Security unit: Juvenile department of police / police bureau / police centers and child and women sections of gendarme / gendarme stations / gendarme public security teams dependent on the General Commandership of Gendarme and General Directorate of Security.
Child: Everyone who hasn't been 18 years old yet is child, even though he or she has become adult earlier (Child Protection Law, Law No. 5395).
Offence charged: Suspicion from a person about committing a crime and allegation of that person to commit a crime.
Abandoned: Child who is left in a state of vulnerability and need by his/her legal representative.
Foundling: Child about whom there is not any official application to a relevant authority because of the status of missing and who is received into security unit after being found by a security unit or a citizen.
Lost: Child about whom there is an official missing application to a relevant authority and who is received into security unit after being found by a security unit or a citizen.
Victim: Child who is damaged from an act which is accepted as offence according to laws in a tangible or intangible form.
Child offenders: Child about whom there is an investigation or prosecution or security measures because of the suspicion of committing a crime.
Committing a misdemeanor: Acting by unfair behaviour which is required administrative sanction when it is committed.
Escape from home: Child telling that "I escaped from home" when he or she was found with or without an official application of missing about him or her at the relevant security unit.
Escape from institution: Child telling that "I escaped from institution (social service, dormitory, health institute, rehabilitation centers etc.)" when he or she was found with or without an official application of missing about his or her at the relevant security unit.
Substance-use: Child brought to the security unit with the suspicion or evidence/finding of usage of the natural, synthetic and/or chemical substances which have the possibility of changing the mental-cognitive activities and psychic behaviours and can show psychological impacts.
Street working: Child who works on the street in a portion of the day to contribute to the family budget or to cover his/her expenses.
Street child: Child who dwells/lives on the streets after leaving his/her residence because of the reasons like poverty, family-breakdown, abuse and who is destitute of the protection of a parent or an elder in charge so that whose family bonds are gradually on the wane and who is vulnerable to abuse.
Illegal working: Child who works/is employed in violation to the procedures and principles specified in the laws which are governing the working conditions.
Asking for Information: Taking statement / Listening declaration of the child what he/she knows and sees about the subject that is being investigated.
Disrupting the education: Child who is at the age of compulsory education but doesn’t attend/isn’t let to continue his/her education whether he/she has a school enrollment.
Judicial organ: Public Prosecutors and courts.
Judgement sampling: In judgement sampling, the researcher or some other expert uses his/her judgement in selecting sampling units. This technique is applied by expert’s experience when the population to be studied is difficult to locate and large.
Data compiling method: Data were compiled in paper-based form all security units dependent on gendarme and police in 27 provinces selected by judgement sampling between the years 1997 - 2006 with paper- based form. Provincial population, numbers of juveniles charged with an offence, and type of crime committed were considered during the decision sampling. Data about 81 provinces have been compiled from the General Commandership of Gendarme and General Directorate of Security in magnetic form since 2007.
The purpose of this study is to be a future guide for legal system and justice mechanism by making plans and programmes parallel to the requirements of the age and enable timely precautions that will meet the needs, and provide data required by decision makers, researches and national and international users.
Data on the Constitutional Court, the Supreme Court, the Council of State, Court of Jurisdictional Disputes, Military Supreme Court, Military High Administrative Court, the Ministry of National Defence the Department of Military Justice Affairs, High Arbitration Committee, Turkish Notary Public Union, Council of Forensic Medicine, public prosecutors' offices, enforcement directorates, courts in provinces and districts all over Turkey are included.
The data have been obtained in electronic media from National Judiciary Network Information System as of 31 January of the year. The updates conducted by judicial units following this date have been omitted from the coverage.
Data compiling: In the year 2008 and before, the data on Public prosecutor's offices, judicial and administrative courts, Enforcement Directorates were compiled by mail through complete count method by the Ministry of Justice General Directorate of Judicial Record and Statistics.
As of the year 2009, the data on courts Public Prosecutor's Offices and Enforcement Directorates have been obtained on the basis of National Judiciary Network Project (UYAP) being implemented by the Ministry of Justice.
