Tck - İngilizce Çevirisi

Merhabalar,

Ben de bu çeviriye katkıda bulunmak isterim. Sayın Akpunar kanunun hangi kısmını çevirmemi istediğinizi bana bildirebilirseniz sevinirim.

Saygılarımla..

Part 1

Abatment of acuse and penalty

Article 64

(1) In the case of suspect’s death,it is decide to overthrown of the criminal case.However,the law suit about the goods subject to confiscation regarding their qualities and meterial benefits can be continued and decide to conviscate them.

(2) Convict’s death eleminates jail sentence and judical money penalty that are not executed yet.However, sentence is executed which is decided after death is about conviscation and trial expenditures.

Discharge

Article 65

(1) In case of amnesty,criminal case abates,sentential penalties disappear with all results.

(2) With remission of a sentence, the enforcementof the jail sentencein the execution assosiation can bebrought into an end or the time period of the enforcement in theexecution assosiation can be shortened or can be turned into judical Money penalty.

(3) Right depreviations which are mentioned in code or depend upon to punishments continou their effects.

Prescription of Penalty
ARTICLE 68 – (1) Punishments shall not be executed after completion of periods stated below:
a) Forty years for aggravated life imprisonment sentences.
b) Thirty years for life imprisonment sentences.
c) Twenty four years for imprisonment sentences of twenty years or longer.
d) Twenty years for imprisonment sentences of five years.
e) Ten years for imprisonment sentences up to five years and administrative fines.
(2) If half of said periods for an actor of the crime who was over 12 years old but not over fifteen years old and two-thirds of the said periods for an actor who was over fifteen years but not over eighteen years in date of commitment have passed punishment shall not be executed.
(3) Prescription shall not be applied on aggravated life imprisonment sentences, or life imprisonment sentences, or imprisonment sentences for more than ten years which have been awarded in virtue of crimes committed in abroad regulated under Forth Section of Second Book of this Code.
(4) Provisions which their type requires different penalties shall not be executed by the extension of time envisaged for the gravest penalty.
(5) Penal prescription period commence to run from the date of final judgment or from the cessation date of execution for any reason and penalty period remain shall be taken into consideration in calculating the period.
Prescription of Penalty and Deprivation of Rights
ARTICLE 69 – (1) Period of deprivation of rights relating to the penalty or stated in judgment shall continue until the expiration of prescription of penalty.
Prescription in Confiscation
ARTICLE 70 – (1) Judgment of confiscation shall not be executed after completion twenty years as of the date of final judgment.
Cessation of Prescription of Penalty
ARTICLE 71 – (1) Prescription of penalty shall be interrupted upon notification made to convicted person by the legal authority for the execution of the convinction judgment or arrestation effected for this purpose.
(2) If a person who has been sentenced as a result of a crime will commit an intentional crime which its maximum period of imprisonment penalty is more than two years prescription of penalty shall be interrupted.
(2) Bir suçtan dolayı mahkûm olan kimse üst sınırı iki yıldan fazla hapis cezasını gerektiren kasıtlı bir suç işlediği takdirde, ceza zamanaşımı kesilir.

Discretionary matter in mitigation
Article 62

(1) In case of the discretionary matter, which shall mitigate the punishment and be advantage for perpetrator, instead of heavy life imprisonment, life imprisonment; instead of life imprisonment, twenty-five years punishment of imprisonment, shall be given.

(2) Can be taken into consideration, the background of perpetrator, the social relations, behaviours of perpetrator which is after the act and during the trial, the possible punishment effects on perpetrators future and the like factors, as a discretionary matter in mitigation.

Set-Off
Article 63

The periods which had been spent because of drawing a conclusion of punishments restricting personal liberty and before the sentence not to conclusive, shall be reduced from punishment of imprisonment sentence. Shall be made reduction from this punishment, one day be considered as a hundred Turkish New Million, when be given judicial fine decision.

61. maddeyi de çevirdikten sonra buraya ekleyeceğim. Saygılarımla.

eğer 72-73-74 ü kimse almadıysa ben çevirebilirim. ama biraz zaman istiyorum

değerli arkadaşım sizin çevirdiğiniz kısım ve 72,73,74. maddeler bana verilmişti ben şu sıralar çok yoğunum sınavlara hazırlanıyorum.Bu 3 maddeyi de çevirebilir misiniz çok memnun olurum.

* elimden geldiğince çevirmeye çalıştım, hatalarımız affola...

FİFTH PARTH

GATHERİNG OFFENSE

AERİCLE 42(1):

An offense, forming elements or aggravated circumstances of the other as a consequence settled one act called a compound offense

İn this type of offenses, gathering provisions shall not apply.

JOİNT/CHAİNED OFFENSE

ARTİCLE 43-(1):

With in context of a decide of commit an offense , in case of comitted offenses against same person more than once in different times ,there shall be impose a penalty

But this penalty shall be elevated by one forth till three fourth

Basic shape and qualified shape which demand graver or light penalty of an offense is settled same offense.

İn Offenses which undefined victims , this sentence shall be apply

(2) İn case of same offenses, comitted more than one person, first paragraph sentence shall be aply

(3) İn crime of felonious homicide, malicious injury, torture… and looting , these article provisions shall not apply

İNTELLECTUAL GATHERİNG

ARTİCLE 44(1):

A person , comitted an act, causes to gave occassion more than one suspenses, shall be penaltized from these suspenses which demand gravest penalty


SECTİON 3: PROVİSİONS

PART 1: PENALTİES

PENALTİES:

ARTİCLE 45:

Penalties, apply sanctions in consideration of an offense , are penalty of jail sentences and adminstrative fines


JAİL SENTENCES

ARTİCLE 46: (1) Thesa are jail sentences:

a-) Penalty of aggravated life sentences

b-) Penalty of life sentences

c-) Term penalties

tabiki çeviririm ama bana da biraz zaman lazım tamam ozaman bu maddeler bana ait en kısa sürede çevirisini yazmaya çalışırım.

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.

PART THREE: ATTEMPT FOR CRIME
ATTEMPT FOR CRIME
Article 35 - (1) A person is charged for the attempt for crime if he directly starts committing a crime deliberately with the appropriate actions but cannot complete it because of the unwilling reasons.
(2) In case of committing a crime, the perpetrator, according to the severity of the damage or threat which occurred, is sentenced to imprisonment from thirteen years to twenty years instead of life sentence in solitary confinement and with no possibility of parole, from nine years to fifteen years life sentence. In the other conditions, the sentence to be given is decreased from one-fourth to three fourths.
VOLUNTARY RENUNCIATION
Article 36 - (1) If the perpetrator desists from committing the crime voluntarily or prevents the completion or the result of the crime with his own efforts, he shall not be sentenced because of attempting; however if the completed part constitutes a crime, he shall be sentenced for that particular crime.
PART FOUR: CONNIVANCE IN A CRIME
PERPETRATION
Article 37 - (1) Each of the persons who perform the act in the legal description of the crime will be responsible.
(2) The person who benefits from another person, as an accessory shall be charged as a perpetrator. The sentence of the person who makes use of the persons not qualified for legal negligence, as accessories shall be increased additionally from one third to half the sentence.
SOLICITATION
Article 38 - (1) The person who solicits another one to commit the crime shall be sentenced with that particular crime.
(2) In case of solicitation for crime by using the influence resulting from the lineal ancestors, the sentence of the soliciting person shall be increased additionally from one third to half the sentence. If the children are solicited for committing the crime, the existence of linear ancestral relationship is not seeked.
(3) If the person soliciting another for crime is unknown, the perpetrator or the other accomplice shall be sentenced to imprisonment from twenty years to twenty five years instead of life sentence in solitary confinement and with no possibility of parole, from fifteen years to twenty years life sentence. The sentences to be given in other condition may be deducted one third.
AIDING CRIME
Article 39 - (1) The person aiding the perpetrator of a crime for committing that crime, if the crime which is committed requires life sentence in solitary confinement and with no possibility of parole, shall be sentenced to imprisonment from ten fifteen years to twenty years; if it requires life sentence, he shall be sentenced to imprisonment from ten years to fifteen years. The half of the sentence shall be deducted in the other conditions. However, in this case the sentence to be given may not exceed eight years.
(2) A person is charged with being aider of a perpetrator because of the crime in the below situations:
a) To provoke for committing a crime or to empower the decision for committing a crime or to promise to give help after committing the act.
b) To guide the way to commit the crime or to provide the tools used in committing the act.
c) To facilitate committing the act by helping before or during committing the crime.
DEPENDANCE RULES
Article 40 - (1) The availability of an act committed deliberately and illegally is enough for connivance in a crime. Every person participating in the committing of a crime shall be sentenced for his own deficient act disregarding the personal reasons preventing the sentence of the others.
(2) In peculiar crimes only the person having the special perpetrator quality may be perpetrator. The other persons participating in committing these crimes are charged with solicitation or aiding.
(3) To be hold responsible from participating in a crime, it is required that the crime at least reaches the level of attempt.
VOLUNTARY RENUNCIATION IN CRIMES COMMITTED IN PARTICIPATION
Article 41 - (1) In crimes committed in participation, only the voluntarily renouncing accomplice benefits from the voluntary renunciation provisions.
(2) The voluntary renunciation provisions are also applied when the crime;
a) is not committed by another reason other than the efforts of the voluntary renouncing person,
b) is committed despite all the efforts of the voluntary renouncing person

