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Tck - İngilizce Çevirisi

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Old 30-08-2008, 14:15   #61
GALATASARAYHUKUK

 
Varsayılan

Sayın Akpunar ve bu çalışmada görev alan tüm duyarlı üyeler, lütfen geciktiğim için kusura bakmayın. Halen yapabileceğim bir şeyler varsa lütfen bildiriniz.

Saygılarımla
Old 15-05-2009, 09:22   #62
Murat KARA

 
Varsayılan merhaba

çalışmanızı bugün gördüm ve ben de elimden geleni yapmaya hazırım.2 dönem seçmeli olarak hukuk ingilizcesi aldığım için iyi bir şekilde yardımcı olabileceğime inanıyorum.
Old 06-04-2010, 14:43   #63
elzemseyler

 
Varsayılan

Bende çeviri yapmak istiyorum ancak görev dağılımı nasıl oluyor bilgi almak istiyorum...
Old 21-05-2010, 13:31   #64
multipack

 
Varsayılan

ARTICLE 81 - Intentional Killing
1) Any person who intentionally kills another shall be sentenced to life imprisonment.

ARTICLE 82 - Qualified Cases
1) If the act of intentional killing is committed;
a) With premeditation,
b) Brutally or through torment;
c) By causing fire, flood, destruction, sinking, bombing or by using nuclear, biological or chemical weapons;
d) Against a direct ascendant, direct descendant, spouse or sibling;
e) Against a child or against somebody who cannot protect himself physically or mentally;
f) Against a pregnant woman, in knowledge of such pregnancy;
g) Against a person because of the public service he performs;
h) In order to conceal an offence, destroy evidence, facilitate the commission of another offence or prevent apprehension;
i) Out of frustration for not being able to commit another offence;
j) With the motive of blood feud;
k) With the motive of tradition
2) the offender shall be sentenced to aggravated life imprisonment.

ARTICLE 83 - Intentional Killing by Act of Ommission
1) In order to hold a person culpable for a death caused by his failure to perform a positive act, which he has a duty to perform, the ommission which caused the death should be tantamount to a positive act.
2) An ommission will be tantamount to a positive act where the person
a) should have discharged his duty, deriving from law or a contract, to perform certain positive acts, and
b) as previously endangered the life of another person due to his behaviour.
3) Where a person causes the death of a person, by ommission, with respect to a particular duty, where the offence committed requires a penalty of aggravated life imprisonment he may be sentenced to a penalty of imprisonment for a term of twenty to twenty five years; where the offence committed requires a penalty of life imprisonment he may be sentenced to a penalty of imprisonment for a term of fifteen to twenty years; in any other case, the sentence shall be a penalty of imprisonment for a term of ten to fifteen years.

ARTICLE 84 - Directing Suicide
1) Any person who incites, or encourages, another person to commit suicide, or who strengthens an existing decision to commit suicide or who, in any way, assists a person in committing the act of suicide, shall be sentenced to a penalty of imprisonment for a term of two to five years.
2) Where death occurs, the person shall be sentenced to a penalty of imprisonment for a term of four to ten years.
3) Any person who publicly encourages others to commit suicide shall be sentenced to a penalty of imprisonment for a term of three to eight years.
4) Any person who directs another to commit suicide, where the capacity of that person to understand the meaning and consequences of the act is compromised or lacking, or if a person compels another person to commit suicide by using threat or force, they shall be culpable of the offence of intentional killing.

ARTICLE 85 - Reckless Killing
1) Any person who cuases the death of another by reckless conduct shall be sentenced to death penalty of imprisonment for a term of two to six years.
2) If the act results in the death of more than one person, or the injury of more than one person together with death of one or more persons, the offender shall be sentenced to a penalty of imprisonment for a term of two to fifteen years.
Old 21-05-2010, 14:44   #65
multipack

 
Varsayılan

ARTICLE 86 - Intentional Injury
1) Any person who intentionally causes another person pysical pain or who impairs person's health, or ability to perceive, shall be sentenced to a penalty of imprisonment for a term of one to three years.
2) Where the effect of an intentional injury upon a person is minor and can be cured by a simple medical treatment then, upon the complaint of the victim, a penalty of imprisonment for a term of four months to one year, or a judicial fine shall be imposed.
3) Where an intentional injury is committed
a) against a direct antecedent, direct descendent, spouse or sibling;
b) against a person who cannot defend himself physically or mentally
c) against a person because of his duties as a public officer;
d) on account of a public officer misusing his influence; or
e) by using a weapon,
the penalty to be given shall be increased by one half and shall not require a complaint.

