Criminal
The 2004 Penal Code drawn on the German model
The Turkish Penal Code No. 5237 of 2004 replaced the 1926 code, which had itself been adapted from the Italian Zanardelli code. The Code of Criminal Procedure No. 5271 governs investigation and trial. The death penalty was fully abolished in 2004.
Key rules
- Jurisdiction — National, with heavy penal courts hearing the most serious offences.
Governing law
- Turkish Penal Code No. 52372004
- Code of Criminal Procedure No. 52712004
- Anti-Terror Law No. 37131991
In practice
The 2004 Penal Code was drafted with the German code as its principal model and was part of the EU accession reform package. Aggravated life imprisonment is the maximum penalty following abolition of capital punishment. Investigations are led by public prosecutors, with detention subject to judicial review. Two areas draw sustained international attention: the anti-terror legislation, which is broadly drawn, and Article 299 on insulting the President together with Article 301 on denigrating the Turkish nation, both of which have generated significant Strasbourg case law on freedom of expression.