DEATH OF SUSPECT OR CONVICT

ARTICLE 64.

1. In the event of death of suspect, the court shall decide to abatement of the criminal case. However, the criminal case may continue with regard to properties, which are subject to forfeiture, and material benefits and also the court may decide to confiscation of these.

2. In the event of death of suspect, prison sentences and fines, which have not executed yet, shall eliminate. However, an award which is related to forfeiture or litigation costs, and which becomes final, shall execute by court.

AMNESTY

ARTICLE 65.

1. In case of amnesty, the criminal case shall abate. All fines and penalties, which decided by court, shall eliminate with all legal conclusions.

2. Prison sentence may shorten or convert to fine or the imprisonment may execute in another place from execution office with remission of sentence.

3. Despite of remission of sentence, lack of rights with regard to penalty or which clarifies in award, shall continue with all effects.

The Calculation and Practice of Timeout:
ITEM 72. – (1) The timeout of lawsuit and penalty are determined by calculating day, month, and year. A day counts for twenty-four hours and a month counts for thirty days. Year is calculated according to the official calendar.
(2) Lawsuit and penalty timeout are performed officially and the suspect, the accused or the convict cannot abandon it.

The Offences of Investigation and Prosecution that are dependent on complaint, compromise
ITEM 73. – (1) If the authoritative person about the offences of investigation and prosecution that are dependent on complaint does not have a complaint within six months, investigation and prosecution cannot be made.
(2) Only on the condition of not exceeding the limits of timeout, this duration starts from the day when the person with the right of petition for redress knows the crime and the accused.
(3) If one person from several others who have the right of petition for redress extends the six-month time limit, the right of the others does not become invalid.
(4) Unless written otherwise, the crimes whose prosecution are dependent on complaint, if the person injured by the crime withdraws his/her action, this results in the abatement of the action and giving up a claim after the sentence becomes definite does not prevent carrying out of the decree.
(5) The abandonment of complaint about one of the accused who commits the crime with other participants comprises the others.
(6) Unless indicated otherwise in the law, abandonment does not affect the accused who does not accept it.
(7) If the dropping of the public lawsuit stems from when the person who has been injured by the crime withdraws the action and this person declares that he/she abandons his/her personal rights, the person cannot sue in the civil court.
(8) When the person who has been injured by the crime or the law juristic person, the crimes whose prosecution are dependent on complaint, on the condition that the perpetrator admits his/her guilt and pays the whole or most of the damage or eliminates it, and the wronged and the perpetrator come to an agreement with their free will, and when this matter is fixed by the public prosecutor or the judge, public lawsuit cannot be brought against.

The effect of the dropping of lawsuit or punishment
ITEM 74. – (1) General amnesty, personal pardon, and to give up one’s complaint do not necessitate taking back the things that are confiscated or the judicial law fine that is paid.
(2) The dropping of the public lawsuit does not affect taking back the property and the individual lawsuit that is brought against to indemnify the loss.
(3) Dropping of penalty does not affect the decrees that are related to indemnity and trial expenses. However, in case of general amnesty trial expenses cannot be requested.

ongorulen icin nacizhane onerim foreseen degil suggested kullanin, foreseen kelime anlami itibariyle biraz daha buyulu medyumvari bir durumu ifade eder ama yine de siz bilirsiniz

zamanasimi icin timeout kullanilmis prescription daha dogru bir ifade olacaktir kanimca

yataklik eden ya da yardimci icin aider kullanilmis associate daha dogru bir ifade olabilir

butun ceviriye yardimci olabilme adina vakit bulacagimi dusunmuyorum ukalali kgibi de algilanmasin ama ilk gozume carpanlar arasindan dikkatimi cektigi icin fikir beyan etmek istedim

saygilarimla

"Gonci" ve "superavukat"'a ait bölümler maalesef gelmedi. Bu kişilere ait maddeler hakkında bana yardımcı olursanız sevinirim.

çevirilerim yüzde 90 tamamlandı ancak çok sıkışık bir dönem geçiriyorum birkaç aydır , başına oturacak fırsat bulamadım tamamlamak için ,kalan kısmı da tamamlayıp en yakın zamanda gönderiyorum (3 gün içinde)

Seizure of Benefits
Article 55. – (1) Material benefits, which has been obtained in consequence of the commission of an offence or as the subject of the crime or provided for committing crime and incomes, which are arisen from the result of usage or conversion of these properties, may be seized. According to this provision, in order to have seizure decision, material benefits should be not refundable to the aggrieved party.

2) In the event of the property, which is the subject of the seizure, or material benefits could not confiscated or delivered to the related authority, the values which constitute that the remuneration of these shall be seized.

52.,53.,54., ve 56. maddeleri en kısa zamanda çevirip yollayacağım.