ARTICLE 87 - Aggravated Injury on Account of its Consequences
1) If the act of intentional injury results in
a) the permanent impairment of the functioning of any one of the senses or organs of the victim;
b) a permanent speech defect;
c) a distinct and permanent scar on the face;
d) a situation which endangers a person's life; or
e) the premature birth of a child, where the victim is a pregnant woman
then the penalty to be determined according to the above article shall be doubled. However, the penalty of imprisonment to be imposed shall not be for a term of less than three years for offences defined in section one and the penalty to be imposed shall not be for a term of less than five years imprisonment for offences defined in section three,
2) If the act of intentional injury results in
a) An incurable illness or causes a vegetative state in the victim;
b) The complete loss of functioning of one of the senses or organs;
c) The loss of the ability to speak or the loss of fertility;
d) A permanent disfigurement to the face;
e) The loss of an unborn child, where the victim is a pregnant woman,
then the penalty to be determined according to the aforementioned article shall be doubled. However, the penalty of imprisonment to be imposed shall not be for a term of less than five years imprisonment for offences defined in section one or not be for a term of less than eight years for offences defined in section three.
3) Where the intentional injury results in the fracture or dislocation of a bone, the penalty to be imposed according the aforementioned article shall be increased by one half according to the effect of the fractured or dislocated bone on his ability to function in life.
4) Where the intentional injury results in the death of a person, the offender shall be sentenced to a penalty of imprisonment for a term of eight to twelve years for offences defined in section one and twelve to sixteen years for offences defined in section three.

ARTICLE 88 - Intentional Injury by Ommission
1) Where there is an intentional injury due to recklessnes, the penalty to be imposed shall be reduced by up to two thirds. In the implementation of this provision, the conditions which relate to the offence of intentional killing by ommission are to be taken into consideration.

ARTICLE 89 - Reckless Injury
1) A person who recklessly causes another physical pain or who impairs another's health, or ability to perceive, shall be sentenced to a penalty of imprisonment for a term of three months to one year, or a judicial fine.
2) If the reckless injury act causes to the victim
a) a permanent impairment of the functioning of any one of the senses or organs of the victim;
b) a permanent speech defect;
c) a distinct and permanent scar on the face;
d) a situation which endangers a person's life;
e) the premature birth of a child, where the victim is a pregnant woman,
then the penalty to be imposed, according to section one shall be increased by up to one half.
3) If the reckless injury act causes to the victim
a) an incurable illness or if it has caused the victim to enter a vegetative state,
b) the complete loss of functioning of one of the senses or organs,
c) the loss of the ability to speak or loss of fertility;
d) a permanent disfigurement of the face; or
e) the loss of an unborn child, where the victim is a pergnant woman,
then the penalty to be imposed according to section one shall be doubled.
4) Where the act results in the injury of more than one person, then a penalty of imprisonment for a term of six months to three years shall be imposed.
5) An investigation and prosecution for the offence of reckless injury shall be subject to a complaint. However, except for the cases where an injury falls within the scope of section one, no complaint is required where the offence is committed with conscious recklessness.

