FIFTIETH ANNIVERSARY OF THE TURKISH CRIMINAL CODE AND PROBLEMS IN DEVELOPMENT OF MODERN CRIMINAL POLICY (FROM ARCHIVES DE POLITIQUE CRIMINELLE, V 2, 1977)

• NCJ Number: 60179
• Author(s): S DONMEZER
• Date Published: 1977
• Length: 16 pages
• Corporate Author: Editions A Pedone
• Publication Format: Document
• Language: French
• Country: France
• Note: CONFERENCE GIVEN AT THE SECTION DE SCIENCE CRIMINELLE DE L'INSTITUT DE DROIT COMPARE, PARIS, FRANCE, MAY 28, 1976

Annotation

THE POLITICAL EVOLUTION OF TURKEY FROM 1926 TO 1976 AND THE DEVELOPMENT OF THE TURKISH PENAL CODE IN THE SAME PERIOD ARE TRACED.

Abstract

AFTER A LONG PERIOD OF REVOLUTION, A DEMOCRATIC REGIME WAS ESTABLISHED IN 1946, BUT OVERTHROWN IN 1960 BY A GROUP OF ARMY OFFICERS. SINCE THAT TIME THE COUNTRY HAS BEEN CHARACTERIZED BY SOME POLITICAL STABILITY, URBANIZATION, INDUSTRIALIZATION, AND PROBLEMS IN ADJUSTING CUSTOMS OF THE PAST. TWO UNSUCCESSFUL ATTEMPTS (1940 AND 1958) HAVE BEEN MADE TO REVISE THE 1926 TURKISH PENAL CODE, WHICH IS MODELED ON THE ITALIAN CODE OF 1889. THE TURKISH CODE, WHICH IS BASED ON LIBERAL, INDIVIDUALISTIC IDEAS, DOES NOT CONFORM TO DOMINANT ATTITUDES IN TURKISH SOCIETY TODAY; FOR EXAMPLE, THE PROHIBITION ON USE OF POPULAR RELIGIOUS BELIEFS FOR POLITICAL PROPAGANDA, ORIGINALLY CONSIDERED SEPARATION OF CHURCH AND STATE, CAN BE CONSTRUED IN SUCH NARROW TERMS THAT SERMONS IN MOSQUES ARE PUNISHABLE AND THE LAW BECOMES AN INSTRUMENT TO SUPPRESS CERTAIN IDEAS. CHANGES WERE MADE IN THE CODE IN 1971 TO CURB GROWING TERRORIST ACTIVITIES, I.E., CRIMINALIZATION OF TAKING CONTROL OF PUBLIC BUILDINGS OR INTERFERING WITH TRANSPORTATION. OTHER CHANGES HAVE BEEN INTENDED NOT ONLY TO COMBAT CRIMES AGAINST THE STATE BUT TO REGULATE ECONOMIC ACTIVITIES AND THE VALUE OF TURKISH CURRENCY, AND TO MAKE PORNOGRAPHY AND DRUG LAWS MORE STRINGENT. VIRTUALLY NO DECRIMINALIZATION HAS OCCURRED SINCE 1926. ALTHOUGH SANCTIONS TEND TO BE SEVERE AND JUDGES' DISCRETIONARY POWERS GREAT, THE EFFECTIVENESS OF THE SYSTEM CANNOT BE ASSESSED BECAUSE THE SENTENCES ARE RARELY EXECUTED COMPLETELY. IN 1965, PARTLY BECAUSE OF OVERCROWDING AND EXPENSE, PENITENTIARY REFORM INTRODUCED REEDUCATION MEASURES AND ALTERNATIVES TO INSTITUTIONALIZATION (E.G., FINES, INDEMNIFICATION OF VICTIMS) FOR SHORT PRISON TERMS, ELIMINATED THE PRELIMINARY ISOLATION PERIOD FOR OFFENDERS, AND EXPANDED JUDGES' POWERS TO SUSPEND SENTENCES. AS A CONSEQUENCE, THE PRISON POPULATION HAS BEEN REDUCED. NEW OPEN INSTITUTIONS FOR LONG-TERM PRISONERS HAVE HAD ENCOURAGING RESULTS. THE DEATH PENALTY, A LONG TRADITION IN TURKEY, HAS NOT BEEN ABOLISHED. TURKISH PENAL LAW DEFINES THE RIGHTS OF THE CRIMINAL RATHER THAN THOSE OF VICTIMS, BUT RESTITUTION MEASURES ARE UNDER CONSIDERATION. --IN FRENCH. (KMD)