for other reasons, was unaware of his/her actions or inactions, or could not master them, shall not be an offence.

Inebriety

Art.32 – (1) An act provided in the criminal law shall not be an offence if the perpetrator, was, at the time of perpetration, due to circumstances beyond his/her will, in a state of total inebriety caused by alcohol or other substances.

(2) A state of voluntary total inebriety caused by alcohol or other substances shall not remove the criminality of acts. It can be, according to case, either a mitigating or an aggravating circumstance.

Error de facto

Art.33 – (1) An act provided in the criminal law shall not be an offence if the perpetrator, at time of perpetration, was unaware of the existence of a state, situation or circumstance on which the criminality of the act depends.

(2) A circumstance not known by the perpetrator at the time of perpetration shall not be an aggravating circumstance.

(3) Para.(1) and (2) shall apply also to acts committed by negligence that are punished by criminal law, only if the unawareness of the state, situation or circumstance concerned is not in itself the result of negligence.

Chapter IV

Attempt

Attempt

Art.34 – (1) Attempt is the execution of a decision to commit an offence, an execution that was interrupted or did not have its effect.

(2) There is also attempt when the occurrence of the offence was not possible due to the insufficiency or the defectiveness of the means used, or due to the fact that while the act was committed, the object was absent of the place where the perpetrator thought it would be.

(3) There is no attempt when the impossibility of occurrence of the offence is because of how the execution was conceived.

Punishment of attempt

Art.35 – (1) Attempt to crime shall always be punished, and attempt to delict shall be punished only when the law provides it.

(2) For natural persons, attempt shall be sanctioned by a penalty immediately inferior to the penalty provided in the law for an offence that did occur, if the law does not provide otherwise.

(3) For legal entities attempt shall be punished by a fine from the special minimum and the special maximum of the fine provided in the law for an offence that did happen, reduced by half, if the law does not provide otherwise. One or more of the complementary penalties can be added to this penalty, except for that of dissolution of the legal entity.

Divestment and hindrance of result occurrence

Art.36 – (1) A perpetrator who divested him/herself or who hindered the occurrence of the result before the act was discovered shall not be punished.

(2) If the acts accomplished up to the moment of divestment or hindrance of result occurrence is another offence, the penalty for that offence shall be applied.

Chapter V

Participation

Participants

Art.37 – Participants are persons who contribute to the perpetration of an act provided by the criminal law as authors, instigators or accomplices

Authors

Art.38– (1) A person committing an offence directly is an author.

(2) Should several persons commit an offence directly and together, each person shall be punished as an author.

Instigators

Art.39 – An instigator is a person who intentionally determines another person to commit an offence.

Accomplices

Art.40 – (1) An accomplice is a person who voluntarily facilitates or helps in any way in the commission of an offence.

(2) A person who promises, either before or during the commission of the offence, to conceal the proceeds emerging from it or to favour the perpetrator, even if after commission of the offence the promise is not kept, shall also be an accomplice.

Penalty for participation

Art.41 – Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Real and personal circumstances

Art.42 – (1) Circumstances relating to the person of the author or that of another participant shall not be transmitted to the others.

(2) Circumstances relating to the act shall be transmitted to the participants only to the extent that they were aware of them or foresaw them.

Hindrance of perpetration

Art.43 – (1) A participant shall not be punished if he/she hinders its occurrence, during execution, but before the act is discovered.

(2) If the acts committed until the moment of hindrance make up another offence, the participant shall be punished for that offence.

Improper participation

Art.44 – (1) Determining, facilitating or helping, in any manner, voluntarily, to the commission in negligence by another, of an act provided in the criminal law, shall be sanctioned by the penalty provided in the law for the act perpetrated in intent.

(2) Determining, facilitating or helping, in any manner, voluntarily, to the commission without guilt by another, of an act provided in the criminal law, shall be sanctioned by the penalty provided in the law for that act.

(3) Provisions of art.42 and 43 apply accordingly.

Chapter VI

Criminal liability for legal entities

Conditions for criminal liability of legal entities

Art.45 – (1) A legal entity, except for the State, the public authorities and the public institutions, shall be criminally liable, in cases provided in the law, for offences committed on behalf or in the interest of the legal entity, by its bodies or representatives.

(2) Criminal liability for legal entities shall not exclude the criminal liability of natural persons who partook in the commission of that same act.

Chapter VII

Plurality of offences

Forms of plurality

Art.46 – Plurality of offences shall be, according to each case, concurrence of offences or relapse.

Concurrence of offences

Art.47 – (1) There is actual concurrence of offences when two or more offences have been committed by the same person, by two or more actions or inactions, before being finally convicted for any one of them.

(2) There is formal concurrence of offences when an action or inaction committed by the same person has the elements of several offences, because of the circumstances of perpetration and because of the consequences it produced.

(3) For formal concurrence of offences, the act shall be sanctioned by the punishment provided by the law for the most serious of the offences committed.

Main penalty for actual concurrence of offences

Art.48 –  (1) In case of actual concurrence of offences, the penalty for each offence is established separately, and from among these the penalty is applied in one of the following ways:

a) when only penalties involving detention have been provided:

1. the heaviest penalty established for one of the concurrent offences shall be applied. It can be increased up to its special maximum, and when this special maximum is not sufficient a supplementation can be applied, while not exceeding the total of length of penalties established for the concurrent offences nor the general maximum of the immediately superior penalty or

2. a penalty is applied that represents the total of the penalties established for the concurrent offences, while not exceeding the general maximum of the immediately superior penalty;

b) when only penalties by fine have been established:

1. the heaviest penalty established for one of the concurrent offences shall be applied. It can be increased up to its special maximum, and when this special maximum is not sufficient a supplementation can be applied, while not exceeding the total of penalties by fine established by the court for the concurrent offences nor the general maximum of the fine or

2. a penalty is applied that represents the total of the fines established for the concurrent offences, while not exceeding the general maximum of the fine;

c) when the court has established both penalties of detention and penalties of fine, the penalty of detention shall be applied according to lett.a) point 1, to which the fine can be added, wholly or in part.

(2) Should any of the punishments for the concurrent offences be life detention, this penalty shall be applied.

(3) Para.(1) and (2)shall apply also when a final decision of conviction has been handed down for one of or all the concurrent offences.

Complementary penalties and security measures for actual concurrence of offences

Art.49 – (1) If for one of the concurrent offences a complementary penalty has also been established, it shall apply together with the penalty of detention.

(2) Complementary penalties of a different nature or even of the same nature, but having different contents, shall apply together with the penalty of detention.

(3) If several complementary penalties have been established having the same nature and the same contents, the heaviest of them shall be applied.

(4) Security measures of the same nature in the case of concurrent offences shall be taken only once, and if they are different in nature they shall be cumulated.

Relapse

Art.50 – (1) There is relapse in the following cases:

a) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict;

b) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict;

c) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty;

d) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty.

(2) There is relapse also when one of the penalties in para.(1) is life detention.

(3) In order to establish the relapse, a decision of conviction handed down abroad for an act provided also in Romanian law shall be taken into account, if it has been recognized according to the law.

Sanction for relapse

Art.51 – (1) For relapse after conviction provided in Art.50 para.(1) a) the rules of the concurrence of offences shall apply. If the convicted person has executed a part of the penalty, the rules for concurrence of offences shall apply taking into account the penalty left to be executed.

(2) For relapse after conviction provided in Art.50 para.(1) b), the penalty established for the offence committed afterwards and the penalty applied for the previous offence shall be cumulated, while not exceeding the general maximum of the immediately superior penalty. Should the convicted person have executed a part of the penalty already, the cumulation shall be made between the penalty left to be executed and the penalty for the offence committed afterwards.

(3) For relapse after execution provided in Art.50 para.(1) c) and d), a penalty that can be increased by 10 years, within the restrictions of the immediately superior penalty can be applied.

Penalty for certain cases where there is no relapse

Art.52 – When after final conviction the person convicted commits a new offence, before the commencement of the penalty execution, during execution or as an escaped convict, and the legal requirements for relapse are not met, the penalty shall be applied according to the rules for concurrence of offences.