ARTICLE 90 - Experimentation on Human Beings
1) Any person who carries out a scientific experiment on a human being shall be sentenced to a penalty of imprisonment for a term of one to three years.
2) The following conditions must be satisfied to aviod criminal culpability in respect of consensual experimentation on a human being
a) authorisation from the relevant council or body shall be receieved;
b) the experiment shall first be conducted in an experimental environment other than the human body or on a sufficient number of animals,
c) the scientific data obtained through an experiment conducted in an experimental environment other than the human body, or on animals, should necessitate the experiment then being performed on human beings in order to attain its objectives,
d) the experiment should not foreseeably damage, or have a permanent effect upon, human health;
e) no method should be employed that might results in the test subject suffering to a degree unacceptable to human dignity;
f) The objective of the experiment sould outweigh any danger to the person's health or burden placed upon him; and
g) The consent of the test subject should be in writing and based on sufficient information about the content and consequences of the experiment, and should not be dependent upon securing any gain.
3) In addition to the conditions specified in section two, the following conditions must be satisfied to avoid criminial liability for the experimentation on children
a) the scientific data obtained through an experiment that has been conducted in an experimental environment should necessitate the experiment than being performed on a child, in order to attain its objectives;
b) written consent of the mother and father, or legal guardian, and the consent of the child, where he has the capacity to give consent; and
c) the presence of a child health and illness expert from an authorised
body which has the capacity to give permission for the experiment.
4) Any person who conducts a test upon a patient, for the purposes of medical treament without receiving the patient's consent, shall be sentenced to a penalty of imprisonment for a term of up to one year. However, where it is understood that existing methods of known treatment shall not yield any positive results, conducting an experiment, while using known scientific methods, upon a person who has consented to such, with the aim of treating such person, shall not incur criminal responsibility. The consent should be in writing and be based on sufficient information about the content and consequences of the experiment, and the medical treatment should be conducted by an expert physician in a hospital.
5) The provisions pertaining to intentional injury or intentional killing shall be applicable if the victim is injured or dies due to the offence described in section one.
6) Any offence contained within this article that is carried out within the activitie of a legal entity shall result in security measure being imposed upon that legal entity.

ARTICLE 91 - Trading of Organs and Tissues
1) Any person who removes an organ from another person without his lawful consent shall be sentenced to a penalty of imprisonment for a term of five to nine years. If the subject of the offence is tissue, then the offender shall be sentenced to a penalty of imprisonment for a term of two to five years.
2) Any person who unlawfully removes an organ or tissue from a deceased person shall be sentenced to a penelty of imprisonment for a term of up to one year.
3) Any person who purchases, or sells an organ or tissue, or acts as an intermediary in such activities, shall be sentenced to the penalty in section one.
4) Where an offence, contained in section one or three, is committed within the framework of an organisation the penalty to be imposed shall be imprisonment for a term of eight to fifteen years and a judicial fine of up to ten thousand days.
5) Any person who conceals, transports or engages in the transplantation of an unlawfully obtained organ or tissue shall be sentenced to a penalty of imprisonment for a term of two to five years.
6) Any person who broadcasts, makes an announcement, or engages in commercial advertising in order to secure organs or tissue in order to obtain any gain shall be sentenced to a penalty of imprisonment for a term of up to one year.
7) Any offence contained within this article that is carried out within the activities of a legal entity shall result in security measure being imposed upon that legal entity.
8) The provisions relating to intentional killing shall be applicable where an offence contained in section one results in the death of the victim.

ARTICLE 92 - Necessity
1) A penalty may be reduced or not imposed at all, after considering the social and economic conditions of the person selling his own organs or tissue.

ARTICLE 93 - Effective Remorse
1) Where a person, who sells his own organ or tissue, informs the relevant authority of such before such activity is identified by the relevant authority and assists in the arrest of the offender, no penalty shall be imposed.
2) If, after the relevant authorities are informed of any offence, the person selling his organ and tissue voluntarily assists and serves, the authorities by disclosing the offence and assists in the arrest other offenders, then the penalty to be imposed shal be reduced by one quarter to one half.
Old 21-05-2010, 15:44   #66
multipack

 
Varsayılan

ARTICLE 94 - Torture
1) A public officer who performs any act towards a person that is imcompatible with human dignity, and which causes that person to suffer physically or mentally, or affects the person's capacity to perceieve or his ability to act of his own will or insults them shall be sentenced to a penalty of imprisonment for a term of three to twelve years.
2) If the offence is committed against
a) a child, a person who is physically or mentally incapable of defending himself or a pregnant woman; or
b) a public officer or an advocate on account of the performance of his duty, a penalty of imprisonment for a term of eight to fifteen years shall be imposed.
3) If the act is conducted in the manner of sexual harassment, the offender shall be sentenced to a penalty of imprisonment for a term of ten to fifteen years,
4) Any other person who participates in the commission of this offence shall be sentenced in a manner equivalent to the public officer.
5) If the offence is committed by way of ommission there shall be no reduction in the sentence.