Differences have occurred in the description of certain data due to this change in data-compilation method in 2009 in comparison with previous years. Therefore, this condition needs to be taken into consideration in the comparison of the data with the previously present data. For example; while one type of case used to be counted in the file of principal in criminal and civil courts in the year 2008 and before, all types of cases have been counted in the file of principal in the year 2009 and after. Furthermore, the information belonging to the number of accused persons upon whom a judicial fine along with imprisonment was imposed has been assessed altogether.
Data on the Constitutional Court, the Supreme Court, the Council of State, the Court of Jurisdictional Disputes, the Military Supreme Court, the Military High Administration Court, the Ministry of National Defence Military Justice Affairs Department, High Arbitration Committee, Turkish Notary Public Union, Council of Forensic Medicine evaluated in the content of judicial statistics have been compiled as tables on the basis of the administrative records by mail by Turkish Statistical Institute annually.
Definitions and Concepts
The Constitutional Court: The Constitutional Court reviews the constitutionality of laws, government decrees with the power of law and the by-laws of the Turkish Grand National Assembly ( Constitution, Art. 148 ).
The Supreme Court: The Supreme Court is the court of last instance for reviewing the decisions and verdicts rendered by courts of law and in matters not referred by law to other courts of law. It has first and final jurisdiction in specific cases defined by law ( Constitution, Art. 154).
The Council of State: The Council of State is the court of last instance for reviewing the decisions and verdicts rendered by administrative courts and in matters not referred to other courts of administration by law. It has first and final jurisdiction in specific cases defined by law.
The Council of State hears and settles administrative disputes and suits; expresses opinions on draft laws submitted by the Prime Minister and Council of Ministers; examines draft regulations, specifications and contracts of concessions; and discharges other duties as prescribed by law ( Constitution, Art. 155 ).
The Military Supreme Court: The Military Supreme Court is the court of the last instance to review decisions and verdicts rendered by military courts. Furthermore, it hears specific cases as a court of the first and last instance involving military matters as prescribed by law ( Constitution, Art. 156).
The Military High Administrative Court: The Military High Administrative Court is the court of the first and the last instance to review disputes appeared by administrative procedures related to the military service and military person even if it is caused by the non-military authorities ( Constitution, Art. 157 ).
The Court of Jurisdictional Disputes: The Court of Jurisdictional Disputes is empowered to settle disputes among juridical, administrative, and military courts arising from disagreements on jurisdictional matters and verdicts (Constitution, Art. 158).
High Arbitration Committee: High Arbitration Committee is a committee chaired by the Supreme Court, Head of Department responsible for Cases of Labour and is fully authorized in signing of the collective agreement where disputes arise because strike and lockout are prohibited or postponed, and an agreement is not made for a certain period of time (Law on Collective Labour Agreement, Strike and Lockout No. 2822, Art. 52).
Division of Forensic Medicine: Division of Forensic Medicine is an institution, which is affiliated to the Ministry of Justice. It has been established in order to function as an expert on judicial matters, arrange programmes on forensic medicine expertise and minor branch expertise and organize symposiums, conferences and similar activities in the field concerned and other judicial sciences and apply educational programmes related to such ( Law on Division of Forensic Medicine No. 2659, Art.1 ).
The Department of Military Justice Affairs: The administrative affairs of military courts and all procedures of military public prosecutors’ offices are under the supervision of the National Defence Minister. This assignment is implemented through the Department of Military Justice Affairs (Law on Establishment of Military Courts and Trial Procedures No. 353, Art. 35).
Turkish Notary Public Union: Turkish Notary Public Union enables the implementation of the profession of Notaryship appropriate to its purpose, makes progress in the profession, and enables unity and assistance among colleagues. Turkish Notary Public Union is in the nature of a public institution and has a legal entity. The headquarter of the Union is in Ankara (Notary ship Law No. 1512, Art. 163).
Enforcement Directory: Enforcement Directory is a judicial unit assigned to deal with enforcement process with and without judgement, process of bankruptcy and rogatory.
Law No. 5237: Turkish Criminal Law.
Aggravated Felony Court assigned by article 250 of the Code of Criminal Procedure: Offences defined under Turkish Criminal Code like manufacturing and trafficking narcotics and stimulating substances committed in an organized way, offences committed by using force and threat within the activities of the organization formed to gain unjust economic benefit, some of the offences defined under Volume Two, Chapter Four, Parts Four, Five, Six and Seven and their cases are taken to process in Aggravated Felony Courts appointed at provinces (where the judicial environment contains more than one province) determined by Supreme Council of Judges and Public Prosecutors.
