TCK
Turkish Penal Code (TCK): Definition, Scope, and Fundamental Principles
1. What is the Turkish Penal Code (TCK)?
The Turkish Penal Code (TCK) is the primary law in Turkey that defines criminal offenses, prescribes penalties for these offenses, and regulates security measures.
TCK was enacted in 2004 as Law No. 5237 and was designed in accordance with modern criminal law principles.
This law plays a crucial role in determining crimes, regulating penalties, and ensuring the proper functioning of the criminal justice system.
2. Scope of the Turkish Penal Code
TCK is divided into two main sections: general provisions and special provisions.
| Section | Content |
|---|---|
| General Provisions (Articles 1-75) | Defines crime and punishment concepts, elements of a crime, criminal liability, and aggravating and mitigating factors. |
| Special Provisions (Articles 76-345) | Lists specific types of crimes and their corresponding penalties. |
For example, while premeditated murder is listed in the special provisions, the rules regarding how it is judged and the liability of the offender are covered in the general provisions.
3. Fundamental Principles of the Turkish Penal Code
The TCK is built on several fundamental principles that align with international legal norms and human rights.
| Principle | Explanation |
|---|---|
| No Crime and No Punishment Without Law (Article 2) | An act can only be considered a crime if it is explicitly defined by law. |
| Principle of Fault in Crime and Punishment | A person can only be held criminally responsible if they are at fault. |
| Principle of Unlawfulness | An act must be unlawful to be considered a crime. |
| Personal Criminal Responsibility | No one can be punished for a crime committed by someone else. |
| Application of the Most Favorable Law (Article 7) | If the law changes after a crime is committed, the more favorable law applies to the defendant. |
For example, if a person is charged with a crime and the law changes to impose a lesser penalty, the defendant benefits from the more lenient law.
4. Types of Crimes in the Turkish Penal Code
The TCK classifies crimes based on different criteria.
| Type of Crime | Explanation |
|---|---|
| Crimes Against Individuals | Crimes such as homicide, assault, threats, and sexual offenses. |
| Crimes Against Property | Crimes such as theft, fraud, and property damage. |
| Crimes Against Society | Crimes such as environmental offenses and drug trafficking. |
| Crimes Against the State | Crimes such as espionage and offenses against constitutional order. |
For example, while premeditated murder is classified as a crime against individuals, forgery and bribery are considered crimes against public security.
5. Penalties and Security Measures in the Turkish Penal Code
The TCK regulates the penalties imposed on offenders as well as additional security measures.
A. Main Types of Penalties
- Imprisonment: Short-term, long-term, or life imprisonment may be applied.
- Judicial Fine: A monetary penalty imposed by the court.
B. Security Measures
- Revocation of driver’s license or firearm permit
- Supervised release (probation)
- Institutionalization in a mental health facility for mentally ill offenders
For example, a person convicted of drug trafficking may receive a prison sentence, while their driver's license may also be revoked as a security measure.
6. Relationship Between the Turkish Penal Code and Criminal Procedure
The TCK sets the framework for criminal prosecution, but the procedures for conducting criminal trials are regulated by the Criminal Procedure Code (CMK).
| Branch of Law | Explanation |
|---|---|
| Turkish Penal Code (TCK) | Defines crimes and penalties. |
| Criminal Procedure Code (CMK) | Regulates how criminal trials are conducted. |
| Penal Execution Law | Governs how sentences are carried out. |
For example, if a person commits theft, the TCK defines the crime and its penalty, while the CMK regulates how the case is investigated and prosecuted.
Conclusion
The Turkish Penal Code (TCK) is the most important legal regulation that determines criminal offenses and their corresponding penalties in Turkey.
- General provisions regulate crime and punishment concepts.
- Special provisions list specific crimes and penalties.
- The criminal prosecution process is governed by the Criminal Procedure Code (CMK).
TCK aims to ensure a fair legal system that protects individuals and society while upholding justice