Convictions that do not entail relapse

Art.53 – (1) Upon establishment of relapse, decisions of conviction concerning:

a) offences committed during minority;

b) offences committed in negligence;

c) offences amnestied;

d) acts no longer provided as offences by the criminal law;

shall not be taken into account.

(2) Also, convictions for which rehabilitation occurred or with regard to which the rehabilitation term was reached shall not be taken into account.

Penalties for plurality of offences committed by legal entities

Art.54– (1) For occurrence of offences committed by a legal entity,the fine up to the special maximum provided in Art.80 para.(2) or (3) shall be applied for the most serious of offences, which can be increased by one fourth.

(2) When a legal entity has previously had a final conviction for an offence, para.(1) shall apply, if the penalty applied for the previous offence was not executed. If the previous penalty has been executed, the penalty of fine up to the special maximum provided in Art.80 para.(2) or (3) shall be applied, which can be increased by one third.

(3) Complementary penalties can be cumulated.

Unity of a continued offence and of a complex offence

Art.55 – (1) For continued offences and for complex offences there is no plurality of offences.

(2) An offence is continued when a person commits, at various time intervals, but for the realisation of the same resolution, actions or inactions each having the content of the same offence. In this case, the penalty provided by the law for the offence committed shall apply, to which an increase can be added up to the special maximum, and when this maximum is not sufficient an increase can be applied while not exceeding the general maximum.

(3) An offence is complex when its contents include, as a constitutive element or as an aggravated circumstantial element, an action or an inaction that is in itself an act provided in the criminal law.

Recalculation of the penalty for continued or complex offences

Art.56 – If the perpetrator who received a final conviction for a continued or complex offence is judged afterwards also for other actions or inactions included in the contents of the same offence, taking into account the offence committed as a whole, an appropriate penalty shall be established, and it cannot be shorter than the one previously handed down.

Title III

Penalties

Chapter I

Categories and general limits for penalties applied to natural persons

Penalties and their purposes

Art.57 – (1) A penalty is a coercion measure applied in order to re-educate the convict and to prevent the commission of new offences.

(2) The execution of penalties must not cause physical suffering nor degrade the convict’s person.

Types of penalties

Art.58 – (1) Penalties that apply to natural persons are: main penalties, complementary penalties and accessory penalties.

(2) Main penalties are divided into: main penalties for crimes and main penalties for delicts.

(3) Main penalties for crimes are:

a) life detention;

b) severe detention from 15 to 30 years;

(4)Main penalties for delicts:

a) strict imprisonment from one to 15 years;

b) imprisonment from 15 days to one year;

c) fine in the form of days/fine, from 5 to 360 days, each day being calculated from 100.000 to 1.000.000 lei;

d) community service, from 100 to 500 hours.

(5) Complementary penalties for crimes and delicts are:

a) prohibition of the exercise of certain rights from one to 10 years;

b) military reduction to the ranks.

(6) The accessory penalty for delicts and crimes is the prohibition of the exercise of all rights provided as complementary penalty.

Chapter II

Categories and general limits for penalties applicable

to legal entities

Types of penalties

Art.54 – (1) Penalties applicable to legal entities for delicts or crimes are: main penalties and complementary penalties.

(2) The main penalty is the fine from 10.000.000 to 10.000.000.000 lei.

(3) Complementary penalties are:

a) dissolution of legal entities;

b) suspension of the activity or of one of the activities of the legal entity for a duration of one to 3 years;

c) prohibition to partake in public acquisition proceedings, from one to 5 years;

d) prohibition of access to certain financial resources, from one to 5 years;

e) display of the conviction decision or its dissemination in the Official Gazette of Romania, or in the media.

(4) Complementary penalties provided in para.(3) b)-e) can be applied cumulatively, wholly or in part.

Chapter III

The regulation for execution of main penalties applied to natural persons

Section 1

Regulations for the execution of penalties of detention

General rules for the execution of main penalties of detention

Art.60 – (1) The regulations for executing main penalties of detention is based on the progressive system.  The convicts have the possibility, in accordance with the law on penalty execution, to pass from one treatment to another.

(2) Penalties of detention are executed in one of the following treatments:

a) the maximum-security treatment;

b) the closed treatment;

c) the semi-open treatment;

d) the open treatment.

(3) The treatment for the execution of penalties of detention is founded on the convicts’ possibility to carry out useful work, if they are able to, on the educational action that must be carried out with regard to the convicts, on their observance of labour discipline and of the inner order of the places of detention, as well as on stimulating and remunerating those who are consistent in their work, disciplined and who show serious improvement. All these means need to be used to lead to the social reintegration of convicts and to the prevention of offence commission.

(4) After reaching the age of 60, convicts are allowed to work only if they ask for and only if they are capable to work.

The place and the manner of executing penalties of detention

Art.61– (1) Execution of penalties of detention is done, according to the law on penalty execution, in places expressly destined for this, called prisons.

(2) Women sentenced to penalties of detention shall execute these penalties separately from male convicts.

(3) Minors convicted to penalties of detention shall execute these penalties separately from adult convicts or in special places of detention, while ensuring the possibility for them to continue the obligatory education and to acquire professional training according to their abilities.

Treatment at work

Art.62 – (1) The work carried out by convicts is remunerated, except maintenance work necessary to the prison.

(2) The norms, the working hours and the remuneration for the convict are those established in the law.

(3) Of the convict’s remuneration, one part shall be given to him/her, and the other part shall be given to the prison administration. These parts, as well as how the money is used shall be established through the law on penalty execution.

Section 2

Regulations for the execution of life detention and severe detention

The place and manner of executing the penalty of life detention and of severe detention

Art.63 – (1) Life detention and severe detention shall be executed in prisons expressly destined for this or in special sections of the other prisons.

(2) The treatment for life detention and severe detention is the maximum-security treatment. Persons convicted to life detention or severe detention can pass to the other treatments in accordance with the law on penalty execution.

Non-application of life-detention

Art.64 – (1) Life detention shall not apply to persons who, at the date of pronunciation of the conviction decision, have reached the age of 60 years. In this case, life detention shall be replaced by the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

(2) When the person convicted to life detention has reached the age of 60 during the execution of the penalty, life detention shall be replaced with the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

Calculating the penalty in case of commutation or replacement of life detention

Art.65 – In cases of commutation or replacement of life detention with severe detention, the period of detention executed is considered a part executed from the penalty of severe detention.

Section 3

Regulations for the execution of the penalty of strict imprisonment and of imprisonment

The place and manner of executing the penalty of strict imprisonment

Art.66 – (1) Execution of the penalty of strict imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of strict imprisonment shall be the closed treatment, for persons convicted to strict imprisonment for more than 5 years or the semi-open treatment, for strict imprisonment not exceeding 5 years.

(3) The persons convicted to strict imprisonment can pass to the other treatments in accordance with the law on penalty execution.

The place and manner of executing the penalty of imprisonment

Art.67 – (1) Execution of the penalty of imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of imprisonment shall be the open treatment, provided in the law on penalty execution.

Section 4

Regulations for execution of fines

Contents of the penalty of the fine in the form of days/fine

Art.68 – (1) The penalty of the fine is the sum of money that the perpetrator is sentenced to pay.

(2) The penalty of the fine is applied in the form of days/fine. In this case the total sum to be paid is the result of multiplying the number of days of penalty established by the court in relation to the seriousness of the act and the person of the perpetrator, by the sum representing the evaluation in money of each penalty day, taking into account the perpetrator’s financial possibilities and the legal obligations he/she has with regard to the persons in his/her care.

(3) Should the law provide that an offence is punishable only by fine, without setting forth its limits, the special minimum of days/fine is 20 days, and the special maximum is 120 days.

(4) When the law provides the penalty of the fine, without showing its limits, alternatively with the penalty of detention, the special minimum of days/fine is 40 days, and the special maximum is 180 days, and when the law provides the penalty of the fine alternatively with the penalty of strict imprisonment, the special minimum is 60 days and the special maximum is 240 days.

Replacement of the penalty of the fine in the form of days/fine

Art.69– (1) In case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of strict imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 500 hours or, if the convict does not consent to this penalty, with the penalty of strict imprisonment.

(2) In the case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 300 hours or, if the convict does not consent to this penalty, with the penalty of imprisonment.