The president and members of these courts cannot be appointed to courts or tasks other than these by the judicial committee (the Law No. 5271, Art. 250).
In addition, these courts are assigned to deal with some offences defined under special laws.
Chief Public Prosecutors' Office assigned by article 250 of the Code of Criminal Procedure: Investigation for the offences covered under article 250 are executed by the public prosecutors who are appointed by the Supreme Council of Judges and Prosecutors in order to carry out investigations and prosecutions of such offences.
Public Prosecutors cannot be appointed to courts or tasks other than aggravated felony courts dealing with offences covered by article 250 (the Law No. 5271, Art. 251).
Offence: It is an act which violates and endangers the existence of a society, or life conditions, or the main benefits of individuals or a society and is found to be damaging or dangerous by lawmakers and therefore, sanctions like penalty or security measures are applied against it. In Turkish Criminal Law No. 5237, sanctions are defined as penalties and security measures.
Examples to penalties can be aggravated life imprisonment, life imprisonment, imprisonment for a certain period and judicial fine. Examples to security measures can be confiscation to goods and income and depriving of using certain rights.
Suspect: Any person who is under the suspicion of committing a crime in the investigation period (Law No. 5271, Art. 2).
Minor: Any person who has not reached the age of 18 though entered into adolescence (Child Protection Law No. 5395, Art. 3).
Minors under the age of twelve are exempt from criminal liability. While such minors cannot be prosecuted, security measures in respect of minors may be imposed.
Where a minor completed age twelve, but not completed age fifteen, at the time of the offence, and he is either incapable of appreciating the legal meaning and consequences of his act or his capability to control his behaviour is underdeveloped then he shall be exempt from criminal liability. However, such minors shall be subject to security measures specific to children. The minor has the capability to comprehend the legal meaning and result of the act and to control his behaviours in respective of his act, for offences requiring a penalty of aggravated life imprisonment, a term of twelve to fifteen years of imprisonment, a term of nine to eleven years imprisonment shall be imposed. Otherwise, the penalty to be imposed shall be reduced by half, save for the fact that for each act such penalty shall not exceed seven years.
Where a minor completed age fifteen but not completed age eighteen at the time of the offence then for crimes that require a penalty of aggravated life imprisonment a term of eighteen to twenty four years of imprisonment shall be imposed and for offences that require a penalty of life imprisonment twelve to fifteen years of imprisonment shall be imposed. Otherwise, the penalty to be imposed shall be reduced by one-third, save for the fact that the penalty for each act shall not exceed twelve years (Turkish Criminal Code No. 5237, Art. 31).
Accused Person: Any person who is under the suspicion of committing a crime from the beginning of prosecution to the finalization of the judgement (Law No. 5271, Art. 2).
Offender: The person who commits an offence.
Unknown Offender: The person who commits an offence is not known.
Investigation: Period starting from the information of existence of a crime to the acceptance of indictment by the competent authorities (Law No. 5271, Art. 2).
Settlement: An effort is made to reconciliate among suspect, victim, legal and natural entities harmed by the crime. If settlement is achieved, public case is not filed, it is suspended, and decision of dismissal or postponement of announcing a judgement is rendered (Code of Criminal Procedure, No. 5271, Art. 253, 254).
Prosecution: Period starting from the acceptance of the indictment to the finalization of the judgement (Law No. 5271, Art. 2).
Return of Indictment: Upon examining all the documents pertaining to the investigation stage, the court decides to return the incomplete or the incorrect ones to the Chief Public Prosecutors' Office within 15 days of the date the indictment and documents on investigation are submitted ( Code of Criminal Procedure, Law No. 5271, Art. 174 ).
Decision of Sentence: Judgement rendered about an accused person who is determined to commit the alleged crime (Law No. 5271, Art. 223).
Decision of Acquittal: Decision of Acquittal is rendered when; the act alleged is not defined as an offence in the statute, it is definite that the commission of the alleged crime is not committed by the accused person, there is no intent or recklessness of the offender in terms of the alleged crime, there is a legality in the event although the offence was committed by the accused person, and it is not definite that the alleged crime is committed by the accused person ( Law No. 5271, Art. 223 ).
