I’m an austrian stagere at court, so I will be judge in about one year.
While time of a stagere is two years in turkey, it’s four years in Austria. At
the beginning of october a group of 60 stageres visited istanbul and
visited some courts, the baro of lawyers and the upper prosecutor.
Actually, I’m writing an article concerning the turkish legal and judiciary
system for our magazine and some questions have raised after coming
home to austria.
Gladly, I found the Türk Hukuk Sitesi – english forum. Maybe, some of you
can help me with the following questions.

a) In 1999, there was pronounced a reform of the familiy-concerning rules
in the civil code. Was it passed by the TGNA and what was the content?

b) Is the turkish penal code and/or the turkish code criminal procedure
available in english oder german?

c) For comparing the turkish penal system with the austrian, I’d like to
know the threat of penalty for some criminal acts. I’ve written down the
austrian threats besides.
ca) Negligent Killing of one person during an accident in traffic; there are
no reasons for aggravation or mitigation of the punishment.
caa) The accused driver has drunk a lot of alcohol before the accident,
(in Austria: up to 3 years of imprisonment, no minimum punishment,
normally about 1 year)
cab) He has not (in Austria:: up to 1 year, no minimum, normally a few
months, there may be probation)
cb) fraudery cauing damage of
cba) ca. 42.000.000 TL (in Austria: up to 6 month imprisonment or up to
360 “day-diets”, these depend on the income of the accused, 1
“day-diet” is the amount, that can be taken away without endangering a
minimum maintenance for one day);
cbb) ca. 42.000.000.000 TL (in Austria: from 1 up to 10 years of
imprisonment);
cc) Intentional bodily injury, the victim suffers
cca) some not severe blessings (in Austria: up to 1 year imprisonment, no
minimum, or up to 360 “day-diets”, normally probated)
ccb) break of bones or other severe damage (in Austria: up to 3 years of
imprisonment, no minimum, may be probated)
cd) murder (in Austria: from 10 to 20 years or lifetime imprisonment)

d) In the 1920s turkey implemented basic laws, that were adopted from
Switzerland, Germay and Italy. Are those codes in force today? Did they
undergo massiv changes or not?

e) Is there a commercial code in turkey and was it adopted from any
continental commercial code of europe?

f) If a judge is transferred to another court against his will, what happens
to the cases he works on? Does he finish them or does the next judge
decide?


I hope, some of the readers of this message will be willing to answer
(maybe some of) the questions above. I thank these for answering by
now very heartiliy.
If I can be any use for answering questions about the austrian law
system, feel free to contact me at georg.krakow@netway.at
If there are any stageres (“judges in development”) reading this post,
please contact me also.


Yours Sincerely, Georg A. Krakow, Austria