Saygılarımla,
Meral Akçınar

AKIL HASTALARINA ÖZGÜ GÜVENLİK TEDBİRLERİ
Security measures special to the mentally defected
Madde 57 - (1) Fiili işlediği sırada akıl hastası olan kişi hakkında, koruma ve tedavi amaçlı olarak güvenlik tedbirine hükmedilir. Hakkında güvenlik tedbirine hükmedilen akıl hastaları, yüksek güvenlikli sağlık kurumlarında koruma ve tedavi altına alınırlar.
Aiming preservation and cure ,Security measures are decided about the person who had been mentally defected by the time the act is commited. The mentally defected who have been decided on security measures are taken under preservation and cure in high security healing facilities.
(2) Hakkında güvenlik tedbirine hükmedilmiş olan akıl hastası, yerleştirildiği kurumun sağlık kurulunca düzenlenen raporda toplum açısından tehlikeliliğinin ortadan kalktığının veya önemli ölçüde azaldığının belirtilmesi üzerine mahkeme veya hâkim kararıyla serbest bırakılabilir.
The mentally defected who is decided on security measures may be released by the court or the judge’s decision over the report of the assembly ,which the person is located in , noting that their threat on society is no more or lowered greatly.
(3) Sağlık kurulu raporunda, akıl hastalığının ve işlenen fiilin niteliğine göre, güvenlik bakımından kişinin tıbbî kontrol ve takibinin gerekip gerekmediği, gerekiyor ise, bunun süre ve aralıkları belirtilir.
For security , according to the mental defect and the act commited , it is noted on the healt report, if the person needs medical care and obsevation , if needed how often and in which periods.
(4) Tıbbî kontrol ve takip, raporda gösterilen süre ve aralıklarla, Cumhuriyet savcılığınca bu kişilerin teknik donanımı ve yetkili uzmanı olan sağlık kuruluşuna gönderilmeleri ile sağlanır.
Medical control and observation of these people is provided by them being sent to the technically equipped and authorized health facility by the Public Prosecutor, within the periods and frequency noted on the report
(5) Tıbbî kontrol ve takipte, kişinin akıl hastalığı itibarıyla toplum açısından tehlikeliliğinin arttığı anlaşıldığında, hazırlanan rapora dayanılarak, yeniden koruma ve tedavi amaçlı olarak güvenlik tedbirine hükmedilir. Bu durumda, bir ve devamı fıkralarda belirlenen işlemler tekrarlanır.
When it is understood that the people along with their mental defect became a higher threat on society during the medical control and observation , according to the report prepared , for preservation and cure , security measures can be decided again. In this case , procedures told on first and continuing paragraphs are repeated.
(6) İşlediği fiille ilgili olarak hastalığı yüzünden davranışlarını yönlendirme yeteneği azalmış olan kişi hakkında birinci ve ikinci fıkra hükümlerine göre yerleştirildiği yüksek güvenlikli sağlık kuruluşunda düzenlenen kurul raporu üzerine, mahkûm olduğu hapis cezası, süresi aynı kalmak koşuluyla, kısmen veya tamamen, mahkeme kararıyla akıl hastalarına özgü güvenlik tedbiri olarak da uygulanabilir.
About the people whose ability to control their actions is decreased because of their sickness , according to first and second paragraphs , after the comity report prepared by the high security healing facility , The prisonment sentenced , in condition that the sentenced time stays the same , can be executed as security measures special to mental defected partially or completely by the court decision.
(7) Suç işleyen alkol ya da uyuşturucu veya uyarıcı madde bağımlısı kişilerin, güvenlik tedbiri olarak, alkol ya da uyuşturucu veya uyarıcı madde bağımlılarına özgü sağlık kuruluşunda tedavi altına alınmasına karar verilir. Bu kişilerin tedavisi, alkol ya da uyuşturucu veya uyarıcı madde bağımlılığından kurtulmalarına kadar devam eder. Bu kişiler, yerleştirildiği kurumun sağlık kurulunca bu yönde düzenlenecek rapor üzerine mahkeme veya hâkim kararıyla serbest bırakılabilir.
Being a security measure , Criminals ,who are alcohol or drug addicts, are decided to be taken care in health facilities specialised on alcohol and drug addiction. Healing of these people last until they are saved from the addiction. These people can be released by the court after the positive report of the healing facility they are placed
SUÇTA TEKERRÜR VE ÖZEL TEHLİKELİ SUÇLULAR
Recurrance on crime and special-threat criminal
Madde 58 - (1) Önceden işlenen suçtan dolayı verilen hüküm kesinleştikten sonra yeni bir suçun işlenmesi hâlinde, tekerrür hükümleri uygulanır. Bunun için cezanın infaz edilmiş olması gerekmez.
When a new crime is commited after the final judgement is decided on the previously commited crime , repetition clauses are executed. It is not necessary that the sentence had been carried out fort his.
(2) Tekerrür hükümleri, önceden işlenen suçtan dolayı;
Due to the previously commited crime , repetition clauses can not be exacuted ;
a) Beş yıldan fazla süreyle hapis cezasına mahkûmiyet hâlinde, bu cezanın infaz edildiği tarihten itibaren beş yıl,
In case of sentencement over five years in prison , five years after the carrying out of the sentence.
b) Beş yıl veya daha az süreli hapis ya da adlî para cezasına mahkûmiyet hâlinde, bu cezanın infaz edildiği tarihten itibaren üç yıl,
In case of sentencement to five or less years in prison or pecuniary penalty , three years after carrying out of this sentence.

Geçtikten sonra işlenen suçlar dolayısıyla uygulanmaz.
(3) Tekerrür hâlinde, sonraki suça ilişkin kanun maddesinde seçimlik olarak hapis cezası ile adlî para cezası öngörülmüşse, hapis cezasına hükmolunur.
In case of repetition , If there are both prisonment and pacuniary penalty sentences predicted alternatively , prisonment should be decided.
(4) Kasıtlı suçlarla taksirli suçlar ve sırf askerî suçlarla diğer suçlar arasında tekerrür hükümleri uygulanmaz. Kasten öldürme, kasten yaralama, yağma, dolandırıcılık, uyuşturucu veya uyarıcı madde imal ve ticareti ile parada veya kıymetli damgada sahtecilik suçları hariç olmak üzere; yabancı ülke mahkemelerinden verilen hükümler tekerrüre esas olmaz.
Repetition clauses cannot be considered between willful crimes and crimes commited by imprudence , also between military-only crimes and other crimes. Crimes other than : Felonious homicide , malicious injury , pillaging , fraudulency , drug manufacturing and dealing , and forgery in Money or seal , sentencements given by foreign courts can not be an issue of repetition.
(5) Fiili işlediği sırada onsekiz yaşını doldurmamış olan kişilerin işlediği suçlar dolayısıyla tekerrür hükümleri uygulanmaz.
Repetition clauses can not be executed on crimes commited by the people who were younger than eighteen while commiting them.
(6) Tekerrür hâlinde hükmolunan ceza, mükerrirlere özgü infaz rejimine göre çektirilir. Ayrıca, mükerrir hakkında cezanın infazından sonra denetimli serbestlik tedbiri uygulanır.
The sentences decided considering repetition are carried out by the way assigned to repetitors.
(7) Mahkûmiyet kararında, hükümlü hakkında mükerrirlere özgü infaz rejiminin ve cezanın infazından sonra denetimli serbestlik tedbirinin uygulanacağı belirtilir.
On the decision , it is noted that the criminal will be released under supervision after the sentence assigned to repetitors is carried out.

(8) Mükerrirlerin mahkûm olduğu cezanın infazı ile denetimli serbestlik tedbirinin uygulanması, kanunda gösterilen şekilde yapılır.
Execution of the repetitors and administration of probational release are done by the way noted on the law.
(9) Mükerrirlere özgü infaz rejiminin ve cezanın infazından sonra denetimli serbestlik tedbirinin, itiyadi suçlu, suçu meslek edinen kişi veya örgüt mensubu suçlu hakkında da uygulanmasına hükmedilir.
Probational releasing is also decided on habitual criminals , Professional criminals or members of criminal organisations After theExecution regym assigned to the repetitors and the sentence is carried out.

teşekkürler.Konuyu yeni HÇG'mize taşıyorum.

I would be very happy if someone told me that which article or articles I am supposed to translate

how many articles left? it seems done

BEN 18. MADDEYE KADAR ÇEVİRİ YAPTIM VE 31. MADDEYE DEK EDİT İŞLEMLERİNİ BİTİRDİM.GELEN MADDELERİ DE SIRASIYLA EKLEDİM.BAZI EKSİKLER VAR, ONLAR DA GELECEK VEYA BİZ TAMAMLAYACAĞIZ.

GERİSİNİ ÇALIŞKAN VE GENÇ MODERATÖRLERİMİZE BIRAKIYORUM.

KOLAY GELSİN, BAŞKACA YAPMAM GEREKEN OLURSA BURDAYIM!