(3) When replacing the penalty of the fine, the length of the days/fine not paid shall be taken into account.

Section 5

The regulation for execution of community service

Contents of penalties and execution

Art.70– (1) Should the law provide the penalty of imprisonment or strict imprisonment of no more than 3 years for a delict,the court can ordain the replacement of the penalty of detention with the execution of unremunerated community service, for a duration of at least 100 hours.

(2) The maximum length for community service is 300 hours, in the case where the law provides the penalty of imprisonment and 500 hours, in case the law provides the penalty of strict imprisonment of no more than 3 years.

(3) Community service can only be ordained with consent from the defendant.

(4) Should the convicted person fail to execute this penalty or, should he/she have inappropriate conduct during execution, by not fulfilling obligations or by fulfilling them in an inappropriate manner, the court can ordain, if the law does not provide another sanction, the revocation of community service, replacing it, wholly or in part, with, as the case requires, imprisonment or strict imprisonment of no more than 3 years.

(5) The manner of executing community service is regulated by the law on punishment execution.

Section 6

Parole

Parole for persons convicted to imprisonment, strict imprisonment and severe detention

Art.71– (1)After having executed at least two thirds of the penalty of imprisonment or of strict imprisonment or three fourths of severe detention, the convicts who are consistent in their work, well-disciplined and show serious improvement, taking into account the length of penalty still to be executed, the age, the health, the form of guilt and criminal antecedents, can be released on parole before the full execution of the penalty.

(2) Minors convicted to imprisonment or strict imprisonment can be released after the execution of one third of the penalty applied. When the person convicted has reached the age of 60 for men and 55 for women, she/he may be release on parole after the execution of one third of the penalty of imprisonment or strict imprisonment or half fo the severe detention.

(3) In the calculation of fractions of the penalty provided in para.(1) the part of the penalty that can be considered, according to the law, as being executed based on the work carried out shall be taken into account. In this case, parole cannot be granted before the actual execution of at least half of the penalty of imprisonment or strict imprisonment or of at least two thirds of the penalty of severe detention.

(4) During parole, the court can oblige the convict to submit to measures of supervision provided in Art.103.

Parole for life detention convicts

Art.72– (1) Persons convicted to life detention can be released on parole after the actual execution of 20 years of detention, if he/she is consistent at work, well disciplined and shows serious improvement, also taking into account the criminal antecedents.

(2) Convicts over the age of 60 can be released on parole after the actual execution of 15 years of detention, if the other conditions provided in para.(1) are also met.

(3) A penalty shall be deemed as executed if within 10 years from parole the convict has not committed any new offence. If during this interval the convict has committed a new offence, Art.73 shall apply accordingly.

(4) During parole the court can oblige the convict to submit to measures of supervision provided in Art.103.

Effects of parole

Art.73 – (1) The penalty is deemed as executed if during the time interval between parole release and the expiry of the penalty, the person convicted has not committed a new offence.

(2) If until completion of the penalty the person released on parole has committed a new offence for which the law provides the penalty of imprisonment, the court, taking into account its seriousness, can ordain either the maintenance of parole or its revocation.

(3) If until completion of the penalty the person released on parole has committed a new offence for which the law provides the penalty of severe imprisonment, of severe detention or of life detention, revocation of parole is obligatory.

(4) In case of revocation of parole, the penalty established for the ulterior offence and the rest of the penalty to be executed from the previous penalty shall be cumulated, without exceeding the general maximum of the heaviest penalty.

Section 7

Execution of penalty in a military prison

The manner of executing penalties in military prisons

Art.74 – (1) The execution of the penalty of imprisonment not exceeding 2 years, by active members of the military, shall be done in a military prison in the cases provided in the law, as well as in the cases where the law court, taking into account the circumstances of the cause and the person of the convict, so ordains.

(2) If the person convicted has executed half of the duration of the penalty and has shown serious improvement, the part of the penalty left to be executed shall be reduced by a third, and if the convict’s behaviour was outstanding, the reduction can exceed a third; it can even include the entire rest of the penalty.

(3) If during the execution of penalty the person convicted becomes unable for service, is released on parole.

(4) If during execution of penalty the person convicted commits a new offence, the court that pronounces the conviction shall apply, according to case, Art.51 or Art.52. The penalty thus established is executed in a place of detention.

(5) After execution of the penalty according to para.(1)-(3) or after total pardon or after pardon of the rest of the penalty, the person convicted shall be rehabilitated de jure.

(6) Paragraphs (1)-(5) shall apply also for those who have begun military service after the conviction decision remained final.

(7) In case that, before commencement of the execution of the penalty in a military prison, the convict has been put in reserve, the penalty shall be executed in a place of detention.

Chapter IV

Complementary and accessory penalties

Section 1

Complementary penalties

Contents of the penalty of prohibition of the exercise of certain rights

Art.75 – (1) The complementary penalty of the prohibition to exercise certain rights resides in the prohibition of exercising one or more of the following rights:

a)the right to elect and be elected into public authorities or as elected public officials;

b) the right to hold an office involving the exercise of State authority;

c) the right to hold an office or to exercise a profession or to carry out an activity, of the nature of the one that was used by the convict to commit the offence;

d) parental rights;

e) the right to be a guardian or a curator.

(2) Prohibition of exercising the rights provided in para.(1) b) cannot be pronounced unless it is accompanied by the prohibition of exercising the rights provided in para.(1) a), except when the law provides otherwise.

Application of the penalty of prohibition of the exercise of certain rights

Art.76 – (1) The complementary penalty of the prohibition of exercising certain rights can be applied, if the main penalty established is detention of at least 2 years and the court finds that, with regard to the nature and seriousness of the act, the circumstances of the cause and the person of the perpetrator, this penalty is necessary.

(2) The application of the prohibition to exercise certain rights is obligatory when the law provides this penalty.

(3) The condition provided in para.(1) concerning the quantum of the detention must be met also for the case when the application of the penalty provided in that penalty is compulsory.

Execution of the penalty of prohibition of exercising certain rights

Art.77– The execution of the penalty of prohibiting the exercise of certain rights shall commence after execution of the penalty of detention, after total pardon or pardon of the rest of the penalty, or after prescription of penalty execution.

Contents and application of the penalty of military reduction to the ranks

Art.78– (1) The complementary penalty of military reduction to the ranks consists of loss of rank and of the right to wear a uniform.

(2) Military reduction to the ranks shall be applied obligatorily to convicts in the military, either active or in reserve, if the main penalty established is life detention or severe detention.

(3) Military reduction to the ranks can be applied to members of the military, either active or in reserve, for offences committed deliberately, if the main penalty established is strict imprisonment at least 5 years and no more than 15 years.

Section 2

Accessory penalties

Contents and execution of accessory penalties

Art.79 –(1) The accessory penalty consists of the prohibition of all rights provided in Art.75.

(2) Conviction to a penalty of detention entails de jure the prohibition of rights provided in para.(1) from the moment when the decision of conviction remained final to the completion of penalty execution, to total pardon or the pardon of the rest of the penalty or to completion of the prescription term for the execution of the penalty.

(3) For the duration of the postponement or interruption of execution of the penalty of detention, the convict can exercise his/her parental rights and the right to be a guardian or a curator, except the case when these rights have been prohibited expressly for the convict by court decision.

(4) For the duration of the suspension of the penalty of detention, the execution of accessory penalties shall also be suspended.

Chapter V

Regulations for the execution of penalties applied to legal  entities

Section 1

Regulations for execution of the penalty of the fine

Contents of the penalty of the fine

Art.80 – (1) The penalty of the fine consists of the sum of money that a legal entity is obliged to pay.

(2) When the law provides the penalty of detention for the offence committed by a natural person, the special minimum of the fine for legal persons shall be 25.000.000 lei, and the special maximum of the fine shall be 7.500.000.000 lei.

(3) When the law provides the penalty of imprisonment for the offence committed by a natural person, the special minimum of the fine for legal persons shall be 10.000.000 lei, and the special maximum of the fine shall be 5.000.000.000 lei.

Section 2

Regulations for execution of the penalty of dissolution of legal entities

Contents and execution of the penalty of dissolution of legal entities

Art.81 – (1) Dissolution of a legal entity can be pronounced when a legal entity has been founded in order to commit offences or when the object of its activity has been diverted for the commission of offences.