Lack of decision for penalty: A penalty shall not be imposed on an offender where; the offender is minor, has a mental disorder, is deaf and mute or there are transitory reasons; the alleged crime is committed unlawfully but because of a binding command, obligation, force or threat; the limits of criminal culpability are unintentionally exceeded by the offender in the course of legitimate defence as a result of excitement, fear or agitation; the act is committed by mistake; the offender expresses remorse, there are personal circumstances which abolish penalty, or the wrongfulness in the act is less although the act committed still carries the characteristic of a crime ( Law No. 5271, Art. 223 ).
Decision of non-suit: Decision of non-suit is rendered where there is not an earlier sentence or a case filed for a person due to the same act (Law No. 5271, Art. 223).
Decision of dismissal: Decision of dismissal is rendered where the presence of dismissal reasons and conditions for investigation and prosecution stipulated in Turkish Criminal Code are not constituted (Law No. 5271, Art. 223).
Decision of postponement of announcing a judgement: Decision of postponement of announcing a judgement is rendered by court where the penalty imposed to the accused in relation to the alleged crime at the end of the trial is imprisonment for a term of two year or less or a judicial fine. Decision of postponement of announcing a judgement suggests that the judgement does not constitute a legal consequence for the accused (Law No. 5271, Art. 231).
Procedures related with decree: Procedures related to the execution of finalized decision of sentence.
Real Person: The expression of real person starts with the birth of a child in a healthy way and ends with the death of it (Civil Code, Art. 28).
Juridical Person: Organized community of people existing on its own and independent groups of property specified for a purpose gain juridical person under special provisions (Civil Code, Art. 47). It is a group of people or property which has an independent lawful existence like an association, company, etc.
Enforcement process with judgement: Enforcement process with judgement is an enforcement proceeding resorted by people upon receiving a court decree on the issues of money or other things.
Enforcement process without judgement: Enforcement process without judgement is an enforcement proceeding resorted by people who have not received a court decree or who have received a court decree however does not choose enforcement process with judgement.
Bankruptcy: Bankruptcy is a case determined and proclaimed by a court decision upon the proceeding carried out against a person who does not pay his or her debt or stops paying it.
Rogatory: Rogatory is an assistance requested from another judicial organ in order to carry out a process within the area of jurisdiction of another judge. For example, taking testimonies of witnesses resident within the area of jurisdiction of a court and send it to the court where the case is in process.
Uncontested Actions: Matters where there is no dispute between interested people and even if there is dispute between them, the persons interested have no subjective rights against real juridical persons or cases where the judge has to decide of its own motion. Decisions of protective measures about children, discharge of a guardian, submitting document of heirship can be given as examples.
Contested Actions: Cases filed pertaining to a dispute with the demand of rendering a decision for a claim or the adverse party. Divorce and action of debts can be given as examples.
a) Statistical Regions (SR): With the aim of collection and development of Regional Statistics, socio-economic analysis of regions, defining the framework of regional policies and establishing statistical database to be compared with European Union Regional Statistics System, the data and information produced are presented in the scope of Classification of Statistical Regions, Level 1, Level 2 and Level 3.
Level 1 Statistical Regions (SR) is constituted as 12 regions which are defined by Level 2 Statistical Regions grouped.
Level 2 Statistical Regions (SR) are constituted as 26 regions which are defined by Level 3 Statistical Regions grouped according to the neighbour provinces.
Level 3 Statistical Regions (SR) are constituted by 81 provinces. Each province is defined as a Statistical Regions.
b) Classification of cases: The file of the cases in the justice system are classified by Turkish Criminal Law and Special Laws.
Because of the alteration in Turkish Criminal Law and Special Laws in year 2005, a refraction was occurred in the classification of the files of the cases as of this year.