ARTICLE 95 - Aggravated Torture on Account of its Consequences
1) Where the act of torture causes to the victim
a) a permanent impairment of the functioning of any one of the sense or an organ,
b) a permanent speech defect;
c) a distinct and permanent scar on the face;
d) a situation which endangers a person's life, or
e) the premature birth of a child, where eth victim is a pregnant woman
the penalty determined in accordance with the above article shall be increased by one half.
2) Where the act of torture causes to the victim
a) an incurable illness or if it has caused the victim to enter a vegetative state,
b) the complete loss of functioning of one of the senses or organs,
c) the loss of the ability to speak or loss of fertility,
d) a permanent disfigurement of the face, or
e) the loss of an unborn child, where the victim is a pregnant woman
the penalty determined in accordance with the article above shall be doubled.
3) Where an act of torture results in the breaking of a bone, the offender shall be sentenced to a penalty of imprisonment for a term one to six years according to the effect of the broken bone on his ability to funcion in life.
4) Where an act of torture causes the death of the victim, the penalty to be imposed shall be aggravated life imprisonment.

ARTICLE 96 - Torment
1) Any person who performs any act which results in the torment of another person shall be sentenced to a penalty of imprisonment for a term of two to five years.
2) Where the acts falling under the above paragraph are committed against
a) a child, a person who is physically or mentally incapable of defending himself or a pregnant woman; or
b) a direct ascendant, direct descendant, adoptive parent or spouse, a penalty of imprisonment for a term of three to eight years shall be imposed.
Old 21-05-2010, 16:55   #67
multipack

 
Varsayılan

ARTICLE 97 - Abandonment
1) Any person, holding the duty of protection or observation of an individual who cannot care for himself (on account of age or illness), who abandons that individual so that they are alone, shall be sentenced to a penalty of imprisonment for a term of three months to two years.
2) If the victim suffers and illness, injury or death due to the abandonment, the penalty shall be imposed according to the provisions relating to an aggravated injury on account of its consequences.

ARTICLE 98 - Failure in the Duty of Assistance or Notification
1) Any person who fails to assist, taking into account his position and circumstances, an individual who is incapable of caring for themselves on account of age, illness, injury or any other reason, or immediately notify the relevant authority of the circumstances of such individual, shall be sentenced to a penalty of imprisonment for a term of up to one year, or a judicial fine.
2) Where an individual dies due to the failure of a person to perform in his duty to assist or to notify, a penalty of imprisonment for a term of one to three years shall be imposed.
Old 21-05-2010, 17:15   #68
multipack

 
Varsayılan

ARTICLE 99 - Illegal Abortion
1) Any person who performs an abortion of a child upon a woman without her consent shall be sentenced to a penalty of imprisonment for a term of five to ten years.
2) Any person who, in the absence of medical necessity, performs an abortion of a child, upon a woman, who is more than ten weeks pregnant and with her consent, shall be sentenced to imprisonment for a term of two to four years. The woman who consents to the abortion in these cirumstances shall be sentenced to a penalty of imprisonment for a term up to one year and a judicial fine.
3) Where the act referred to in section one causes damage to the physical or mental health of the woman, the person shall be sentenced to a penalty of imprisonment for a term of six to twelve years. Where the act results in the death of the woman, a penalty of imprisonment for a term of fifteen to twenty years shall be imposed.
4) Where the act referred to in section two causes damage to the physical or mental health of the woman, the person shall be sentenced to a penalty of imprisonment for a term of three to six years. Where the act results in the death of the woman, a penalty of imprisonment for a term of four to eight years shall be imposed.
5) Irrespective of the consent of the woman; if an unauthorised person performs the abortion of a child, upon a woman, who is less than ten weeks pregnant; a penalty of imprisonment for a term of two to four years shall be imposed. If any of the offences listed in the above sections are committed by an unauthorised person, the penalties shall be increased by one half.
6) Where a woman is pregnant due to an offence that she was a victim of, no penalty shall be imposed upon any person who terminates such pregnancy, where the term of pregnancy is not more than twenty weeks and there is consent from the woman. However, this requires the termination of a pregnancy by expert doctors in a hospital environment.

ARTICLE 100 - Miscarriage
1) A woman who willingly aborts a child where the term of pregnancy is more than ten weeks shall be sentenced to a penalty of imprisonment for a term up to one year and a judicial fine.