(2) Dissolution of a legal entity entails the opening of proceedings for liquidation, according to the law.

(3) The court shall designate the liquidator through the decision of dissolution of the legal entity.

(4) One copy of the enacting terms of judgment on dissolution shall be sent to the body that authorised the foundation of the legal entity and one to the body that registered the legal person, in order to take the necessary measures.

Section 3

Regulations for the execution of the penalty of suspension of the activity or of one of the activities of legal entities

Contents and execution of the penalty of suspension of the activity or of one of the activities of legal entities

Art.82 –(1) Suspension of the activity or of one of the activities of a legal person resides in the prohibition of the activity or of that particular activity from among the activities of the legal entity in the exercise of which the offence was committed.

(2) Suspension of the activity or of one of the activities of a legal person can be applied for a duration of one to 3 years.

(3) One copy of the enacting terms of judgment on suspension shall be sent to the body that authorised the foundation of the legal entity and one to the body that registered the legal person, in order to take the necessary measures.

Section 4

Common provisions for dissolution of legal entities and suspension of the activity or of one of the activities of a legal person

Contents of common provisions

Art.83 –(1) Dissolution and suspension cannot be applied to political parties, syndicates, employers’ associations, religious cults or organisations of citizens belonging to national minorities, founded according to the law.

(2) Dissolution cannot be applied to legal entities carrying out activity in the media.

(3) Activity in the media cannot be suspended.

Section 5

Regulations for the execution of the penalty of prohibition to partake in public acquisitions proceedings

Contents and execution of the penalty of prohibition to partake in public acquisitions proceedings

Art.84 –(1) Prohibition to partake in public acquisitions proceedings resides in the prohibition to partake, either directly or indirectly, in proceedings for the assignment of public acquisitions contracts, provided in the law for a duration of one to 5 years.

(2) A copy of the enacting terms of judgment by which the penalty in para.(1) was applied shall be sent immediately to each of the following:

a) the office of the Trade Register attached to the tribunal, in order to operate the formalities for publication in the Trade Register;

b) the Ministry of Justice, in order to operate the formalities for publication in the national register of legal entities with no property-related purposes;

c) other authorities keeping records of legal entities, in order to operate the formalities for publication.

Section 6

Regulations for executing the penalty of prohibiting access to certain financial resources

Contents and execution of the penalty of prohibiting access to certain financial resources

Art.85 –(1) Prohibition of access to certain financial resources resides in the prohibition to obtain funds by placement of securities or to obtain funds from credit institutions or financial institutions, for a duration of one to 5 years.

(2) A copy of the enacting terms of the judgment of prohibition shall be sent to the National Bank of Romania, to the National Movable Assets Commission and to the Commission for Insurance Supervision.

Section 7

Regulations for the execution of the penalty of displaying or disseminating the decision of conviction

Contents and execution of the penalty of displaying or disseminating the decision of conviction

Art.86 – (1)Display of the decision of conviction or its dissemination in the Official Gazette of Romania or in the media shall be done at the expense of the legal entity convicted. Expenses for display or dissemination cannot exceed the quantum of the penalty of the fine applied to legal entities.

(2) The court can ordain the display or dissemination of the conviction decision to be made in full or in excerpt.

(3) Display or dissemination of the decision of conviction shall not reveal the victim’s identity or that of his/her/its legal representative, without their consent.

(4) Display of the decision of conviction shall be done in the place and for the duration established by the court, while not exceeding 2 months.

(5) Dissemination of the conviction decision shall be done by publication in the Official Gazette of Romania, Part IV, in one or more newspapers or through one or more audiovisual communication services, as established by the court.

Chapter VI

Personalisation of penalties

Section 1

General provisions

General rules for penalty personalisation

Art.87 – (1) When establishing and applying penalties for natural persons, one shall take into account the provisions of the general part of this code, the penalty limits set forth by the special part, the seriousness of the act committed, the person of the perpetrator and the mitigating or aggravating circumstances.

(2) When, for the offence committed, the law provides alternative penalties, one shall take into account para.(1), both in choosing one of the alternative penalties, as well as in setting its proportional size.

(3) Penalties increased because of aggravating causes shall be executed in the treatment appropriate for the penalty provided in the law for the offence committed.

(4) When establishing and applying penalties for legal persons, one shall take into account the provisions of the general part of this code, the penalty limits set forth for natural persons by the special part, the seriousness of the act committed and the mitigating or aggravating circumstances.

(5) Aggravating and mitigating causes for the penalty, accepted by the court, must be motivated in the decision.

Section 2

Legal and judicial aggravating and mitigating circumstances

Legal mitigating circumstances

Art.88 – The following situations shall be legal mitigating circumstances:

a) commission of the offence during powerful confusion or emotion, determined by a challenge of the person injured, caused either by violence, by a serious infringement of the person’s dignity or by other serious illicit actions;

b) exceeding the limits of legitimate defense or state of necessity;

c) commission of the act with a motive or a purpose that emphasizes the low degree of danger represented by the person of the perpetrator;

d) if by a minimum infringement of one of the values defended by the law and by its concrete contents the act has a low degree of seriousness.

Legal aggravating circumstances

Art.89 – The following situations shall be legal aggravating circumstances:

a) commission of the act by two or more persons together;

b) commission of the offence by methods or means that represent a public danger;

c) commission of the offence by an adult perpetrator, if it was committed together with a minor;

d) commission of the offence for ignoble reasons;

e) commission of the offence by a person who took advantage of the situation caused by calamity;

f) commission of the offence against a person who is unable to defend him/herself or to express his/her will, against a minor under the age of 15 or against family members;

g) commission of the offence in order to elude prosecution, arrest or execution of the penalty for oneself or for another;

h) commission of the offence in order to facilitate or conceal the commission of an offence.

Judicial mitigating circumstances

Art.90 – (1) The following situations can be judicial mitigating circumstances:

a) the perpetrator’s good conduct prior to committing the offence;

b)consistence of the perpetrator in removing the result of the offence or repairing the damage caused;

c) the perpetrator’s attitude after commission of the offence, emerging from his/her presentation before authorities, honest behaviour during the trial, facilitation of discovery or arrest of the participants.

(2) The circumstances enumerated in the present Article are examples.

Judicial aggravating circumstances

Art.91 – Any situation other than those enumerated in Art.89 that gives the act a serious nature can be an aggravating circumstance.

Effects of mitigating circumstances

Art.92 – (1) In case of mitigating circumstances the main penalty for natural persons shall be amended as follows:

a) when, for the offence committed, the law provides life detention, severe detention shall be applied;

b) when, for the offence committed, the law provides severe detention, strict imprisonment shall be applied;

c) when, for the offence committed, the law provides strict imprisonment, the penalty of imprisonment or that of community service or the fine in the form of days/fine shall be applied;

d) when, for the offence committed, the law provides imprisonment, community service or fine in the form of days/fine shall be applied;

e) when, for the offence committed, the law provides only the fine in the form of days/fine, the penalty from 5 to 20 days shall be applied.

(2) When there are mitigating circumstances, the complementary penalty of deprivation of rights, provided in the law for the offence committed, can be removed, and in the case of legal persons the complementary penalty of dissolution or suspension of the activity or of one of the activities of the legal entity cannot be applied.

(3) Lowering the penalty under the legal limits is compulsory for legal mitigating circumstances and optional in the other cases.

Effects of aggravating circumstances

Art.93 – (1) In case of aggravating circumstances, for natural persons a penalty that can be increased by 5 years can be applied, within the limits of the immediately superior penalty, if the law does not provide otherwise.

(2) In case of application of the fine in the form of days/fine, an increase of no more than a third of the special maximum may be applied while not exceeding the general maximum.

(3) When there are aggravating circumstances, for legal entities the penalty of the fine shall be applied up to the special maximum in Art.80 para.(2) or (3), which may be increased by one third.

Concurrence between aggravating and mitigating circumstances

Art.94 – (1) In case of concurrence of aggravating and mitigating circumstances, the court shall apply Art.92 or 93, depending on whether the mitigating or the aggravating circumstances are dominant. When mitigating circumstances are dominant, the aggravating circumstances shall be ignored, and if aggravating circumstances are dominant, the mitigating circumstances shall be ignored.

