15 - Criminal law

It is presupposed for the enforcement of one of a foreign court validly imposed imprisonments in Turkey that the prerequisites intended in the article 3 of the law with the number 3002 are fulfilled. The principles of relevant bilateral executions and the regulations of the relevant bilateral declarations/agreements remain in reservation.

The court to Ankara, which in view of the act, which height and contents of the punishment of the foreign court is essentially responsibly, over it dealt with which sanctions in Turkey for the criminal decision of the foreign court one decides.

It is also presupposed for the enforcement of one of a Turkish court validly imposed imprisonments and measures abroad that the prerequisites intended in the article 11 of the law with the number 3002 are fulfilled.

The Council of Ministers can make a resolution on the request Ministry of Justice over the fact that one of the Turkish courts against the foreigners imposed to imprisonment on the part of the state, whose nationality the condemned one possesses one full-stretches.

Who commits a punishable action in Turkey, according to the Turkish laws one punishes. Although a punishment was imposed abroad because of the punishable action in Turkey, the author is judged also in Turkey. However the foreign author, who committed a criminal offence against the Turkish state, is judged on the request Ministry of Justice also in Turkey, although it was judged and punished because of this act by foreign court.

If a Turk or a foreigner abroad against the Turkish national order and against the public order offend, officially one pursues.

European contract from the 1968 over legal aid traffic in criminal actions, European contract from the 1959 over the distribution of the condemned one and the European contract from the 1977 over the mutual information of the criminal determinations and over their international importance are in Turkey in strength. If a Turk abroad a criminal offence, which is threatened from at least 3 years, commits with the imprisonment and if he is in Turkey, according to the Turkish legal regulations punished. If the minimum of the imprisonment fewer than three years is, then the author is punished on the request of the state concerned or the damage in Turkey.

If a foreigner a criminal offence, which is threatened from one year with imprisonment at least, against which Turkish national order or a Turk commits, it is punished under the prerequisite that it is in Turkey, upon the request Ministry of Justice or the Turkish damage concerned according to the Turkish criminal regulations.

If a criminal offence were committed by a foreigner against a foreigner abroad, the foreign author, who is in Turkey, upon the request of the Ministry of Justice in Turkey is judged.

If a Turk or a foreigner pursued abroad the criminal offence over Kupplerei, which commits in the articles 435 and 436 of the Turkish penal code, judged in Turkey and.

If a foreigner commits a debt abroad against a Turk or the Turkish state and although he was punished by the foreign court, on the request Ministry of Justice in Turkey is judged. The punishment imposed by foreign courts is taken into account on the punishment imposed by Turkish court and the remaining sentence is served.

If the Turkish legal regulations appropriate punishment, by which foreign court was imposed and regarding forbidding the commercial activity and the loss of the ability over the clothing of the public offices is, seizes the Turkish responsible court upon the request of the public prosecutor's office over the fact that this punishment is to be become valid in Turkey also, a resolution to this thing.

A foreign condemned one is not delivered because of the political criminal offences or the criminal offences, which is in connection with politics, after foreign country. After the European contracts the distribution cannot because of the military criminal offences, the death penalty and the punishments fewer than one year performed out. However a state can because of the committed the criminal offences, which do not carry the distribution out in own country or in the country, by the foreigners, which is considered as the country of this state.

For acts, those in open the more, in the foreign port or more, as well as on a ship or an aircraft, which is justified to lead the Turkish flag is locally responsible the Turkish court, at whose place the vehicle concerned had arrived or landed zunaechts, for evaluation.

Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht- 1.Einführng 2.allgemeiner Blick auf das türkischen Rechtssystem 3.Burgerrecht 4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers 5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen 6.PERSONENRECHT 7.Yabancının taşınmaz edinmesi 8.Dernek, Sendika ve Sosyal güvenlik 9.ERZIEHUNGSRECHT 10.HANDELSRECHT 11.Joint Venture Vertrag 12-Europavertrag und individuelles Antragsrecht 13-Die Eheschliessung, das Verlöbnis, Die Abstammung 14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz 15-Strafrecht

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