Alıntı: TURKISH PENAL CODE Number :5237 Date of Enactment: 29.06.2004 BOOK ONE GENERAL PROVISIONS SECTION 1 Basic Principles, Terms and Scope of Applicability Part 1 Basic Principles and Terminology Purpose of the Code Article 1. – (1) The purpose of this Code is to prevent commission of crimes and to protect human rights and freedoms, public order and security, public health, environment and the social peace. This Code stipulates the basic principles of penal liability, crimes and safety measures for the realization of these purposes. No Punishment without a Law Article 2. - (1) An act may only be punished or be subject to a safety measure if its punishability was explicitly determined by law. No punishment or a safety measure can be applied other than those which are provided for by the law. (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.The provisions stipulating crimes and punishments cannot be interpreted widely to lead to analogy. Equity before the Law and Justice Article 3 . - (1) The punishments and the safety measures shall be proportionate with the gravity of the conduct committed. (2) For the purposes of this act, no one could be granted privileges nor be subject to discrimination depending upon his race, language, religion, sect, nationality, political or any other thoughts, philosophical belief, national or social origin, birth and economical or social statues. Compulsory Nature of the Law Article 4 - (1) Lack of knowledge relating to the existence of the penal laws cannot be deemed as a valid excuse to avoid punishment. . (2) (repealed) Private Statutes Article 5 - (1) The general provisions of this Code shall be applied for the private penal laws and the crimes which were regulated by the other statutes. Definitions Article 6 – (1) For the purposes of this law : a)Citizen : shall mean the person who is Turkish in the time of the conduct; b) Minor : shall mean the person who is under eighteen years of age; c) Public official : shall mean the person who participates within the operation of public service as permanently, periodically or transitionally either by way of being elected or nominated or by any reasons. d) Judiciary : shall mean the attorneys; judges and public prosecutors and the associate judges of the High Courts, Common, Military and Administrative courts. e) Night Time : shall mean the period which embarks upon one hour later than the sunset and ends one hour earlier than the sunrise. f) Weapon shall mean : 1. Fire Arms 2. Explosives 3. Any kind of cutter, penetrative or bruisor tool which are made to be used for assault or defence 4. Other tools that are capable to be used in assault or defence even they were not made for those purposes. 5. Nuclear, radioactive , chemical and biological material which are of igniter, corrosive, scathing, suffocating and intoxicating nature and which may cause permanent disease. g) By way of Press and Publication: shall mean any kind of publication broadcasted by written, visual, audio and electronically mass media. h)Habitual Criminal : shall mean the person who has committed an intentional offence or its aggravated or mitigated forms in different times more than once a year . ı)Professional Criminal : shall mean the person who is used to earn his life by takings of criminal acts. j) Organized Criminal : shall mean the person who sets up, administers, involves or commits crimes solely or jointly on behalf of an organization . Part 2 AREA OF APPLICABILITY Temporal Applicability Article 7. - [1] No one may be punished or be subject to safety measures for an act which is not deemed by explicit stipulations of law as a crime in the time of the act. No one also may be punished or be subject to safety measures for an act which is not deemed as a crime by law passed after the time of commission. The execution or the legal consequences of such a punishment or a safety measure shall be per se abolished. [2] In case the legal provisions of the new Acts and the Acts which were in force in the time of the commission differ , the ones which are favourable for the perpetrator are applicable and executable. [3] (Amended by the Act. No. 5377, dated 08.07.2005) Save the provisions regarding the probation, adjournment of punishment and repetition of crimes; the provisions of this Act pertaining to punishment regime shall be applied in praesenti. [4] The provisional and periodic Acts shall be applied for the offences which are perpetrated during the term of their application. Territorial Applicability Article 8. [1] Turkish law is applicable to all offences committed on the territory of Turkey.The crime shall be deemed to have been committed in Turkey where either its act in part or total or consequences of which occurred within Turkey. [2] The offence shall be deemed to have been committed in Turkey if it was committed : a) In the Turkish continent and air space or territorial waters, b) In or by the Turkish ships or aircrafts in the high sea or within its air space, c) In or by the Turkish battle ships or aircrafts, d) In or against the stationary platforms built in the continental shelf or exclusive economic zone of Turkey. Foreign Sentence Article 9. [1] A person who has been sentenced in the foreign countries due to an offence committed in Turkey shall be re-judged in Turkey. Occupational Offences Article 10. [1] A person who is in charge of a formal occupation or a mission on behalf of Turkey commits an occupational offence in the Foreign countries shall be re-judged in Turkey, notwithstanding even a conviction decision rendered by a foreign Court due to this offence. Crime Committed by Citizen Article 11.[1] A Turkish citizen shall be punished via the Turkish law, save the crimes laid down by the Art. 13, if the crime punishable with at least one year of imprisonment was committed in a foreign country and the perpetrator is stationed in Turkey, provided that a foreign sentence was not given due to the offence and the prosecution is probable. [2] In case the crime punishable with a minimum term of less than one year is committed in abroad, the prosecution is subject to complaint by the victim or the competent authorities of the foreign country. In such case, the complaint is limited with a period of 6 months which embarks upon the date the citizen entered in Turkey. Crime Committed by a Foreigner Article 12. [1] A foreigner shall be punished via the Turkish law, save the crimes laid down by the Art. 13, if the crime punishable with at least one year of imprisonment was committed in a foreign country to the detriment of Turkey and the perpetrator is stationed in Turkey.The prosecution is subject to a formal request by Minister of Justice. [2] The perpetrator shall be punished via the Turkish law on victim's complaint, in case the crime mentioned in the above paragraph was committed in abroad to the detriment of a Turkish citizen or a legal person established according to Turkish law, provided that a foreign sentence was not rendered due to the very crime and the perpetrator is stationed in Turkey. [3] In case the victim is a foreigner, the perpetrator shall be prosecuted on a formal request of Minister of Justice, in case : a) The crime committed is punishable with a minimum term not less than 3 years of imprisonment, b) Lack of an agreement of extradition or the formal request of extradition is not accepted by the governments of either the Country of perpetrator's origin or the act was accomplished. [4] A re-trial shall be made due to an offence stipulated by the first paragraph of this Article on a formal request by the minister of justice for the foreigner who has been sentenced or acquitted or whose act that is no more indictable or case or punishment is cleared . Other Offences Article 13. [1] Turkish law should be applied for the following offences providing that the act was committed abroad by either a citizen or a foreigner: a) Offences laid down under the First Section of the Book Two, b) Offences laid down by the third, fourth, fifth, sixth, seventh and eighth parts under the Fourth Section of the Book Two, c)Torture (Articles 94,95) d) Willfully Causing of Environmental Pollution (Art. 181) e)Production or trafficking in Drugs or other stimulant's (Art. 188), or facilitating use of drugs or other stimulants. f) Money Counterfeiting (Art. 197), production or trafficking of means designed for the manufacturing of money or seals (Art. 200), forgery of seal of the State (Art. 202) g) Prostitution (Art. 227) h) Bribery (Art. 252) i) Hijacking or taking over of aviation, railway or seaway vehicles of transport (Art. 223, paragraphs 2,3) or destruction or defacing offences committed against these vehicles.(Art. 152) [2] (Amended by the Act. No. 5377, dated 08.07.2005) Prosecution due to the offences laid down via the first paragraph is subject due a formal request by the Minister Of Justice, excepting the offences laid down by the third, fourth, fifth, sixth and seventh sections under the Fourth Section of the Book Two. [3] ] A re-trial shall be made due the offences stipulated by the provisions (a) and (b) of the first paragraph of this Article on a formal request by the Minister Of Justice, notwithstanding a sentence or acquittal decision was rendered abroad. Prosecution as per the Optional Punishments Article 14 . [1] No prosecution or preliminary inquiry shall be held for the cases stipulated by the Articles 11 and 12 , providing the jail sentence and legal fines were envisaged as optional punishments by the Article laying down the very offence. Calculation of the Penalty Requisite for Prosecution Article 15 . [1] The term of the penalty which is particularly deemed a requisite for prosecution shall be calculated by taking into consideration both the lower limits of the legal aggravating circumstances and the upper limits of the legal mitigating circumstances which were alleged during the prosecution. Deduction of Sentence Article 16 . [1] The period elapsed during the arrest, custody, detention or conviction for an offence committed anywhere in abroad, shall be deducted from the sentence which is to be sent up by the Turkish Courts for the very offence. Deprivation of Rights Article 17. [1] The Court shall render on a formal request by the public prosecutor that the legal consequences regulated via Turkish Law shall be applicable in the cases stipulated by the above mentioned Articles, provided that the judgment rendered abroad envisages deprivation of rights due to the Turkish Laws and which is in conformity with the Turkish Law Order . Extradition Art. 18 [1] A foreigner who has been convicted or subjected to a penal investigation due to an offence committed or alleged to have been committed abroad may be exradited on a formal request by the foreign Country.However, extradition is not possible, if the alleged offence : a) Is not deemed as a penal crime by the Turkish law, b) Is of a military or political nature or pertains to the right to freedom of expression, c) Committed against the national security of Turkish State or to the detriment of the Turkish State or a Turkish citizen or a legal person established pursuant to the Turkish Law, d)Falls within the criminal jurisdiction of