(2) In case of equivalence of these circumstances, a penalty shall be applied ignoring the aggravating or mitigating circumstances.

Section 3

Conditional suspension of the execution of the penalty applied to natural persons

Conditions for applying the conditional suspension

Art.95 – (1) The court can ordain the conditional suspension of penalty execution for a certain duration, if the following conditions are met:

a) the penalty applied for a delict is imprisonment of no more than 5 years or fine;

b) the perpetrator has not been previously convicted to a penalty of detention, except for cases when the conviction falls within the provisions of Art.53;

c) it is deemed that the purpose of the penalty can be attained even without its execution.

(2) Conditional suspension of penalty execution can be granted also for concurrence of offences, if the penalty applied is imprisonment of no more than 3 yearsand the conditions of para.(1) b) and c) are met.

(3) Conditional suspension of penalty execution does not entail the suspension of security measures and of civil obligations provided in the decision of conviction.

(4) Conditional suspension of penalty execution must be motivated.

Trial period

Art.96 – (1) The length of conditional suspension of penalty execution shall be a trial period for the convict and is made up of the quantum of the penalty of imprisonment applied, to which 2 years are added.

(2) If the penalty suspended consists of days/fine, the trial period shall be one year.

(3) The trial period shall be calculated from the date when the decision on suspension remained final.

Revocation in case of commission of an offence

Art.97– (1) If during the trial period the convict has committed a new offence, form which a final conviction has been handed down even after the expiry of this period, the court shall revoke conditional suspension, ordaining the full execution of the penalty.

(2) Revocation of conditional suspension shall not take place if the offence committed afterwards was discovered after expiry of the trial period.

(3) Should the ulterior offence have been committed in negligence, the conditional suspension can be applied again. In this case, revocation of the first suspension no longer takes place.

Revocation in case of failure to execute civil obligations

Art.98 – If by expiry of the trial period the convict has not fulfilled the civil obligations established in the convictional decision, the court can ordain revocation of suspension, except in cases when the convict proves that he/she was unable to fulfil those obligations.

Cancellation of suspension for offences committed previously

Art.99– (1) If it is discovered that the convict has committed an offence before the pronunciation of the decision ordaining suspension or by the time it stayed final, for which a penalty of detention was applied even after expiry of the trial period, conditional suspension shall be canceled, applying, according to case, the provisions on concurrence of offences or relapse.

(2) Cancellation of suspension shall not take place if the offence that could have incurred the cancellation was discovered after expiry of the trial period.

(3) In the cases provided in para.(1), if the penalty  emerging from the application of concurrence of offences or relapse does not exceed 3 years, the court can apply Art.95.

(4) When conditional suspension is ordained, the trial period shall be calculated from the date when the decision that previously pronounced the suspension remained final.

Rehabilitation in case of conditional suspension of penalty execution

Art.100 – The convict shall be rehabilitated de jure, if he/she has not committed a new crime during the trial period and the revocation has not been ordained according to Art.97 or Art.98.

Section 4

Supervised suspension of penalty execution applied to natural persons

Conditions for application of supervised suspension of penalty execution

Art.101– (1) The court can ordain the supervised suspension of penalty execution, if the following conditions are met:

a) the penalty applied for the delict is imprisonment of no more than 7 years;

b) the perpetrator has not been previously convicted to a penalty of detention or strict imprisonment or has been convicted to imprisonment of up to 2 years, except for cases when the conviction falls within the provisions of Art.53;

c) it is deemed that, judging by the convict’s person and behaviour after commission of the act, that the pronunciation of the conviction is a warning for him/her and, even without execution of the penalty, the convict will no longer commit offences.

(2) Supervised suspension of execution can be granted also for concurrence of offences, if the penalty applied is imprisonment of no more than 5 years and the conditions in para.(1) b) and c) are met.

(3) Supervised suspension does not entail the suspension of security measures and of civil obligations provided in the decision of conviction.

(4) Supervised suspension of penalty execution must be motivated.

Trial period

Art.102– (1) The trial period for supervised suspension is made up of the quantum of the penalty of imprisonment applied, to which 2 to 5 years are added, as decided by the court.

(2) Art.96 para.(3) shall apply accordingly.

Supervision measures and obligations of the convict

Art.103– (1) During the trial period, the convict must submit to the following supervision measures:

a) to present him/herself, at fixed intervals, before the judge designated to supervise him/her, before the service of social reinsertion and supervision or before other bodies established by the court;

b) to notify, beforehand, any change of domicile, residence or habitation and any departure for more than 8 days, as well as return;

c) to notify and justify changing the workplace;

d) to provide information for the control of his/her means of subsistence.

(2) The information in para.(1) b), c) and d) shall be notified to persons or bodies established in para.(1) a).

(3) The court can demand the convict to observe one or more of the following obligations:

a) to carry out an activity or to attend a course of education or qualification;

b) not to change domicile or residence or not to exceed the territorial limit established, except in the conditions established by the court;

c) not to frequent certain places established;

d) not to come into contact with certain persons;

e) not to drive a vehicle or certain vehicles;

f) to submit to measures of control, treatment or care, in particular for rehabilitation.

(4) Supervision of execution of the obligations established by the court according to para.(3) a)-f) shall be done by the bodies provided in para.(1) a) and the same bodies shall notify the court in case of failure to fulfil the obligations, so that measures be taken according to Art.104 para.(2).

Revocation of supervised suspension of execution of penalty

Art.104 – (1) Art.97 and Art.98 shall apply accordingly also for supervised suspension.

(2) Should the convict not comply with the measures of supervision provided in the law or with the obligations established by the court, it can revoke the supervised suspension ordaining the full execution of the penalty, or prolong the trial period by up to 3 years.

Cancellation of supervised suspension of execution

Art.105 – (1) Art.99 para.(1) and (2) shall apply accordingly also for supervised suspension

(2) In cases provided in Art.99 para.(1), if the penalty emerging from the application of concurrence of offences or relapse does not exceed 5 years, the court can apply Art.101.

(3) (4) When supervised suspension is ordained, the trial period shall be calculated from the date when the decision that previously pronounced the conditional suspension remained final.

Rehabilitation in case of supervised suspension of penalty execution

Art.106– The convict shall be rehabilitated de jure, if he/she has not committed a new crime during the trial period and the revocation has not been ordained according to Art.104.

Section 5

Supervised suspension of penalty execution with the convict’s obligation to perform community service

Supervised suspension of penalty execution with the convict’s obligation to perform community service

Art.107 – (1) In cases when the court ordains supervised suspension of penalty execution according to Art.101, it can establish the convict’s obligation to perform, during the trial period, a type of community service, for a duration of up to 300 hours, according to Art.70.

(2) Should the convict not carry out the community service or should he/she have inappropriate conduct during execution, by not fulfilling obligations or by fulfilling them in an inappropriate manner, the court can revoke the Supervised suspension of penalty execution and ordain execution of the penalty in full or the prolongation of the trial period by up to 3 years.

(3) Art.103-106 shall apply accordingly.

Section 6

Penalty non-application and postponement of application for natural persons

Penalty non-application

Art.108– For offences sanctioned with the penalty of imprisonment, the court may decide not to apply any penalty to a defendant with no criminal antecedents, who covered the damage caused and who showed clear signs of ability to correct his/her behaviour even without the application of the penalty.

Postponement of penalty application

Art.109 – (1) For offences for sanctioned by the law with imprisonment or strict imprisonment of up to 5 years, the court can, after establishment of the penalty, postpone its application, if the defendant has no criminal antecedents, has covered the damage caused or proves the possibility of covering it and is showing clear signs of ability to correct his/her behaviour even without the application of the penalty.

(2) In case the court postpones the application of the penalty, it shall appoint in the decision the date when it shall pronounce itself upon the penalty, which cannot exceed 2 years from the moment when the decision was uttered.

(3) The time interval between the moment of pronouncing the decision and the date appointed by the court according to para.(2) shall be a probation period for the defendant.

(4) During the probation period, the court can oblige the defendant to submit to measures of supervision and to observe one or more of the obligations in Art.103.