The articles in Turkish Criminal Law and Special Laws are given below:
TURKISH CRIMINAL LAW ( TCL )
OFFENCES ( Book 2 )
Chapter 1: International offences ( TCL Articles 76-80 )
Part 1: Genocide and offences against humanity ( TCL Articles 76-78 )
77 Other offences against humanity
Part 2: Migrant smuggling and human trafficking ( TCL Articles 79-80 )
79 Migrant smuggling
80 Human trafficking
Chapter 2: Offences against persons ( TCL Articles 81-169 )
Part 1: Offences against life ( TCL Articles 81-85 )
81 Intentional killing
82 ( Qualified cases ) Intentional killing
83 Intentional killing by act of ommission
84 Directing suicide
85 Reckless killing
Part 2: Offences against physical integrity ( TCL Articles 86-93 )
86 Intentional injury
87 Aggravated injury on account of its consequences
88 Intentional injury by omission
89 Reckless injury
90 Experimentation on human beings
91 Trading of organs and tissues
93 Effective remorse
Part 3: Torture and torment ( TCL Articles 94-96 )
94 Torture ( mental or physical torture performed by a public officer )
95 Aggravated torture on account of its consequences
Part 4: Breach of the duties of protection, observation, assistance or notification
( TCL Articles 97-98 )
97 Abandonment ( unable to take care of himself )
98 Failure in the duty of assistance or notification
Part 5: Illegal abortion, miscarriage or sterilization ( TCL Articles 99-101 )
99 Illegal abortion
Part 6: Offences against sexual integrity ( TCL Articles 102-105 )
102 Sexual assault
103 Sexual abuse of children
104 Sexual intercourse with a minor
105 Sexual harassment
Part 7: Offences against liberty ( TCL Articles 106-124 )
109 Deprivation of liberty
110 Effective remorse
111 Imposing security measure on juridical persons
112 Prevention of education and training
113 Prevention of the activities of a public institution or professional institution in the
nature of public institution
114 Prevention of the exercise of political rights
115 Prevention of the exercise of freedom of belief, thought and conviction
116 Violation of the immunity of residence
117 Violation of the freedom to work and labour
118 Preventing the exercise of trade unions rights
119 Joint judgement
120 Unlawful search
121 Preventing the exercise of the right to petition
123 Disturbing individuals’ peace and harmony
124 Prevention of communication
Part 8: Offences against dignity ( TCL Articles 125-131 )
126 Identification of the victim
127 Proof of the accusation
128 Immunity of accusation and defence
129 Due to unlawful act or reciprocal insult
130 Insulting the memory of a person
131 Conditions for investigation and prosecution
Part 9: Offences against privacy and confidentiality ( TCL Articles 132-140 )
132 Violation of confidentiality of communication
133 Eavesdropping and recording of conversations between persons
134 Violation of privacy
135 Recording of personal data
136 Illegally obtaining or giving data
137 Qualified versions
138 Not to destroy data
140 Imposing security measure on juridical persons
Part 10: Offences against property ( TCL Articles 141-169 )
142 Qualified theft
143 Perpetration of the offence at night
144 Mitigating circumstances
145 The undervalue of the property
146 Theft through disposition
147 Compulsory state
149 Qualified robbery
150 Mitigating factors
151 Damage to property
152 Damage to qualified property
153 Damaging places of worship and cemeteries
155 Abuse of trust
156 Using a bond without value
157 Theft by deception
158 Qualified theft by deception
159 Mitigating factors in theft by deception
160 Enjoyment of lost property or property obtained by mistake
161 Bankruptcy by deception
162 Reckless bankruptcy
163 Benefiting without payment
164 False information about companies or co - operatives
165 Purchasing or accepting property acquired through the commission of an offence
166 Failure to provide information
167 Reason for personal non - sentence or personel reason necessitating commutation
168 Effective remorse
169 Imposing security measure on juridical persons
Chapter 3: Offences against public ( TCL Articles 170-246 )
Part 1: Offences creating general danger ( TCL Articles 170-180 )
170 Intentionally endangering public safety
171 Endangering public safety through recklessness
172 Disseminating radiation
173 Causing an atomic explosion
174 Possession or exchange of hazardous substances without permission
175 Breach of duty to take care or look after a person suffering mental disorder
176 Disobedience of the rules relating to construction or demolition
177 Releasing animals causing risk
178 Failing to place signs or barricades
179 Endangering traffic safety
180 Endangering traffic safety by recklessness
Part 2: Offences against the environment ( TCL Articles 181-184 )
181 Intentional pollution of the environment
182 Pollution of the environment due to recklessness
183 Causing noise
184 Pollution caused by construction
Part 3: Offences against public health ( TCL Articles 185-196 )
185 Adding toxic substances
