Turkish Penal Code
you can find an unofficial translation of some articles of Turkish Penal Code from the link below:
Offenses Against Honor
- (1) Any person who acts with the intention to harm the honor, reputation or dignity of another person
through concrete performance or giving impression of intent, is sentenced to imprisonment from three months to two
years or imposed punitive fine. In order to punish the offense committed in absentia of the victim, the act should be
committed in presence of least three persons.
(2) The offender is subject to above stipulated punishment in case of commission of offense in writing or by use of
audio or visual means directed to the aggrieved party.
(3) In case of commission of offense with defamatory intent;
a) Against a public officer,
b) Due to disclosure, change or attempt to spread religious, social, philosophical belief, opinion and convictions and to
obey the orders and restriction of the ones religion,
c) By mentioning sacred values in view of the religion with which a person is connected,
the minimum limit of punishment may not be less than one year.
(4) The punishment is increased by one sixth in case of performance of defamation act openly; if the offense is
committed through press and use of any one of publication organs, then the punishment is increased up to one third.
(5) In case of defamation of public officers working as a committee to perform a duty, the offense is considered to have
committed against the members forming the committee.
The style of an interview or interrogation
Procedure of interview or interrogation
Article 147 (1) During the interview or interrogation of a suspect or an accused the following rules apply:
a) The identity of the suspect or accused shall be established. The suspect or accused is obliged to provide correct answers to the questions related to his identity.
b) The charges against him shall be explained.
c) He shall be notified of his right to appoint a defense counsel, and that he may utilize his legal
help, and that the defense counsel shall be permitted to be present during the interview or interrogation. If he is not able to retain a defense counsel and he requests a defense counsel, a defense counsel shall beappointed on his behalf by the Bar Association.
d) The stuation of arrest without a warrant of an individual shall be immediately notified to one of the relatives of his choice, unless Article 95 provides otherwise.
e) He shall be told that he has the legal right to not give any explanation about the charged crime.
f) He shall be reminded that he may request the collection of exculpatory evidence and shall be given the opportunity to invalidate the existing grounds of suspicions against him and to put forward issues in his favor.
g) The individual who is interviewed or interrogated shall be asked about information of his personal and economical status.
h) During the recording of the interview or interrogation, technical means shall be utilized.
i) A record of an interview or interrogation shall be produced and these minutes shall contain the following issues;
1. The place and date of the conducted interview or interrogation,
2. The name and function of the individuals present during the interview or interrogation, as well as the open identity of the individual who is being interviewed or interrogated,
3. Verification of whether the interactions listed above have been fulfilled during the interview or interrogation, if not, the grounds for non-compliance,
4. Verification that the contents of the minutes had been read by the individual interviewed or interrogated and his defense counsel who was present and then signed by them both.
5. If they refrain from signing, the grounds for not signing shall be noted.
As far I am concerned, Penal Code refers to the Criminal Law, in fact Criminal Code in Turkish Justice. Does anyone know whether this translation is found appropriate by the legal or political theorists or is it just called as it is?
These are not official translations and brought only to help foreign people have access to basic Turkish legislation in English. The translations are available in the link below:
I would suggest the translation of Turkish Penal Code - Türk Ceza Kanunu by Vahit Bıçak&Edward Grieves, for the full translation of the text. You may find this as an appropriate translation... I can't make any comment about these posts as the members did not mention, if it is their own translation or written from any publication, in order to classify as 'appropriate'
You can either order the book from any of this kind of web-order sites or find in any national libraries
Thanks for the comments made by themis01 and law of economics. In fact, the answer I was seeking was in themis01's comments.
The reason why I am concerned with the penal code translation is that, penal in English literature refers to any disciplinary system for those who breach the policies established in other words designated by not necessarily legal system but any other authority. Unlike the common law countries however, many civil law countries use preferably the "Penal Code" compared to those who use "Criminal Code" in the common law system such as English Justice System. I understand that the civil law countries rely heavily on the Roman Law so that they simply adopt the name of the "Penal Code" historically from the penal institution or colony is one where criminals are kept as punishment or imprisoned on an island that has served as a penal colony in Roman times.
Nonetheless, the usage of the Penal Code is perfectly appropriate in codified constitutional countries.
Obviously there must be ones who know much better than me, but as far as I remember, in my undergrad, one of my lecturer used to translate the -term- as criminal law, but it depends to the profession if he/she follows the equivalent structures in the other countries. On the other hand the subject is really deep enough to discuss for weeks I suppose...
Basicly, in hence the translations do the job, I beleive they do not perfectly fit to the instutitional structures for the countries, not only have the different legal system but even the same common/civil law structured systems.... -I personally agree with you for the term penal code-
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