(5) If the defendant has had an appropriate conduct during the probation period, the court can decide not to apply any penalty, and if the defendant has had inappropriate conduct, the court can either postpone application once more for the same duration or apply the penalty provided in the law.

Section 7

Penalty calculation

Length of execution

Art.110 – (1) The length of execution for penalties of detention shall be established beginning with the day when the convict began execution of the final decision of conviction.

(2) The day when the penalty execution commences and the day it ceases shall be calculated as part of the length of execution.

(3) The time in which the convict, during penalty execution, is ill in a hospital, shall be considered a part of the length of execution, except for cases when the illness is deliberately self-inflicted, and this circumstance is found during the penalty execution.

Calculating detainment and preventive arrest

Art.111– (1) The time spent in detainment and preventive arrest shall be deducted from the duration of the penalty pronounced. Deduction shall be done also when the convict has been prosecuted or tried, at the same time or separately, for several concurrent offences, even if he/she was removed from prosecution, if the criminal prosecution has ended or he/she was acquitted or the criminal trial for the act that determined the detainment or preventive arrest has concluded.

(2) Deduction of detainment and preventive arrest shall be done also in case of conviction to days/fine, by wholly or partly removing the execution of days/fine.

Calculation of detention executed outside the country

Art.112 – For offences committed according to Art.11, 12 or 13, the part of the penalty, as well as the detainment or preventive arrest executed outside the country shall be deducted from the duration of the penalty applied for the same penalty by Romanian courts.

Title IV

Minority

Limits of criminal liability

Art.113 – (1) A minor under the age of 14 shall not be criminally liable.

(2) A minor aged from 14 to 16 shall be criminally liable, only if it is proven that he/she committed the act in discernment.

(3) A minor over the age of 16 shall be criminally liable within the framework of the system of sanctions applicable to minors.

Consequences of criminal liability

Art.114– (1) With regard to a minor who is criminally liable, one can take an educatory measure or can apply a penalty. In choosing the sanction, one shall take into account the seriousness of the act committed, the physical condition, the intellectual and moral development of the minor, his/her behaviour, the conditions in which he/she was raised and lived and any other elements likely to characterise the minor’s person.

(2) The penalty shall be applied to minors only if it is deemed that educatory measures would not be sufficient for correcting the minor’s behaviour.

Educatory measures

Art.115 – Educatory measures that can be taken with regard to minors shall be:

a) reprimand;

b) supervised freedom;

c) freedom under severe supervision;

d) admission into a re-education centre;

e) admission into a medical-educatory institute.

Reprimand

Art.116–  (1) The educatory measure of reprimand consists of scolding the minor, of showing him/her the degree of seriousness of the act committed, of advising the minor to behave in such a way as to show correction, while at the same time warning him/her than if he/she commits a new offence, a more severe measure shall be taken or a penalty shall be applied in his/her case.

(2) The measure of reprimand cannot be taken if the minor has come of age until the time of judgment. In this case instead of the educatory measure of reprimand the fine shall be ordained, in the form of days/fine from 5 to 10 days, each day being calculated from 50.000 to 100.000 lei or community service from 25 to 50 hours.

Supervised freedom

Art.117– (1) The educatory measure of supervised freedom consists of giving freedom to the minor for one year under supervision from the minor’s parents, from the person who adopted him/her or from the legal guardian. If they are unable to ensure satisfactory supervision, the court shall ordain the minor’s entrustment, for that period, to a trustworthy person, preferably a close relative, upon request from the latter.

(2) The court shall warn the person entrusted with supervision, that he/she has the duty to watch closely over the minor, in order to correct his/her behaviour. Also, he/she shall be warned that he/she is obliged to notify the court at once, should the minor elude supervision or commit a new offence.

(3) The court can demand that the minor observes one of the following obligations:

a) not to frequent certain places established;

b) not to come into contact with certain persons and, if he/she has been contacted by them, to announce it at once;

c) to attend scholastic courses in the general compulsory education;

d) to carry out an unremunerated activity in an institution of public interest decided by the court, from 50 to 100 hours, for no more than 3 hours per day, after school, and during holidays.

(4) The court shall warn the minor on the consequences of his/her behaviour.

(5) After taking the measure of supervised freedom, the court shall notify the school where the minor attended or the unit where he/she is hired and, the case being, the institution where he/she is carrying out the activity decided by the court.

(6) If during the time provided in para.(1) the minor eludes supervision or commits an offence, the court shall revoke supervised freedom and take with regard to the minor either the measure of freedom under severe supervision or the measure of admission into a re-education centre or apply a penalty.

(7) If the minor has come of age at the judgment date, instead of the educatory measure of supervised freedom, the fine in the form of days/fine shall be ordained, from 10 to 20 days, each day amounting from 50.000 to 200.000 lei or community service from 50 to 150 hours.

(8) The duration in para.(1) shall begin to flow at the date when execution of supervised freedom commences.

Freedom under severe supervision

Art.118 – (1) The educatory measure of freedom under severe supervision consists of giving freedom to the minor for one year to 3 years under supervision from an institution legally charged with supervising minors from the services for social reinsertion and supervision.

(2) Supervision can consist of including the minor in social reinsertion programs, as well as in granting him/her assistance and counselling. For the duration of severe supervision, the court can demand that the minor observes one or more of the obligations in Art.117 para.(3).

(3) Art.117 para.(2),(4) – (6) and (8) shall apply accordingly.

(4) If the minor has come of age at the judgment date, instead of the educatory measure of freedom under severe supervision, the fine in the form of days/fine shall be ordained, from 15 to 30 days, each day amounting from 50.000 to 300.000 lei or community service from 100 to 200 hours.

Admission into a re-education centre

Art.119 – (1) The educatory measure of admission into a re-education centre shall be ordained with regard to minors who, in relation to the seriousness of the act committed and with needs for re-education has the possibility of correcting even without a penalty being applied. During admission the minor shall be provided with the possibility of acquiring the necessary education and professional training according to his/her abilities.

(2) The measure shall be taken for an indeterminate period, nevertheless it can only last until the minor reaches the age of 18. Exceptionally, the educatory measure can last until the minor reaches the age of 20, if the minor has committed the act at an age close to that of 18 or if the seriousness of the act committed, the minor’s needs for re-education and the need to ensure continuity for the process of training the minor justify this.

(3) If during admission into a re-education centre the minor commits a new offence for which the court deems that a penalty of detention needs to be applied, it shall revoke admission and apply the penalty. If the court does not deem it necessary to apply the penalty, the measure of admission shall be maintained.

(4) If it is discovered, after pronunciation of a decision ordaining the minor’s admission into a re-education centre, that the minor had committed a concurrent offence for which the court deems that a penalty of detention needs to be applied, it shall revoke admission and apply the penalty. If the court does not deem it necessary to apply the penalty, the measure of admission shall be maintained.

(5) If it is discovered, after pronunciation of a decision ordaining the minor’s admission into a re-education centre, that the minor had been subject to a conviction to penalty of detention for a concurrent offence, admission into a re-education centre shall be revoked.

(6) If the minor has come of age at the judgment date, one can ordain admission into a re-education centre until the age of 20 or the replacement of the educatory measure with the fine in the form of days/fine from 20 to 50 days, each day equaling from 50.000 to 350.000 lei or community service from 100 to 300 hours.

Admission into a medical-educatory institute

Art.120– (1) The measure of admission into a medical-educatory institute shall be taken for minors who, because of their physical or mental condition, need medical treatment and a special treatment for education.

(2) The measure shall be taken for an indeterminate period, nevertheless it can only last until the minor reaches the age of 18.

(3) The measure can be removed also before reaching the age of 18, if the cause that called for it has disappeared. When ordaining the removal of the measure, the court can take the measure of admission into a re-education centre.

(4) Art.119 para.(3) shall apply accordingly.

(5) If the minor has come of age at the judgment date, one can ordain admission into a medical-educatory institute until the age of 20 or the replacement of the educatory measure with obligation to medical treatment and the fine in the form of days/fine from 10 to 20 days, each day equalling from 50.000 to 200.000 lei or community service from 50 to 150 hours.

