'Protective jurisdiction' in document 'Turkey - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST VOLUME
General Provisions

FIRST CHAPTER
Basic Principles, Definitions and Field Of Application

SECOND SECTION Field Of Application
In Respect of Time

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.

FIRST VOLUME
General Provisions

FIRST CHAPTER
Basic Principles, Definitions and Field Of Application

SECOND SECTION Field Of Application
In Respect of Time

Offences Committed By the Foreigners

ARTICLE 12-(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.