ARTICLE 101 - Sterilisation
1) Any person who sterilises a man or woman, without their consent, shall be sentenced to a penalty of imprisonment for a term of three to six years. If the act is performed by a person who is unauthorised to sterilise, then the penalty shall be increased by one third.
2) Where the sterilisation is performed by an unauthorised person, even with the person's consent, a penalty of imprisonment for a term of one to three years shall be imposed.
Old 21-05-2010, 18:24   #69
multipack

 
Varsayılan

ARTICLE 102 - Sexual Assault
1) Any person who violates the physical integrity of another person, by means of sexual conduct, shall be sentenced to a penalty of imprisonment for a term of two to seven years, upon the complaint of the victim.
2) Where the act is committed by means of inserting an organ or other object into the body, the offender shall be sentenced to a penalty of imprisonment for a term of seven to twelve years. If the act is committed against the offender's spouse, conducting an investigation and prosecution shal be subject to a complaint by the victim.
3) Where the offence is committed
a) against a person who is physically or mentally incapable of defending themselves,
b) by misusing the influence derived from a position in public office or a private working relationship,
c) againt a person of first, second or third degree blood relationship or a relative by marraiage; or
d) by using weapons or together with the cooperation of more than one person,
the penalties imposed in accordance with sections above shall be increased by half.
4) Where greater force than is necessary to suppress the resistance of the victim is used during the commission of the offence, the offender shall also be sentenced to a penalty for intentional injury in addition.
5) Where the offence results in the impairment of the physical or mental health of the victim, the offender shall be sentenced to a penalty of imprisonment for a term of not less than ten years.
6) Where, as a result of the offence, the victim enters a vegetative state or dies, a penalty of aggravated life imprisonment shall be imposed.

ARTICLE 103 - Sexual Abuse of Children
1) Any person who sexually abuses a minor shall be sentenced to a penalty of imprisonment for a term of three to eight years. Sexual abuse means
a) any act of a sexual nature against a minor who has not completed fifteen years of age or, though having completed fifteen years, lacks the competence to understand the meaning and consequences of such acts
b) sexual acts conducted against any other minor with the use of force, threat, deception or any other method which affects the willingness of the child
2) Where the sexual abuse occurs as a result of the insertion of an organ or a similar object into the body, a penalty of imprisonment for a term of eight to fifteen years shall be imposed.
3) Where the sexual assault is committed by the direct ascendant, second or third degree blood relative, step father, the adoptive parent, guardian, tutor, teacher, carer, other persons in charge of providing health services or who bears the obligation for protection or supervision, or through abuse of the invluence derived from a working relationship or is committed together by more than one person; the penalty to be imposed in accordance with the above sections shall be increased by half.
4) Where the sexual assault is committed against a minor described in section one (a) by force or threat, the penalty to be imposed in accordance with the above sections shall be increased by half.
5) Where any force or violence, used with the aim of sexual assault leads to any aggravated injury on account of its consequences, the provisions of that offence shall apply in addition.
6) Where the offence results in the impairment of the physical or mental health of the victim, a penalty of imprisoment for a term of not less than fifteen years shall be imposed.
7) Where the offence leads the victim to enter a vegetative state or die, a penalty of aggravated life imprisonment shall be imposed.

ARTICLE 104 - Sexual Intercourse With Those Who Have Not Achieved Adulthood
1) Any person who enters; without any force, threat or deceit; into sexual intercourse with a minor who has completed fifteen years of age shall be sentenced to a penalty of imprisonment for a term of six months to two years, upon complaint.
2) (Annulled with the judgment of the Constitutional Court E.2005/103, K.2005/89 and Date 23.11.2005)

ARTICLE 105 - Sexual Harassment
1) Any person who sexually harasses another person, shall be sentenced to a penalty of imprisonment of three months to two years or a judicial fine upon complaint of the victim.
2) Where these acts are committed by misusing the influence derived from a hierarchical, service, educational/training or familial relationship or where such acts are committed by taking advantage of working at the same workplace, the penalty to be imposed under the above section shall be increased by one half. Where the victim has had to leave his employment or school or separate from his family, the penalty to be imposed shall not be less than one year.
Old 21-05-2010, 22:01   #70
multipack

 
Varsayılan

ARTICLE 106 - Threat
1) Any person who threatens another individual by stating that he will attack the individual's or his relative's life or physical or sexual immunity shall be subject to a penalty of imprisonment for a term of six months to two years. Where the threat relates to causing extensive loss of economic assets or other related harms, there shall be a penalty of imprisonment for a term of up to six months or a judicial fine, upon the complaint of the victim.
2) Where the threat is carried out:
a) with the use of a weapon;
b) while concealing his identity or with an unsigned letter or by using a particular symbol;
c) jointly with more than one person;
d) by taking advantage of the power to invoke fear derived from a criminal organisation which exists, or is assumed to exist
the offender shall be sentenced to a penalty of imprisonment for a term of two to five years.
3) Where the offences of intentional killing, intentional injury or damaging property are committed with the aim to threaten, the penalties for such offences shall be imposed in addition.

