Sayın Grup Üyeleri,

Çalışma Grubumuzu biraz olsun hareketlendirmek amacıyla ortak bir proje geliştirmeyi teklif ediyorum. Konumuzu "Yeni Türk Ceza Yasası'ının İngilizce'ye tercümesi" olarak düşündüm. Ben çeviriyi 17. maddeye kadar hazırlamaya çalıştım. Devamını çevirmekte gönüllü olanlar varsa benimle bağlantı kursunlar , bir görev paylaşımı yapalım ki aynı maddelerin mükerrer çevirisi olmasın.

Kanunun en azından "GENEL BÖLÜMLER" kısmını bile çevirebilirsek bizim için şu an itibariyle yeterli olacağını düşünüyorum. Benim yapmış olduğum kısmi çeviri üzerinde de önerilerinizi bekliyorum. Projemizi layıkıyla tamamlayabilirsek, hem Türk Hukuk Dünyası adına önemli bir başvuru kaynağı oluşturacağımıza hem de Hukuk Çalışma Grubumuz adına önemli bir gelişmeye adım atacağımıza inanıyorum.

Düzenli ve etkileşimli bir takım çalışması ile bu projeyi biz bitiririz.!Çalışma bittiği zaman "makale kütüphanemiz" de yayımlanmayı da hakedecektir diye düşünüyorum. (Katılımcıların her birinin ismi zikredilerek)

Not: www. zargan.com' dan online ve ücretsiz sözlük hizmeti alabilirsiniz.Ayrıca internette diğer ülkelerin hazır çevrilmiş ceza yasaları da bize çeviride ışık tutacaktır. Eğer bunları bulamazsanız benimle iletişim kurabilirsiniz.

Saygılarımla

Çevirdiğim kısım aşağıda:

Alıntı:

Alıntı: TURKISH PENAL CODE Number :5237 Adopted as of 29.06.2004 , Published as of 12.10.2004 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 lays down the general principles of penal liability, crimes, types of punishments and the safety measures in order to realise the said 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 their 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 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 provided that the act was committed abroad either by 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 .