Turkey, e) Is not statute-barred or covered by amnesty. [2] A citizen cannot be extradited to a foreign country due to an offence , save the obligations deriving from being subject to the International Criminal Court’s jurisdiction. [3] The extradition demand should not be accepted if there are strong indications that the person shall be prosecuted, punished, exposed to torture or bad treatment because of his ethnicity, religion, citizenship, political beliefs and being a member of a social group. [4] The criminal court of the place where the person is situated shall decide on the matter of extradition according to this article and international conventions to which Turkey is a party. This decision is appealable. [5] If the court accepts the extradition demand , this decision shall be executed upon the resolution of the Counsel of Ministers. [6] A decision can be taken according to the stipulations of international conventions to which Turkey is a party about whether the safety measures shall be applied for the person whose extradition is demanded. [7] If extradition is granted upon the demand, a decision of arrest also can be taken or other safety measures can be applied pursuant to the Penal Procedure Act. [8] In case of extradition, the person can only be tried or his sentence can only be executed for the crimes upon which the extradition decision is based. Relevance of the Foreign Law Article 19 [1] The penalty adjudicated according to Turkish law cannot surmount the maximum penalty envisaged in the country where the crime is committed when judging crimes committed outside the scope of sovereignty of Turkey. [2] The first paragraph of this article shall not be applied in case the crime was committed: a) Against the security of Turkey or in detriment of the security of Turkey, b) Against a Turkish citizen or in detriment of a legal person founded pursuant to Turkish Law. SECTION 2 Principles of Criminal Liability PART ONE Personal Character of Criminal Liability, Intention and Negligence Personal Character of Criminal Liability Article 20. – [1] Criminal Liability is strictly personal. No one can be held criminally liable for acts of others. [2] No criminal sanction can be applied against legal persons. However, safety measures stipulated by law attributable to an offence are excepted. Intention Article 21. – [1] Intention is obligatory to establish a crime . Intention is the accomplishment of the constituting elements of the legal definition of a crime consciously and on purpose. [2] A person shall be deemed to have been acted with probable intention in case he acts envisaging the legally constituting elements of the crime can be realised. In such a case, an aggravated life sentence will be reduced to a life sentence and a life sentence will be reduced to a sentence of 20 to 25 years. The reduction is one third of the main sentence for the rest of the other offences. Negligence Article 22. – [1] Acts of negligence can only be penalized if the punishability was strictly laid down by law. [2] Negligence is the accomplishment of the result of a legally defined crime without envisaging this due to a lack of prudence and diligence. [3] There is conscious negligence if the result envisaged by the perpetrator occurs notwithstanding the act was not intentional; In this case the sentence will be increased by one third to half. [4] The penalty of negligence shall be determined in proportion of the perpetrator’s fault. [5] Every person will each be personally liable for his own fault when more than one persons commit a crime by negligence. The penalty of each person will be determined separately as regards his fault. [6] No penalty shall be inflicted for a person if the result occurred due to a negligent act has victimized the perpetrator because of such reasons pertaining to his personal and family ties and thus the punishment became unnecessary. The penalty will be reduced to one half or one sixth in case of conscious negligence. Aggravated Crime Due to the Consequence Article 23. – [1] If an act leads to a consequence which is different or more serious than what was attempted, at least action by negligence is required in order to hold the perpetrator criminally liable for the result occurred. . PART TWO Grounds For Elimination or Mitigation of Liability Legal prescript and order from a superior Article 24 [1] A person is not criminally liable due to an act stipulated or authorised by law. [2] A person is not criminally liable who performs an action ex officio and commanded by a lawful authority. [3] An order which is of a criminal nature shall not be executed under no circumstances. Otherwise, the person who gives the order and the person who executes it will be both liable. (4) The superior shall be solely liable for the performance of the illegal order the legality of which cannot be questioned due to the existing law. Self-defense and Case of Necessity ARTICLE 25. - (1) A person is not criminally liable for the acts of defence which are deemed as necessary to avert the danger under the existing circumtances and which are proportionate with the existing, imminent or repetitive unjustified attack against himself or against the rights of others. (2) A person is not criminally liable if confronted with a serious or imminent danger to himself, another person or property, he performs an act necessary to ensure the safety of the person or property, except where the instruments used are not proportionate with the gravity of the threat and except the danger was not caused deliberately by the perpetrator himself. Exercise of right and consent of the Victim ARTICLE 26. - (1) No one can be penalized only for exercising his own right. (2) No one can be penalized due to an act performed upon the consent of the victim regarding the rights which are within his full disposal. Crossing the limits ARTICLE 27. - (1) If a person unvoluntarily crosses the limits in the cases of justifiable grounds of elimination of criminal liability, the penalty will be reduced to one sixth till one third of the sum prescribed by law, providing the punishabitily of the action was stipulated by law when performed with negligence. (2) In case of lawful self-defense there will be no penalty if limits are crossed by justifiable excitement, fear or agitation. Use of force and pressure, intimidation and threat ARTICLE 28. - (1) There will be no penalty for crimes committed as a result of irresistible or ineluctable use of force or pressure or a serious and imminent intimidation or threat. In these cases the person who exercised use of force and violence, intimidation and threat will be regarded as the offender. Unjustifiable Incitement ARTICLE 29. - (1) A person who commits a crime under the influence of anger or severe pain caused by an unjustifiable incitement, shall be convicted to a sentence of 18 till 24 years in stead of an aggravated life sentence and 12 till 18 years in stead of a life sentence. In other cases there will be a reduction of the penalty by one fourth till three fourth. Fault ARTICLE 30. - (1) A person who is not aware of the substantial elements of the legal definition of a crime, cannot be deeemed to have acted on purpose. The liability with negligence due to this fault is excepted. (2) A person may avail himself of the fault who makes a mistake regarding the fulfillment of causes of increase or decrease of the penalty. (3) A person may avail himself of the fault who inevitably makes a mistake regarding the realization of the requirements of the grounds of elimination or mitigation of the liabiltiy. [4] (Inserted by the Act. No. 5377, dated 08.07.2005) A person cannot be penalized in case he inevitably makes a mistake on the illegality of the act performed. Minority ARTICLE 31. - (1) Minors who are under age of 12 years in the commission of the act do not hold the criminal liability.There can be no criminal prosecution against those, yet the safety measures specific to minors can be applied. (2) No criminal liability can be attributed for those who are above the age of 12 years but under the age of 15 years, providing that they cannot perceive the legal meaning and consequences of the act or they do not have the sufficient capacity of self-determination. However safety measures specific to children can be taken. If able to understand his deed and having self-determination regarding this deed, their penalty will be reduced: aggravated life sentence to a penalty of nine to twelve years, life sentence to a penalty of seven till nine years. Other penalties will be reduced by two third, in this case the maximum penalty for each deed will be maximum six years. (3) If at the time of performing the deed a person has already reached the age of fifteen years but not the age of eighteen years, his penalty will be reduced: aggravated life sentence to a penalty of fourteen to twenty years, life sentence to a penalty of nine till twelve years. Other penalties will be reduced by one half, in this case the maximum penalty for each deed will be maximum eight years. Mental illness ARTICLE 32. - (1) . A person will not be penalized if he did not perceive the legal meaning and consequences of his action or if his capacity of self-determination was substantially decreased because of mental illness. However, safety precautions will be taken regarding these persons. (2) Not being in the degree as mentioned in the first paragraph, if one’s capacity of self-determination was substantially decreased, the penalty of aggravated life sentence will be transformed into a 25 years imprisonment, a life sentence will be transformed into a 20 years sentence. In other cases, the penalty will be reduced by maximum one sixth. The penalty, on the condition that the duration remains identical, may be executed as a safety precaution for mental illness patients. Deaf-mute ARTICLE 33. - (1) This Code will also be applied regarding deaf-mutes as follows: Stipulations regarding minors under the age of 12 years will be applied to deaf-mutes under the age of 15 years, stipulations regarding minors older than 12 years and less than 15 years will be applied to deaf-mutes older than 15 years but less than 18 years, stipulations regarding minors older than 15 years bur less than 18 years will be applied to deaf-mutes older than 18 years but less than 21 years. Temporary causes, alcohol or narcotic intoxication ARTICLE 34. - (1) A person will not be penalized if he did not perceive the legal meaning and consequences of his action or if his capacity of self-determination was substantially decreased. (2) If the use of alcohol or narcotics was deliberate, the first paragraph will not be applicable for the committed crime. ------------------ PART THREE: ATTEMPT FOR CRIME ATTEMPT FOR CRIME Article 35 - (1) A person is charged for the attempt for crime if he directly starts committing a crime deliberately with the appropriate actions but cannot complete it because of the unwilling reasons. (2) In case of committing a crime, the perpetrator, according to the severity of the damage or threat which occurred, is sentenced to imprisonment from thirteen years to twenty years instead of life sentence in solitary confinement and with