ANKARA - The legislation that saved the teacher who used children to make pornography is being changed with a new TCK draft law. A prison sentence of up to three years is on the way for anyone who trades in sexual acts - or their representations - with children.
The Bursa Public Prosecutor's Office sent the file to Gaziantep - 'the scene of the crime' - on the grounds that the crimes imputed to Ozgen Imamoglu, arrested for 'rape, attempted rape,and molestation', were not committed in Bursa. In the investigation into Imamoglu's 'internet pornography trade', the Public Prosecutor's Office gave a 1,875 million lira ($1,500) 'pre-pay' fine.
The fact that the investigation resulted in a fine rather than a prison sentence is the natural result of the legislation. The legislation regulates that crimes for which are foreseen a prison sentence of up to three months or only a fine will not have a criminal trial opened for them, but will only be subject to a 'pre-pay' fine; consequently, the public prosecutor was unable to give the teacher any other punishment for this crime. In the current TCK, although it doesn't specifically include the term 'child pornography', the subject of obscene publication/broadcast is regulated in the 426th article of the TCK and the article envisages only a fine for this crime.
Now, this lack of sanctions is being removed by a new TCK draft law which is to be sent to the TBMM (Turkish Parliament). If the draft law to change the 426th article comes into force, a prison sentence of from 6 months to 2 years and a heavy fine of from 600 million to 6,000 million lira ($500 to $5,000) will be given to those who commit the crime of 'obscenity' - and that includes child pornography. If the agent has done this to earn money, that penalty will be a prison sentence of 1 to 3 years and a heavy fine of 1,000 million to 12,000 million lira. ($800 to $9000)
One of the architects of the draft law, Ord. Prof. Sulhi Donmezer, said that no-one should have any doubt whatsoever that the regulation would also cover child pornography on the internet.
Donmezer, challenging that view that 'Crimes committed on the internet still go unpunished', drew attention to the Supreme Court's precedent verdict that crimes committed on the internet should be punished, provided that 'the agent is known'. (Radikal)