ARTICLE 107 - Blackmail
1) Any person who forces an individual to obtain an illegal interest or forces someone to act, or fail to act, such not being within the scope of his duty, or to perform an act contrary to law; by stating that he will or will not do something which would be within his duty or rights, shall be sentenced to a penalty of imprisonment for a term of one to three years and a judicial fine of up to five thousand days.
2) Where a person threatens do disclose or make an accusation as to a matter that would damage a person's honor or reputation for the purposes of obtaining a benefit for himself or others, he shall be sentenced according to the provisions of section one.

ARTICLE 108 - Force
1) Any person who uses force against an individual in order to compel such individual to carry out or fail to carry out an act or to enable himself to carry out a particular act, the penalty that would be imposed under the offence of intentional injury shall be increased by one third to one half.

ARTICLE 109 - Deprivation of Liberty
1) Any person who unlawfully restricts the freedom of a person to move or to remain, in a particular place shall be sentenced to a penalty of imprisonment for a term of one to five years.
2) Where a person uses force, threats or deception in order to commit an offence or during the commission of the offence, then a penalty of imprisonment for a term of two to seven years shall be imposed.
3) Where this offence is committed:
a) with use of a weapon,
b) together with more than one person,
c) against a public officer as a result of the performance of his public duty,
d) by misusing the influence derived from public office,
e) against a direct antecedent, direct descendents or spouse,
f) against a child or a person who cannot defend himself physically or mentally,
the penalty to imposed according to the above sections shall be doubled.
4) Where this offence results in the significant economic loss to the victim, an additional penalty of a judicial fine up to one thousand days shall be imposed.
5) Where the offence is committed with a sexual purpose, the penalty to be imposed in accordance with the above sections shall be increased by one half.
6) Where an aggravated injury on account of its consequences is committed in order to commit this offence or during the commission of this offence, then the provisions relating to intentional injury shall be additionally applied.

ARTICLE 110 - Effective Remorse
1) Where a person who was committed the offence defined in the above article, frees the victim voluntarily, in a safe place, prior to the commencement of an investigation and without having caused any harm to the victim, then the penalty to be imposed shall be reduced by two thirds.

ARTICLE 111 - Implementation of Security Measures for Legal Entities
1) Security measures specifically on legal entities shall be imposed upon those entities which secure unjust benefit from the commission of the offences of threat, blackmail, force or deprivation of liberty.

ARTICLE 112 - Prevention of Education and Training
1) Any person who prevents any of the following acts, by the use of force or threat or any other unlawful act shall be sentenced to a penalty of imprisonment for a term of one to three years:
a) all forms of educational and training activities which have been established by a public authority or carried out under a license issued by a public authority; or
b) entering or remaining in buildings or premises where students are living communally.

ARTICLE 113 - Prevention of the Activities of a Public Institution or Professional Institution Considered to be a Public Institution
1) Where the activities of a public institution are prevented by the use of violence or threat or any other unlawful act, a penalty of imprisonment for term of one to three years shall be imposed.

ARTICLE 114 - Prevention of the Exercise of Political Rights
1) Any person who uses force against, or threatens another person in order to compel such person
a) to be or not to be a member of a political party, to attend or not to attend activities of a political party, to leave a political party or to leave the position of management of a political party, or
b) to fail to stand as a candidate for an elected public post or to leave a position which he has been elected to
shall be sentenced to a penalty of imprisonment for a term of one to three years.
2) Where the activities of a political party are prevented by the use of force or threat, or by any other unlawful act, a penalty of imprisonment for a term of two to five years shall be imposed.

