Mesajı Okuyun
Old 04-03-2007, 18:54   #40
judge21

 
Varsayılan 47-48-49-50-51.maddeler

LIFE SENTENCE IN SOLITARY CONFINEMENT AND WITH NO POSSIBLITY OF PAROLE
Article 47 : ( 1) life sentence in solitary confinement and with no possiblity of parole goes on during the life of the convict, and applied according to strict security regime stated in laws and regulations.


LIFE IMPRISONMENT
Article 48 : ( 1) The life improsonment goes on during the life of the convict.

Periodical Imprisonment
Article 49 : ( 1) Periodical imprisonment, if not stated the contrary , can not be less than a month more than twenty years.

( 2) A year or less than a year imprisonment is short timed imprisonment.

Alternative Saanctions to the Short Timed Imprisonment
Article 50 : ( 1) Short timed imprisonment ; in accordance with the personality of the offender,social and economical conditions of the offender, the regret he feels during judgement and the properities of the commited crime :
a ) judical fine,
b ) completely removal of the damage to the victim or the public by the ways of
return of the same thing, bringing back to same situation before the crime or arrangement,
c ) with at least two years going on a education instution sheltering there if necessary with the aim of gaining a craft or an occuoation,
d ) in the time of the one time of the half the improsenment, prohibition to going to determined places and doing the determined activities,
f ) if commit a crime by abusing the rights and the authority or behaving against the necessary attention and care, in the time of the one time of the half the improsenment taking back the related the licences , banning from doing a certain craft or occuoation,
g ) in the time of the one time of the half the improsenment and on the condition that he becomes voluntary the imprisonment may chiange into having the victim work in an instution which he can be useful to the public.

2 ) In the definition of the crime; when imprisonment or judical fine can be applied if improsenment is decided on , it can not turn into judical fine.

3 ) On the condition that the guilty is not sentenced before; the sentecement of thirty days and less than thirty days if the gulty is not yet eighteen or already finished sixty-five age at the date he committed the crime , a year or less than a year imprisonment can be turned into the sanction stated in the first article.
4 ) Even if the guilty is sentenced to long timed improsenment because of a sinful crime, this improsenment ,with the other conditions, can be turned into judical fine in accordance with ( a ) paragraph of the first article.
5 ) In practice the actual sentence is the judical fine or the precatution decided on the these articles stated.
6 ) After the sentence is decided; though the report sent to general attornety of the republic if the alternative sanctions are not applied or not continued though started, the court ,decided the sentence, can carry out the short timed improsenment completely or partially and this judgement is applied soon. In this situation , the fifth article is not applied.
7 ) When the sentence can not be applied not because of the guilty, the precaution is changed by the court.



POSTPONING OF IMPRISONMENT

Article51-(1) If the committed crime is less than two years it can be postponed. The maximum limit of this period is, for the person when committing crime must be under eighteen years old or completed sixty-five years, can be postponed for 3 years. For the postpone decision the person,

a) Before he didn’t sentence for conscious crime imprisonment more than three months
b) After committing the crime, in the judging period the court must see compunction and agree on the person will not commit a crime again.
(2) The postpone of the sentence can be bound to; restoring of public and injured party. Until this condition materialized, the punishment sentences in executionassociations. If the condition is fulfilled, the sentenced is released directly by the decision of the judge from the execution institution


(3) The condemned whose imprisonment postponed superintendence for minimum one maximum three years. The minimum period can’t be less than punishment period


(4) In superintendence period;

a) The condemned that doesn’t have a job or art must go education.

b) The condemned that has a job or art, in the superintendence of a person he or she can work in a public or private organization

c) To attend an educational institution that lets convicts who are younger than 18,to make them gain an occupation or artidice and that provides them sheltering when necessary

Can be decided by court

(5) In superintendence period t court can appoint expert for guidance. This expert can advise thecondemned to give up bad habits and go on a good life. The specialist have a communication about the condemned with the person whom who is working with, and gives report to judge about the behaviors, social adaptation of the condemned in tree months time.

(6) The court can decide no obligations in the superintendence period and no expert according to the social role of the condemned

(7) If the condemned commits a conscious crime or not correspond the obligations despite the judges warning, the postponed superintendence period imprisonment can be sentences in executionassociations.

(8) If the superintendence period finished with no unusual event, the punishment seen as it is executed.