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5237 S.lı Türk Ceza Kanunu MADDE 18 İngilizce Çevirisi

TCK. MADDE 18 Mevcut Metin Geri verme 5.5.2016 tarih ve 29703 sayılı Resmi Gazete'de yayımlanan, 23.4.2016 tarih ve 6706 sayılı Kanun m.36/ç gereğince yürürlükten kaldırılmıştır

TCK. MADDE 18 İngilizce Çeviri Extradition [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.

Şerhi Ekleyen Üyemiz: Av.Bülent Sabri AKPUNAR Hukukçu Avukat

Şerh No : 5835 Şerh Son Güncelleme: 25-05-2010