no possibility of parole, from nine years to fifteen years life sentence. In the other conditions, the sentence to be given is decreased from one-fourth to three fourths. VOLUNTARY RENUNCIATION Article 36 - (1) If the perpetrator desists from committing the crime voluntarily or prevents the completion or the result of the crime with his own efforts, he shall not be sentenced because of attempting; however if the completed part constitutes a crime, he shall be sentenced for that particular crime. PART FOUR: CONNIVANCE IN A CRIME PERPETRATION Article 37 - (1) Each of the persons who perform the act in the legal description of the crime will be responsible. (2) The person who benefits from another person, as an accessory shall be charged as a perpetrator. The sentence of the person who makes use of the persons not qualified for legal negligence, as accessories shall be increased additionally from one third to half the sentence. SOLICITATION Article 38 - (1) The person who solicits another one to commit the crime shall be sentenced with that particular crime. (2) In case of solicitation for crime by using the influence resulting from the lineal ancestors, the sentence of the soliciting person shall be increased additionally from one third to half the sentence. If the children are solicited for committing the crime, the existence of linear ancestral relationship is not seeked. (3) If the person soliciting another for crime is unknown, the perpetrator or the other accomplice shall be sentenced to imprisonment from twenty years to twenty five years instead of life sentence in solitary confinement and with no possibility of parole, from fifteen years to twenty years life sentence. The sentences to be given in other condition may be deducted one third. AIDING CRIME Article 39 - (1) The person aiding the perpetrator of a crime for committing that crime, if the crime which is committed requires life sentence in solitary confinement and with no possibility of parole, shall be sentenced to imprisonment from ten fifteen years to twenty years; if it requires life sentence, he shall be sentenced to imprisonment from ten years to fifteen years. The half of the sentence shall be deducted in the other conditions. However, in this case the sentence to be given may not exceed eight years. (2) A person is charged with being aider of a perpetrator because of the crime in the below situations: a) To provoke for committing a crime or to empower the decision for committing a crime or to promise to give help after committing the act. b) To guide the way to commit the crime or to provide the tools used in committing the act. c) To facilitate committing the act by helping before or during committing the crime. DEPENDANCE RULES Article 40 - (1) The availability of an act committed deliberately and illegally is enough for connivance in a crime. Every person participating in the committing of a crime shall be sentenced for his own deficient act disregarding the personal reasons preventing the sentence of the others. (2) In peculiar crimes only the person having the special perpetrator quality may be perpetrator. The other persons participating in committing these crimes are charged with solicitation or aiding. (3) To be hold responsible from participating in a crime, it is required that the crime at least reaches the level of attempt. VOLUNTARY RENUNCIATION IN CRIMES COMMITTED IN PARTICIPATION Article 41 - (1) In crimes committed in participation, only the voluntarily renouncing accomplice benefits from the voluntary renunciation provisions. (2) The voluntary renunciation provisions are also applied when the crime; a) is not committed by another reason other than the efforts of the voluntary renouncing person, b) is committed despite all the efforts of the voluntary renouncing person FİFTH PARTH GATHERİNG OFFENSE AERİCLE 42(1): An offense, forming elements or aggravated circumstances of the other as a consequence settled one act called a compound offense İn this type of offenses, gathering provisions shall not apply. JOİNT/CHAİNED OFFENSE ARTİCLE 43-(1): With in context of a decide of commit an offense , in case of comitted offenses against same person more than once in different times ,there shall be impose a penalty But this penalty shall be elevated by one forth till three fourth Basic shape and qualified shape which demand graver or light penalty of an offense is settled same offense. İn Offenses which undefined victims , this sentence shall be apply (2) İn case of same offenses, comitted more than one person, first paragraph sentence shall be aply (3) İn crime of felonious homicide, malicious injury, torture… and looting , these article provisions shall not apply İNTELLECTUAL GATHERİNG ARTİCLE 44(1): A person , comitted an act, causes to gave occassion more than one suspenses, shall be penaltized from these suspenses which demand gravest penalty SECTİON 3: PROVİSİONS PART 1: PENALTİES PENALTİES: ARTİCLE 45: Penalties, apply sanctions in consideration of an offense , are penalty of jail sentences and adminstrative fines JAİL SENTENCES ARTİCLE 46: (1) Thesa are jail sentences: a-) Penalty of aggravated life sentences b-) Penalty of life sentences c-) Term penalties 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. TCK 53 - Deprivation Of Specific Rights [1] A person who is sentenced for an intentional crime shall thus be deprived of the following rights; a) The right to hold a position in the state organs permanently, periodically or transitionally; this prohibition consists of all kind of civil services such as being a member of the Turkish General National Assembly and those which are subject to appointment or election delegated by State, Provinces, Municipalities, Villages and bodies and institutions regulated or supervised by them. b) The right to elect and capacity to be elected and other political rights, c) The right to parental authorities; and the right to be appointed as a curator or trustee, d)The right to hold a leading position such as a manager or supervisor in political parties, cooperatives, companies, labor organizations, associations or a foundations, e) The right to carry on a profession or artistry, the operation of which is subject to a formal permission of a public organization or a semi-official occupational organization under his own liability as a self-employed or as a merchant. [2] The person shall be deprived of the abovementioned rights until the execution of the related judicial sentence is accomplished. [3] The above provisions shall not be applied for the person who is released on probation or whose sentence is suspended in terms of the parental authorities on his heir such as guardianship, curatorship and trusteeship. [4] The first provision of this Article is not applicable for those whose short-term imprisonment is suspended or who is under eighteen years of age in the time of the commission of the crime. [5] In case the crime is perpetrated through abuse of rights and authorities enumerated in the first provision and the person is sentenced as a consequence of such an offence, the perpetrator shall be ruled to be deprived of these rights for an additional term embarking upon the time of execution of the sentence in proportion of half to whole of the penalty .In case the crime is perpetrated through abuse of rights and authorities and the person is sentenced solely to legal fine, the judge shall decide to the deprivation of these rights in proportion of half to whole of the penalty term determined by the judgment. The deprivation term applied through the finalization of the judgment shall embark upon the execution of the fines entirely. [6] If the person is sentenced due to an offence committed negligently in contradiction of the obligation to observe prudence and diligence envisaged by traffic order or a specific profession or artistry, the judge may then prohibit the perpetrator to carry out the related business or confiscate his driving license for a period of not less than 3 months to a maximum period of 3 years. This prohibition and confiscation decisions shall be applicable on the finalization of the judgment and the deprivation term is to embark upon the execution of the complete sentence. Seizure of Benefits Article 55. – (1) Material benefits, which has been obtained in consequence of the commission of an offence or as the subject of the crime or provided for committing crime and incomes, which are arisen from the result of usage or conversion of these properties, may be seized. According to this provision, in order to have seizure decision, material benefits should be not refundable to the aggrieved party. 2) In the event of the property, which is the subject of the seizure, or material benefits could not confiscated or delivered to the related authority, the values which constitute that the remuneration of these shall be seized. AKIL HASTALARINA ÖZGÜ GÜVENLİK TEDBİRLERİ Security measures special to the mentally defected Madde 57 - (1) Fiili işlediği sırada akıl hastası olan kişi hakkında, koruma ve tedavi amaçlı olarak güvenlik tedbirine hükmedilir. Hakkında güvenlik tedbirine hükmedilen akıl hastaları, yüksek güvenlikli sağlık kurumlarında koruma ve tedavi altına alınırlar. Aiming preservation and cure ,Security measures are decided about the person who had been mentally defected by the time the act is commited. The mentally defected who have been decided on security measures are taken under preservation and cure in high security healing facilities. (2) Hakkında güvenlik tedbirine hükmedilmiş olan akıl hastası, yerleştirildiği kurumun sağlık kurulunca düzenlenen raporda toplum açısından tehlikeliliğinin ortadan kalktığının veya önemli ölçüde azaldığının belirtilmesi üzerine mahkeme veya hâkim kararıyla serbest bırakılabilir. The mentally defected who is decided on security measures may be released by the court or the judge’s decision over the report of the assembly ,which the person is located in , noting that their threat on society is no more or lowered greatly. (3) Sağlık kurulu raporunda, akıl hastalığının ve işlenen fiilin niteliğine göre, güvenlik bakımından kişinin tıbbî kontrol ve takibinin gerekip gerekmediği, gerekiyor ise, bunun süre ve aralıkları belirtilir. For security , according to the mental defect and the act commited , it is noted on the healt report, if the person needs medical care and obsevation , if needed how often and in which periods. (4) Tıbbî kontrol ve takip, raporda gösterilen süre ve aralıklarla, Cumhuriyet savcılığınca bu kişilerin teknik donanımı ve yetkili uzmanı olan sağlık kuruluşuna gönderilmeleri ile sağlanır. Medical control and observation of these people is provided by them being sent to the technically equipped and authorized health facility by the Public Prosecutor, within the periods and frequency noted on the report (5) Tıbbî kontrol ve takipte, kişinin akıl hastalığı itibarıyla toplum açısından tehlikeliliğinin arttığı anlaşıldığında, hazırlanan rapora dayanılarak, yeniden koruma ve tedavi amaçlı olarak güvenlik tedbirine hükmedilir. Bu durumda, bir ve devamı fıkralarda belirlenen işlemler tekrarlanır. When it is understood that the people along with their mental defect became a higher