Purpose of the Turkish Penal Code is clearly listed in the first article of the law. Article 1 of the Turkish Penal Code does not define any crime or prescribe any punishment on its own. That’s why many people skip it, thinking it’s an “introductory sentence”. However, in practice, it is one of the most frequently used articles, especially on the defense side. Because this article determines how the rest of the law will be read.
In this article, we explain what Article 1 of the Turkish Penal Code says, what values it protects, how it forms a whole with Articles 2 and 3, and how it becomes an argument in a concrete file.
What Does Turkish Penal Code Article 1 Say?
Article 1 of the Turkish Penal Code No. 5237 is as follows:
“The purpose of the Criminal Code is to protect personal rights and freedoms, public order and security, the rule of law, public health and the environment, social peace, and to prevent the commission of crimes. In order to achieve this purpose, the law regulates the basic principles of criminal liability and the types of crimes, punishment and security measures.”
The article has two sentences. The first enumerates the protected values, the second says how the law serves this purpose. Pay attention to the order:personal rights and freedoms comes first, before public order. This order is a strong indication of which one should be preferred when you are faced with two interpretations.
Purpose of the Turkish Penal Code: What Values Does It Protect?
The article lists six headings:
- Personal rights and freedoms— life, bodily integrity, freedom, honor, property
- Public order and security
- Rule of law— public power is also bound by law
- Public health and environment
- Social peace
- Prevention of crime
This list is not just a wish. If it is controversial which legal benefit a provision protects, the court determines the protection area of the article by looking at this list. If the protected legal interest is not harmed, it becomes debatable whether a crime has occurred or not, even if the act formally conforms to the type.
Why Are Article 1, Article 2 and Article 3 Read Together?
The first three articles of the Turkish Penal Code are a whole. Article 1 sets the goal, Article 2 and Article 3 outline how this purpose will be achieved.
Article 2: Principle of Legality in Crime and Punishment
No one can be punished for an act that is not clearly considered a crime by law, and no penalty or security measure that is not written in the law can be applied. Crimes and penalties cannot be imposed by the regulatory acts of the administration – regulations, notifications, circulars. And most importantly: analogy cannot be made in the application of provisions involving crime and punishment, and these provisions cannot be interpreted broadly to lead to analogy.
Article 3: Proportionality and Equity
The punishment to be imposed should be proportionate to the severity of the act committed. In addition, in the implementation of the law, no discrimination can be made on any grounds such as language, religion, race, sect, gender, political opinion, or economic status, and no one can be given privileges.
How Does the Prohibition of Comparison Work in Practice?
The prohibition of comparison is the most concrete counterpart of the purpose of Article 1 of the Turkish Penal Code. If the law has listed a place or a behavior, the court cannot automatically add something similar that it has not listed.
The Supreme Court consistently applies this rule. For example, in the provision of qualified theft, since the text of the law includes the expression “residence or workplace” but does not mention “addition”, the Criminal Chamber ruled that the acts committed in places considered as additions, such as apartment stairs, cannot be qualified in this way. The justification is the prohibition of direct analogy: similarity is not sufficient to fill the silence of the law.
In another decision, the Supreme Court also emphasized that criminal norms should be clear enough for everyone to understand. If the text is ambiguous, this ambiguity cannot be interpreted against the defendant.
How to Use This Clause in a Concrete File?
In practice, Article 1 of the Turkish Penal Code cannot be put forward as a reason for defense alone; It is used together with other items as a criterion for interpretation. Typical uses include:
- In the discussion of typicality: Does the act described in the indictment really harm the legal benefit protected by the relevant article?
- In broad comment objection: If the interpretation of the prosecutor’s office covers a situation that is not included in the law, it is against the prohibition of analogy.
- In determining punishment: the principle of proportionality ensures that the reasons for moving the basic penalty away from the lower limit are checked.
- In case of indefinite judgment objection: if the scope of the applied norm is disputed, the ambiguity should be considered in favor of the defendant.
Common Mistakes
- Seeing matter as ornament. Just writing “in accordance with Article 1 of the TCK” and leaving it in the petition will not work; It should be shown concretely which interpretation problem it solves.
- Confusing analogy with broad interpretation. Not every broad interpretation is prohibited; What is prohibited is an interpretation that covers a situation that is not covered by the law.
- Mistaking the definition in the regulation as an element of the crime. Administrative regulation cannot expand the scope of the crime.
- Missing deadlines. These clauses provide substantive safeguards; It does not bring back the objection that is not made in due time.
Frequently Asked Questions
What is the purpose of the Turkish Penal Code, in short?
To protect personal rights and freedoms, public order and security, the rule of law, public health and the environment, social peace and to prevent crime.
Can a decision of acquittal be given based on Article 1 of the Turkish Penal Code?
Alone, no. Article 1 is a rule of interpretation; Acquittal is based on the determination that the elements of the relevant crime type are not present. However, in reaching this determination, the purpose criterion set by the article is used.
Can an act that is not clearly written in the law be considered a crime?
No. In accordance with the principle of legality, no punishment can be given for an act that is not clearly considered a crime by law.
Can a crime be created by regulation?
No. Crimes and penalties cannot be imposed by the regulatory actions of the administration.
What does the prohibition of comparison mean?
The court is prohibited from punishing a situation that is not regulated by law based on similarity. The provision cannot be interpreted broadly enough to lead to analogy.
How is proportionality checked when determining punishment?
In determining the basic penalty, a reasonable relationship is sought between the severity of the act and the penalty imposed; Unjustified deviation from the lower limit may be grounds for cancellation.
Legal notice: This article contains general information about Turkish law and does not constitute legal advice. Each file has its own conditions. You should consult a lawyer for your specific situation.
Applicable work area
If you need legal support on this matter, review our Criminal Law services or contact Av. Emre Arslan to evaluate your file.