Release of the minor before coming of age

Art.121 – (1) If at least a year has passed from the date of admission into a re-education centre and the minor has shown clear signs of improvement and correction, one can ordain his/her release before his/her coming of age.

(2) The one who become major during trial and the court has ordered admission in a re-education centre up to the age of 20 years may be released on parole after the execution of at least 1 year of this measure, if he proved he improved his behaviour.

Revocation of the minor’s release

Art.122– (1) If during release granted according to Art.121, the minor commits a new offence for which the law provides the penalty of imprisonment, the court can, taking into account the degree of seriousness, ordain either maintenance of the release, or its revocation and the application of a penalty. In case the application of a penalty is not necessary, only the release shall be revoked.

(2) If during release the minor commits a new offence for which the law provides the penalty of strict imprisonment, of severe detention or of life detention, the court shall revoke the release and apply a penalty. In case the application of a penalty is not necessary, only the release shall be revoked

Penalties for minors

Art.123– (1) Penalties applicable to minors shall be the following:

a) strict imprisonment from 5 to 15 years, when the law provides the penalty of life detention for the offence committed;

b) strict imprisonment from 3 to 12 years, when the law provides the penalty of severe detention for the offence committed;

c) strict imprisonment within the limits provided in the law for the offence committed reduced by half, when the law provides the penalty of strict imprisonment, while the minimum of strict imprisonment applicable to the minor shall not exceed 3 years;

d) imprisonment within the limits provided in the law for the offence committed reduced by half, when the law provides the penalty of imprisonment for the offence committed;

e) fine in the form of days/fine, from 5 to 180 days, each day equalling 50.000 to 500.000 lei;

f) community service, from 50 to 250 hours.

(2) Penalties applied to minors shall be executed according to the treatments established in the law on penalty execution.

(3) No complementary penalties shall apply to minors.

(4) Convictions uttered for acts committed during minority shall not incur any incapacity or loss.

Conditional suspension of execution of the penalty applied to minors

Art.124 – (1) In case of conditional suspension of execution of the penalty applied to minors, the trial period shall consist of the length of the penalty of imprisonment to which 6 months to 2 years are added, as the court ordains. If the penalty applied resides in fine, the trial period is 6 months.

(2) During the trial period, but only until reaching the age of 18, the court can ordain the entrustment of the minor to the supervision of a person of those in Art.117 or to an institution legally charged with supervising minors or to a social reinsertion and supervision service, according to Art.118. The court can also establish for the minor one or more of the obligations in Art.117para.(3), and after reaching the age of 18, the court can demand that the minor observes the supervision measures or the obligations in Art.103 and107.

(3) Art.95 para.(3), Art. 96 para.(3), Art. 97 and Art. 98shall apply accordingly.

(4) Should the minor elude the fulfilment of obligations in Art.117 para.(3), Art.103 and Art.107 this can incur revocation of the conditional suspension according to Art.104 para.(2) and Art.107 para.(2).

(5) In case of failure to comply with the measures of supervision or with the obligations set forth by the court, according to Art.103, Art.104para.(2) shall apply accordingly.

Supervised suspension of penalty execution applied to minors

Art.125 – (1) For supervised suspension of penalty applied to minors, the trial period shall consist of the length of the penalty of imprisonment to which one to 3 years are added, as the court ordains.

(2) For the duration of the trial period, the court can ordain the taking of any of the measures in Art.124 para.(2).

Non-application of penalty to minors

Art.126 – For offences sanctioned with the penalty of imprisonment or strict imprisonment of up to 2 years, the court may decide not to apply any penalty to a minor with no criminal antecedents, who covered the damage caused and who showed clear signs of ability to correct his/her behaviour even without the application of the penalty.

Postponement of application for penalties applied to minors

Art.127 – (1) For offences for sanctioned by the law with imprisonment or strict imprisonment of up to 5 years, the court can, after establishment of the penalty, postpone its application, if the minor has no criminal antecedents, has covered the damage caused or proves the possibility of covering it and is showing clear signs of ability to correct his/her behaviour even without the application of the penalty.

(2) In case the court postpones the application of the penalty, it shall appoint in the decision the date when it shall pronounce itself upon the penalty, which cannot exceed 2 years from the moment when the decision was uttered.

(3) The time interval between the moment of pronouncing the decision and the date appointed by the court according to para.(2) shall be a probation period for the minor.

(4) During the probation period, but only until reaching the age of 18, the court can ordain the entrustment of the minor to the supervision of a person of those in Art.117 or to an institution legally charged with supervising minors or to a social reinsertion and supervision service. The court can also establish for the minor one or more of the obligations in Art.117 para.(3).

(5) If the minor has had an appropriate conduct during the probation period, the court can decide not to apply any penalty, and if the minor has had inappropriate conduct, the court can either postpone application once more for the same duration or apply the penalty provided in the law.

Title V

Security measures

Chapter I

General provisions

Purpose of security measures

Art.128– (1) Security measures are aimed at overcoming a state of danger and preventing the commission of acts provided in criminal law.

(2) Security measures are taken with regard to persons who committed acts provided in criminal law.

(3) Security measures can be taken even if no penalty was applied to the perpetrator, except for the measure in Art.129d) and e).

Types of security measures

Art.129 – Security measures are:

a) obligation to undergo medical treatment;

b) admission into a medical facility;

c) prohibition to hold a certain office or to exercise a certain profession, a trade or another activity;

d) prohibition to be in certain towns or cities;

e) prohibition to return to the family home for a determinate period;

f) expulsion of foreigners;

g) special confiscation.

Chapter II

Regulations for security measures

Obligation to undergo medical treatment

Art.130 – (1) If the perpetrator, because of illness or chronic intoxication by alcohol, drugs or other such substances, represents a danger to society, he/she can be obliged to regularly attend medical treatment until he/she regains health.

(2) When the person with regard to whom this measure was ordained does not regularly attend treatment, hospitalisation can be ordained.

(3) If the person obliged to undergo treatment is sentenced to a penalty of detention, treatment shall be undergone during penalty execution also.

(4) The measure of obligation to undergo medical treatment can be taken provisionally also during criminal prosecution or trial.

Admission into a medical facility

Art.131– (1) When the perpetrator is mentally ill or a drug addict and he/she is in a state that represents danger to society, the measure of admission into a specialised medical institute can be taken, until the person regains health.

(2) This measure can be taken provisionally also during criminal prosecution or trial.

(3) The person hospitalised who leaves the institute without leave shall be obliged with support from police bodies to return to the institute, if the law does not provide otherwise.

Prohibition of exercising an office or a profession

Art.132 – (1) When the perpetrator has committed the act because of incapacity, lack of training or other reasons that make him/her unfit to hold a certain office, or to exercise a certain profession, trade or another activity, one can take the measure of prohibition to hold that office or to exercise that profession, trade or activity.

(2) This measure can be revoked by request, after a period of at least one year, if it is found that the reasons that called for it have ceased to exist. A new request cannot be made except after at least one year from the date of rejection of the previous request.

(3) The measure of prohibition of an office or profession can be taken provisionally also in the course of criminal prosecution or trial.

(4) This measure cannot be taken in the case of persons exercising an elected term, having responsibilities in a syndicate or as an employer or working in the press.

Prohibition to be in certain towns or cities

Art.133 – (1) If the court finds that the presence of a person convicted to detention of at least one year in the place where he/she has committed the offence or in other places is a serious danger to society, it can ordain the prohibition for the convict to be in that place or in other places specified by the decision of conviction.

(2) This measure can be taken for up to 5 years and can be prolonged if the danger that justified it has not disapeared. Prolongation cannot exceed the length of the initial measure.

(3) The security measure can be revoked by request or ex officio, after at least one year, if the grounds that called for it have disappeared. A new request cannot be made except after at least one year from the date of rejection of the previous request.

Prohibition to return to the family home for a determinate period

Art.134 – (1) If the court finds that the presence in the family home of the person convicted to detention of at least one year for beating or any other kind of violence causing physical or mental suffering or for corporal injury or for sexual intercourse and for sexual corruption, committed against family members, represents a serious danger for the other family members, it can take, with regard to this person, the measure of prohibition to return to the family home, upon request from the injured party.

