30-01-2002, 17:14 | #1 |
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Conrete questions concerning different
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 |
30-01-2002, 17:14 | #2 |
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Mr.Krakow,
Answers are below: a) Yes that code was promulgated in 1999 and in charge now. The code forbids the violence in family and involves sanctions such as banishment or imprisonment against offenders. b) I believe not. c) Action of Negligent Killing is addressed in Turkish Criminal Code section 455. However it should be mentioned that this section does not distinguish the action between a trafic accident case or any other kind of case involving negligent killing. So it is applied to all relevant cases, not only to traffic accidents. Secondly, there is no special emphasize for alcohol using in this section as well. Instead, section handles the action according to a "fault" basis and evaluate the fault of the accused in a scale of 1 to 8 and apply the punishment according to this scale. If the victim is only one person then, the punishment is 2 to 5 years imprisonment. If there are more people killed, it is 4 to 10 years. As for the intentional bodily injury: Lightest action (attack occured but no injury at all) just gets 2 to 6 months imprisonment. If light injury occured, it is 6 to 12 months. For other severe damages (addressed in section 456), it is 2 to 5 years. If the action crippled the victim, it is 5 to 10 years. According to section 457 if the action is done by a gun then the punishment aggravates upto 1/3 to 1/2 of the original. As far as intentional murder concerned, the punishment stretches from 24 years to death penalty depending on the action. d) Yes the implemented codes are still in force. And unfortunately they didnt undergo any significant amendments. Trivial rectifications though. e) Yes it exists and was adopted from European countries, however not from a single one. f) Next judge finishes the cases. I wish you good luck with your magazine writing and I hope these answers will help you. Best Regards, |
30-01-2002, 17:15 | #3 |
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Dear Mr Krakov,
The link below may be of help to you in your studies about Turkish Criminal Law. I had found a very old English translation of Turkish Criminal Code in one of my Turkish law books search, but I do not remember whether it was in amazon.com or some other law books site. http://www.iuscrim.mpg.de/en/res/cri...ries/tr_e.html Kind regards Pabetti |
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