ARTICLE 115 - Prevention of the Exercise of Freedom of Belief, Thought and Conviction
1) Any person who uses force against or threatens another person in order to compel him to alter or declare, or in order to prevent him from declaring or disseminating his religious, political, social or philosophical believes, thoughts or convictions shall be sentenced to a penalty of imprisonment for a term of one to three years.
2) Where communal religious worship or ceremony is prevented by the use of force, threats or by any other unlawful act a penalty in accordance with the above section shall be imposed.
Old 03-02-2011, 18:50   #71
ibrahimgül

 
Varsayılan correction of the provisions

Objective of the Code
Article 1. - (1) The objective of the Code is; to protect rights and freedoms of the individuals, public order and security, public health, environment and the social peace, and to prevent perpetration of crimes. In this Criminal Code, to accomplish those objectives the fundamental principles of penal liability, crimes, and the types of punishment and the safety measures is regulated.

There is no punishment without law

Article 2. (1)
No one shall be punished or safety measure be taken againts him/her for the actions if not explicitly listed in hereinbye Code. No penalty shall be imposed or safety measure be taken except those rules laid down in the Criminal Code.

Emeğiniz için çok teşekkür ederim. Taktire şayan bir çalışma. Sırf ilgili arkadaşlara tartışma zemini olsun diye sizin çevirinize alternatif metin çevirisi sundum. Saygılarımla
Not; Yurt dışında uluslararası bir teşklatın hukuk bölüm başkanlığını yaptım. Demek isterimki biraz ehilim.
Old 04-02-2011, 09:21   #72
ibrahimgül

 
Varsayılan CC. Article 2 proposed translation

YAPILMIŞ OLAN ÇEVİRİ :
"2) İt is not permitted to decree crimes or punishments by administrative regulatory acts.

(3) Analogy cannot be applied in the implementation of the penal provisions.T he provisions stipulating crimes and punishments cannot be interpreted widely to lead to analogy.


"(2) İdarenin düzenleyici işlemleriyle suç ve ceza konulamaz.
(3) Kanunların suç ve ceza içeren hükümlerinin uygulanmasında kıyas yapılamaz. Suç ve ceza içeren hükümler, kıyasa yol açacak biçimde geniş yorumlanamaz."

Herbeby please find mine translation (ÖNERİM);
(2) Crime and penalty shall not imposed with regulative action of the Administration.
(3)An analogy cannot form the basis of criminal liability and punishment.
Provision of the criminal statutes regulating crime and penalty and shall not be interpreted in a manner that lead to the extension of the liability by analogy.
As an alternate to the second sub-paragraph :
In the implimentation of the criminal statutes regulating in particulary crime and penalty cannot be interpreted leading the liability by analogy.

GELİN BİR METİN ÇEVİRELİM (İngilizceden Türkçeye) bakalım kaç değişik metin üreteceğiz.
"The borders between analogy and interpretation are fluid because judicial holding does not exhaust itself in acts of subsumption, but rather, according to dominant view, contains elements of law making."
Old 08-02-2011, 16:35   #73
Av. Bülent Sabri Akpunar

 
Varsayılan

Alıntı:
Yazan ibrahimgül
GELİN BİR METİN ÇEVİRELİM (İngilizceden Türkçeye) bakalım kaç değişik metin üreteceğiz.
"The borders between analogy and interpretation are fluid because judicial holding does not exhaust itself in acts of subsumption, but rather, according to dominant view, contains elements of law making."


Katkılarınız için teşekkür ederiz İbrahim Bey.
Old 15-02-2011, 16:49   #74
ibrahimgül

 
Varsayılan düzeltme

Yanlış metin çevirisi aşağıdadır (gözden kaçmış olduğunu sanıyorum) :
ARTICLE 85 - Reckless Killing
1) Any person who cuases the death of another by reckless conduct shall be sentenced to death penalty of imprisonment for a term of two to six years.

Türkçesi :
Taksirle öldürme
MADDE 85. - (1) Taksirle bir insanın ölümüne neden olan kişi, iki yıldan altı yıla kadar hapis cezası ile cezalandırılır. (31.03.2005 tarihli, 25772 Mükerrer Sayılı R.G. - 5328 s.k. ile değişik)

İngilizce çevirisi :
Reckless killing

ARTICLE 85 - (1) Who incautiously cause the death of other person, shall be punished by imprisonment from two to six years.


veya

Who causes death to somebody else by negligence shall be punished by
imprisonment from two to six years.


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