FIRST VOLUME
General Provisions
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.
National penalties - national proceedings
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