(2) This measure can be taken for up to 2 years and it can be prolonged if the danger that justified the measure has not disappeared. Prolongation cannot exceed the duration of the initial measure.

(3) The measure can be taken provisionally also during criminal prosecution or trial.

(4) The injured party can request revocation of the measure in para.(1) at any time.

Expulsion

Art.135 – (1) A foreign citizen who has committed an offence can be forbidden to stay on Romanian territory.

(2) If expulsion is accompanying the penalty of detention, the accomplishment of expulsion shall take place after execution of the penalty.

(3) Cessation of the expulsion shall be pronounced by the court.

(4) Persons provided in the present Article shall not be expelled if there is a real danger of being sentenced to death or subjected to torture, inhuman or degrading treatment in the State to which they would be expelled or if they are married to Romanian citizens, have domicile and family in Romania, and the marriage is prior to commission of the act.

Special confiscation

Art.136– (1) The following are subject to special confiscation:

a) goods produced by or that acquired a different judicial statute by commission of an offence;

b) goods that have served or that were destined to serve in the commission of an offence, if they belong to the perpetrator or if belonging to another person who was aware of their usage. This measure cannot be ordained for offences committed through the press;

c) goods given away to determine the commission of an offence or to remunerate the perpetrator;

d) goods acquired through commission of the offence, if they are not returned to the person injured and to the extent that they do not serve to compensate the latter’s losses;

e) goods possessed in violation of legal provisions.

(2) If the goods subject to confiscation cannot be found, their equivalent in money or the goods acquired in their stead shall be confiscated.

(3) The court can decide not to ordain confiscation of the goods, if they are part of the perpetrator’s subsistence, daily necessities or serve in the exercise of profession.

Title VI

Causes that remove criminal liability

Effects of amnesty

Art.137 – (1) Amnesty removes criminal liability for the act committed. If it occurs after conviction, it removes also the execution of the penalty, as well as the other consequences of the conviction. The fine paid before amnesty is not returned.

(2) Amnesty does not affect security measures, educatory measures and rights of the injured person.

Prescription of criminal liability

Art.138 – (1)Prescription removes criminal liability.

(2) Prescription does not remove criminal liability for offences against humankind.

Terms of prescription for criminal liability

Art.139 – (1)The terms of prescription for criminal liability are:

a) 25 years, when the law provides life detention for the offence committed;

b) 20 years, when the law provides severe detention for the offence committed;

c) 15 years, when the law provides strict imprisonment for more than 10 years for the offence committed;

d) 10 years, when the law provides strict imprisonment of more than 5 years for the offence committed, while not exceeding 10 years;

e) 5 years, when the law provides strict imprisonment of one to 5 years for the offence committed;

f) 3 years, when the law provides imprisonment, fine in the form of days/fine or community service for the offence committed.

(2) Para.(1) e) shall apply also for penalties provided in the law for legal persons.

(3) The terms provided in the present article shall be computed from the date of commission of the offence. For continuous offences, the term starts at the date of termination of the action or inaction, and for continued offences, at the date of commission of the last action or inaction.

Interruption in the course of prescription

Art.140–  (1) The course of the term of prescription in Art.139 shall be interrupted by the accomplishment of any act that, according to the law, must be notified to the accused or defendant in the course of the criminal trial.

(2) After each interruption a new term of prescription begins.

(3) Interruption in the course of prescription causes effects with regard to all participants in the offence, even if the act of interruption concerns only some of them.

(4) The terms in Art.139, if they have been exceeded by one more half, shall be deemed completed regardless of how many interruptions, except when there is a criminal trial pending for the act committed.

Suspension in the course of prescription

Art.141– (1) The course of the prescription term in Art.139 is suspended whilst a legal order or an unforeseeable or irremovable circumstance is hindering the initiation of criminal action or the continuation of the criminal trial.

(2) Prescription shall resume its course in the day when the cause for suspension ceases to exist.

Terms of limitation of criminal liability for minors

Art.142 – Terms of limitation of criminal liability shall be reduced by half for those who, at the date of offence commission, were minors.

Lack of prior complaint

Art.143 – (1) In case of crimes for which the initiation of the criminal action is conditioned by the filling of a prior complaint from the injured person, the lack of such a complaint removes the criminal responsibility.

(2) Also, withdrawal of prior complaint removes the criminal responsibility.

(3) An act that injured several persons entails criminal responsibility regardless of whether the prior complaint was made or is being maintained only by one of these injured persons.

(4) An act shall entail criminal liability of all participants in its commission, even if the prior complaint was filed or is being maintained only with regard to one of them.

(5) If the injured is a person who lacks exercise capacity or has a limited exercise capacity, the court initiates the criminal trial.

Reconciliation of parties

Art.144 – (1) Reconciliation of the parties in cases provided by the law removes the criminal responsibility and ends the civil action also.

(2) Reconciliation is personal and produces consequences only if it occurs until the decision remains final.

(3) For persons with no exercise capacity, reconciliation is performed only by their legal representatives. Persons who have limited exercise capacity can be reconciled with the approval of the persons provided in the law. Reconciliation produces consequences also if the criminal trial began at the court’s initiative.

Title VII

Causes that remove penalty execution

Effects of pardon

Art.145– (1) Pardon totally or partially cancels the execution of the penalty or commutes this penalty with a lighter one.

(2) Pardon does not affect complementary penalties, except if the court decides otherwise in the pardon act.

(3) Pardon does no affect security and educatory measures, except when it is ordained otherwise in the pardon act.

(4) Pardon has effect also upon penalties that are conditionally suspended. In such case, the part of the rehabilitation term that represents the duration of the penalty pronounced by the court will be reduced accordingly. If the suspension of the execution is revoked or annulled, it will be executed only the part of the penalty which has been not pardoned.

Limitation of penalty execution

Art.146 – (1) Limitation removes the execution of the main penalty.

(2) Limitation does not remove the execution of main penalties for crimes against humankind.

Terms of limitation for penalty execution

Art.147 – (1) The limitation terms for penalty execution are:

a) 20 years, when the penalty to be executed is life detention or severe detention;

b) 5 years, plus the length of the penalty of detention to be executed, but not exceeding 15 years, for penalties of imprisonment;

c) 3 years, for the penalty of fine in the form of days/fine and for community service.

(2) Para.(1) c) shall apply accordingly also for penalties applied to legal entities.

(3) The terms in para.(1) shall be calculated from the date when the conviction decision has remained final.

(4) In case of revocation of conditional suspension of penalty execution or of revocation of supervised suspension, the term of limitation shall start at the date when the decision of revocation remained final.

(5) Security measures are not subject to limitation.

Terms of limitation for penalty execution in case of minors

Art.148 – Terms of limitation for penalty execution shall be reduced by half for those who were minors at the date of offence commission.

Interruption in the course of limitation of penalty execution

Art.149 – (1) The course of the limitation term for penalty execution is interrupted by commencement of the penalty execution. Elusion from execution, after commencement of penalty execution, causes a new limitation term to begin from the date of elusion.

(2) The course of the limitation term shall be interrupted also by the commission of a new offence.

Suspension in the course of limitation for penalty execution

Art.150 – (1) The course of the limitation term for penalty execution is suspended in the cases and conditions provided in the Criminal Procedure Code.

(2) Limitation resumes its course the day when the cause for suspension ceases to exist.

Title VIII

Causes that remove the consequences of conviction

Rehabilitation de jure

Art.151 – (1) Rehabilitation de jure occurs in case of conviction to fine in the form of days/fine, to community service or to imprisonment, if during 3 years the convict has not committed any new offences.

(2) Art.155 shall apply accordingly.

(3) Rehabilitation de jure can be found also by the law court. In this direction, the court shall check the meeting of requirements in para.(1), and then utter a decision on the findings

Rehabilitation by the court

Art.152 – (1) A convict can be rehabilitated, by request, by the law court:

a) in case of conviction to strict imprisonment, after 5 years, to which half of the penalty pronounced is added;

b) in case of conviction to severe detention or life detention commuted or replaced with the penalty of severe detention, after 7 years, to which half of the penalty pronounced is added;

c) in case of conviction to life detention considered executed because of pardon, expiry of the limitation term of penalty execution or of expiry of the term provided in the law for parole, after 20 years.