threat on society during the medical control and observation , according to the report prepared , for preservation and cure , security measures can be decided again. In this case , procedures told on first and continuing paragraphs are repeated. (6) İşlediği fiille ilgili olarak hastalığı yüzünden davranışlarını yönlendirme yeteneği azalmış olan kişi hakkında birinci ve ikinci fıkra hükümlerine göre yerleştirildiği yüksek güvenlikli sağlık kuruluşunda düzenlenen kurul raporu üzerine, mahkûm olduğu hapis cezası, süresi aynı kalmak koşuluyla, kısmen veya tamamen, mahkeme kararıyla akıl hastalarına özgü güvenlik tedbiri olarak da uygulanabilir. About the people whose ability to control their actions is decreased because of their sickness , according to first and second paragraphs , after the comity report prepared by the high security healing facility , The prisonment sentenced , in condition that the sentenced time stays the same , can be executed as security measures special to mental defected partially or completely by the court decision. (7) Suç işleyen alkol ya da uyuşturucu veya uyarıcı madde bağımlısı kişilerin, güvenlik tedbiri olarak, alkol ya da uyuşturucu veya uyarıcı madde bağımlılarına özgü sağlık kuruluşunda tedavi altına alınmasına karar verilir. Bu kişilerin tedavisi, alkol ya da uyuşturucu veya uyarıcı madde bağımlılığından kurtulmalarına kadar devam eder. Bu kişiler, yerleştirildiği kurumun sağlık kurulunca bu yönde düzenlenecek rapor üzerine mahkeme veya hâkim kararıyla serbest bırakılabilir. Being a security measure , Criminals ,who are alcohol or drug addicts, are decided to be taken care in health facilities specialised on alcohol and drug addiction. Healing of these people last until they are saved from the addiction. These people can be released by the court after the positive report of the healing facility they are placed SUÇTA TEKERRÜR VE ÖZEL TEHLİKELİ SUÇLULAR Recurrance on crime and special-threat criminal Madde 58 - (1) Önceden işlenen suçtan dolayı verilen hüküm kesinleştikten sonra yeni bir suçun işlenmesi hâlinde, tekerrür hükümleri uygulanır. Bunun için cezanın infaz edilmiş olması gerekmez. When a new crime is commited after the final judgement is decided on the previously commited crime , repetition clauses are executed. It is not necessary that the sentence had been carried out fort his. (2) Tekerrür hükümleri, önceden işlenen suçtan dolayı; Due to the previously commited crime , repetition clauses can not be exacuted ; a) Beş yıldan fazla süreyle hapis cezasına mahkûmiyet hâlinde, bu cezanın infaz edildiği tarihten itibaren beş yıl, In case of sentencement over five years in prison , five years after the carrying out of the sentence. b) Beş yıl veya daha az süreli hapis ya da adlî para cezasına mahkûmiyet hâlinde, bu cezanın infaz edildiği tarihten itibaren üç yıl, In case of sentencement to five or less years in prison or pecuniary penalty , three years after carrying out of this sentence. Geçtikten sonra işlenen suçlar dolayısıyla uygulanmaz. (3) Tekerrür hâlinde, sonraki suça ilişkin kanun maddesinde seçimlik olarak hapis cezası ile adlî para cezası öngörülmüşse, hapis cezasına hükmolunur. In case of repetition , If there are both prisonment and pacuniary penalty sentences predicted alternatively , prisonment should be decided. (4) Kasıtlı suçlarla taksirli suçlar ve sırf askerî suçlarla diğer suçlar arasında tekerrür hükümleri uygulanmaz. Kasten öldürme, kasten yaralama, yağma, dolandırıcılık, uyuşturucu veya uyarıcı madde imal ve ticareti ile parada veya kıymetli damgada sahtecilik suçları hariç olmak üzere; yabancı ülke mahkemelerinden verilen hükümler tekerrüre esas olmaz. Repetition clauses cannot be considered between willful crimes and crimes commited by imprudence , also between military-only crimes and other crimes. Crimes other than : Felonious homicide , malicious injury , pillaging , fraudulency , drug manufacturing and dealing , and forgery in Money or seal , sentencements given by foreign courts can not be an issue of repetition. (5) Fiili işlediği sırada onsekiz yaşını doldurmamış olan kişilerin işlediği suçlar dolayısıyla tekerrür hükümleri uygulanmaz. Repetition clauses can not be executed on crimes commited by the people who were younger than eighteen while commiting them. (6) Tekerrür hâlinde hükmolunan ceza, mükerrirlere özgü infaz rejimine göre çektirilir. Ayrıca, mükerrir hakkında cezanın infazından sonra denetimli serbestlik tedbiri uygulanır. The sentences decided considering repetition are carried out by the way assigned to repetitors. (7) Mahkûmiyet kararında, hükümlü hakkında mükerrirlere özgü infaz rejiminin ve cezanın infazından sonra denetimli serbestlik tedbirinin uygulanacağı belirtilir. On the decision , it is noted that the criminal will be released under supervision after the sentence assigned to repetitors is carried out. (8) Mükerrirlerin mahkûm olduğu cezanın infazı ile denetimli serbestlik tedbirinin uygulanması, kanunda gösterilen şekilde yapılır. Execution of the repetitors and administration of probational release are done by the way noted on the law. (9) Mükerrirlere özgü infaz rejiminin ve cezanın infazından sonra denetimli serbestlik tedbirinin, itiyadi suçlu, suçu meslek edinen kişi veya örgüt mensubu suçlu hakkında da uygulanmasına hükmedilir. Probational releasing is also decided on habitual criminals , Professional criminals or members of criminal organisations After theExecution regym assigned to the repetitors and the sentence is carried out. Discretionary matter in mitigation Article 62 (1) In case of the discretionary matter, which shall mitigate the punishment and be advantage for perpetrator, instead of heavy life imprisonment, life imprisonment; instead of life imprisonment, twenty-five years punishment of imprisonment, shall be given. (2) Can be taken into consideration, the background of perpetrator, the social relations, behaviours of perpetrator which is after the act and during the trial, the possible punishment effects on perpetrators future and the like factors, as a discretionary matter in mitigation. Set-Off Article 63 The periods which had been spent because of drawing a conclusion of punishments restricting personal liberty and before the sentence not to conclusive, shall be reduced from punishment of imprisonment sentence. Shall be made reduction from this punishment, one day be considered as a hundred Turkish New Million, when be given judicial fine decision. Abatment of acuse and penalty Article 64 (1) In the case of suspect’s death,it is decide to overthrown of the criminal case.However,the law suit about the goods subject to confiscation regarding their qualities and meterial benefits can be continued and decide to conviscate them. (2) Convict’s death eleminates jail sentence and judical money penalty that are not executed yet.However, sentence is executed which is decided after death is about conviscation and trial expenditures. Discharge Article 65 (1) In case of amnesty,criminal case abates,sentential penalties disappear with all results. (2) With remission of a sentence, the enforcementof the jail sentencein the execution assosiation can bebrought into an end or the time period of the enforcement in theexecution assosiation can be shortened or can be turned into judical Money penalty. (3) Right depreviations which are mentioned in code or depend upon to punishments continou their effects. DEATH OF SUSPECT OR CONVICT ARTICLE 64. 1. In the event of death of suspect, the court shall decide to abatement of the criminal case. However, the criminal case may continue with regard to properties, which are subject to forfeiture, and material benefits and also the court may decide to confiscation of these. 2. In the event of death of suspect, prison sentences and fines, which have not executed yet, shall eliminate. However, an award which is related to forfeiture or litigation costs, and which becomes final, shall execute by court. AMNESTY ARTICLE 65. 1. In case of amnesty, the criminal case shall abate. All fines and penalties, which decided by court, shall eliminate with all legal conclusions. 2. Prison sentence may shorten or convert to fine or the imprisonment may execute in another place from execution office with remission of sentence. 3. Despite of remission of sentence, lack of rights with regard to penalty or which clarifies in award, shall continue with all effects. The Calculation and Practice of Timeout: ITEM 72. – (1) The timeout of lawsuit and penalty are determined by calculating day, month, and year. A day counts for twenty-four hours and a month counts for thirty days. Year is calculated according to the official calendar. (2) Lawsuit and penalty timeout are performed officially and the suspect, the accused or the convict cannot abandon it. The Offences of Investigation and Prosecution that are dependent on complaint, compromise ITEM 73. – (1) If the authoritative person about the offences of investigation and prosecution that are dependent on complaint does not have a complaint within six months, investigation and prosecution cannot be made. (2) Only on the condition of not exceeding the limits of timeout, this duration starts from the day when the person with the right of petition for redress knows the crime and the accused. (3) If one person from several others who have the right of petition for redress extends the six-month time limit, the right of the others does not become invalid. (4) Unless written otherwise, the crimes whose prosecution are dependent on complaint, if the person injured by the crime withdraws his/her action, this results in the abatement of the action and giving up a claim after the sentence becomes definite does not prevent carrying out of the decree. (5) The abandonment of complaint about one of the accused who commits the crime with other participants comprises the others. (6) Unless indicated otherwise in the law, abandonment does not affect the accused who does not accept it. (7) If the dropping of the public lawsuit stems from when the person who has been injured by the crime withdraws the action and this person declares that he/she abandons his/her personal rights, the person cannot sue in the civil court. (8) When the person who has been injured by the crime or the law juristic person, the crimes whose prosecution are dependent on complaint, on the condition that the perpetrator admits his/her guilt and pays the whole or most of the damage or eliminates it, and the wronged and the perpetrator come to an agreement with their free will, and when this matter is fixed by the public prosecutor or the judge, public lawsuit cannot be brought against. The effect of the dropping of lawsuit or punishment ITEM 74. – (1) General amnesty, personal pardon, and to give up one’s complaint do not necessitate taking back the things that are confiscated or the judicial law fine that is paid. (2) The dropping of the public lawsuit does not affect taking back the property and the individual lawsuit that is brought against to indemnify the loss. (3) Dropping of penalty does not affect the decrees that are related to indemnity and trial expenses. However, in case of general amnesty trial expenses cannot be requested.

Sayın Akpunar:

Bu konuda bende bırseyler yapmak ısterım, hangi kısmı cevırmem gerektıgını soylersenız, yardımda bulunabilirim.

Arkadaslar bu cok guzel bir proje...bende yardımcı olmak ısterım sayın Bülent S. Akpunar...ancak sayın avukatım öncelikele daha iyi bir hukukcu olamadım,ama bir ögrenci olarak fıkrımı soylemek isterim.Sayın avukatım hocalarımızla derslerı işlerken hukuk terımlerının en ince anlamına varıncaya kadar acıyoruz yanı kılı kırk yararak derslerımızı işliyoruz...hukukumuzu ingiizceye çevirirken bu ince ayrıntılar aradan cıkmayacakmı ki mutlaka olaaktır buda kanunları yorumlamada zararlı olmayacakmı?yınede ben bu proje katkı saglamak isterım...saygılarımla

Aslında tüm maddeleri toparlayacak, eksiklikleri giderecek ve çeviriye son şeklini verecek birine ihtiyaç var.Sayın Lacuna Coil, bu konuda gönüllüyseniz gönül rahatlağıyla başlayabilirsiniz. Takıldığınız yerlerde yardımcı olmaya hazırım; çalışmayı beraber sonlandırarak projeye en son şeklini beraber veririz.

Bu arada değerli hocamız Vahit Bıçak'ın çevirisinin bitmiş olduğunu ve çevirinin son halinin Adalet Bakanlığı'na yollanmış olduğunu bizzat kendisinden öğrenmiş bulunmaktayım.Kendisine emekleri için hukuk uygulayıcıları olarak teşekkürü bir borç bilirim.Bizim çevirimiz de bir ilk olması itibariyle kayda değer bir çalışma olmuştur.Buna ilaveten bundan sonraki çeviri projelerinin Legal English HÇG moderatörleri Ahu Hanım ve Ali Bey tarafından şekillendirileceğini de belirtmek isterim.

sayın Akpunar:

ben elımden geldıgınce bır seyler yaparım ama totalde hepsını gırıserek ne kdr surede bıtırırm bılmıyorum acıkcası. Tamamından zıyade, paylasımlı olarak TCK'da gıdersek, cok daha kısa surede bıtıreblırız. Bu arada sanırım en son 75. maddede kaldık sanırım ordan mı devam edecegız? tsk

ben bu gruba yeni katıldım yapabileceğim bir şey olursa sevinirim.

Öncelikle herkese merhaba,

Bu siteye ve bu gruba oldukça yeniyim. Adım Şenay Eray ve ODTÜ de asistanım. TCK değişikliklerini başından itibaren takip etmeye gayret ettim ve üzerine çalışmalar yaptım. Daha önce ki çalışmalarım The Stance of the Turkish State through the New Penal Code Reformation Process bağlamında olduğu için hukuksal değişimin siyaset bilimi üzerinden incelemesini yapmaya çalıştım. Fakat şu an insan hakları ve kadın hakları bağlamında Türkiye’nin son yıllardaki kanun değişikliklerinin metinsel ve kültürel ve politik anlamda yeniden okumalarını yapıyorum. Tabi burada kendimce çok zorlandığım bir nokta var, bunu için de tam yerine geldim diye düşünüyorum. Kanun metinlerinin birebir ingilizceye çevirisi konusunda herne kadar Ankara SBF mezunu olsam da uzmanlık alanım olmadığı için akademik olarak tam ve doğru çeviri yapabilmem konusunda kendime güvenemiyorum.

Site içerisinde TCK maddelerinin paylaşılıp çevrildiğini takip ediyorum fakat bir sonra ki maddelere çok acil olarak ihtiyacım var. Özellikle;

Book II, Section II, Subsection 3, Article 94
Book II, Section II, Subsection 6, Articles 12, 105
Book II, Section II, Subsection 7, Article 109

Eski ceza kanununun 1996 yılında iptal edilen 441. maddesi ve 1998 yılında iptal edilen 440. maddeler. Ve yine eski kanunda Homicide of the newborn child out of the wedlock ile ilgili 139. madde. Ve de honor killing ile ilgili olan 462. madde ve yeni kanunda Crimes against Life bölümlerine ulaşmam gerekiyor.


Bunlar için bana önerebileceğiniz TCK dan belirttiğim maddeler ve TCK dışında yeni medeni kanunu ve İş kanunun referansı ve dili gerçekten çeviri anlamında güvenilecek kitap veya çeviri metni varsa çok mutlu olurum ve çalışmamı bir an önce bitirebilirim.

Sevgiler,

thank you for your work. i am interested about this subject. as soon as i assured a dictionary i will help you and this will make me more happy. take care.

kaside

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