186 Trading of medicine or food which is decomposed or altered
187 Production or sale of medicine in a way to risk the life and health of others
188 Production and trade of narcotics and psychotropic substances
189 Imposing security measure on juridical persons
190 Facilitating the use of narcotics or psychotropic substances
191 Purchase, receipt or possession of narcotics or psychotropic substances for
192 Effective remorse
193 Production and trading of poisonous substances
194 Supply of substances dangerous to health of others
195 Acting contrary to measures on contagious disease
196 Improper burial
Part 4: Offences against public confidence ( TCL Articles 197-212 )
197 Counterfeiting money
198 Assets equivalent to money
199 Counterfeiting valuable stamps
200 Instruments for the production of money and valuable stamps
201 Effective remorse
202 Counterfeiting a seal
203 Destruction of a seal
204 Counterfeiting official documents
205 Damage, destruction or concealment of an official document
206 Providing false information in the course of issuing an official document
207 Counterfeiting private documents
208 Damage, destruction or concealment of a private document
209 Misuse of an open signature
210 Government health officials' setup of fake documents
211 Mitigating circumstances
Part 5: Offences against public peace ( TCL Articles 213-222 )
213 Threat with the intention of causing fear and panic in public
214 Provocation to commit an offence
215 Praising an offence and offender
216 Provoking the public to hatred, hostility or degrading
217 Provocation to disobey the law
218 Joint judgement
219 Abusing religious services in the course of duty
220 Establishing organisations for the purpose of committing crimes
221 Effective remorse
222 Violation of the Law on Hats and Turkish Characters
Part 6: Offences against transportation vehicles or stationary platforms
( TCL Articles 223-224 )
223 Hijacking or seizure of transport vehicles
224 Occupation of a stationary platform on territorial land or industrial zone
Part 7: Offences against public morals ( TCL Articles 225-229 )
225 Indecent acts
228 Providing an environment, or the means for gambling
Part 8: Offences against family order ( TCL Articles 230-234 )
230 Polygamy, marriage by deception and religious ceremonies
231 Altering the lineage of a child
233 Breach of obligations derived from family law
234 Kidnapping and detention of a child
Part 9: Offences relating economy, industry and trade ( TCL Articles 235-242 )
235 Fraud during a tender
236 Fraud during the discharge of contractual obligations
237 Manipulation of the prices
238 Causing shortage of items required by the public
239 Disclosure of confidential documents or information relating to commerce, banking or private customers
240 Restriction of supply of goods and services in the course of duty
241 Unlawful money lending
242 Imposing security measure on juridical persons
Part 10: Offences related to data processing systems ( TCL Articles 243-246 )
243 Accessing a data processing system
244 Preventing the functioning of a system and deletion, alteration or corruption of data
245 Misuse of bank or credit cards
246 Imposing security measure on juridical persons
Chapter 4: Offences against nation and state and final provisions ( TCL Articles 247-343 )
Part 1: Offences against reliability and functioning of the public administration
( TCL Articles 247-266 )
248 Effective remorse
249 Mitigating factors
251 Failure to supervise
253 Implementation of security measure on legal entities
254 Effective remorse
255 Securing a benefit for a task outside the scope of authority
256 Excessive use of force
257 Misuse of public duty
258 Disclosure of confidential information in respect of a duty
259 Trading by a public officer
260 Abandonment or non - performance of a public duty
261 Improper disposal of another’s property
262 Improperly undertaking public duty
263 Illegal educational institution
264 Improper use of special symbols and uniforms
265 Prevention of public duty
266 Usage of tools and device of public service in offence
Part 2: Offences against judicial bodies or courts ( TCL Articles 267-298 )
268 Usage of identity or identity information belonging to another person
269 Effective remorse
270 Admission of an offence
271 Fabricating an offence
273 Personal non - sentence or mitigating reasons
274 Effective remorse
275 False statements on oath
276 False statements by expert witness or translator
277 Influencing persons charged with a judicial duty
278 Failure to report an offence
279 Failure by a public officer to report an offence
280 Failure by a member of the medical profession to report an offence
281 Destruction, concealing or altering evidence
282 Laundering of assets acquired from an offence
283 Protecting an offender
284 Failure to inform regardingan arrested or convicted person or evidence of an offence
285 Breach of confidentiality
286 Recording of sound or image
287 Genital examination
288 Attempt to influence a fair trial
289 Misuse of duty to safeguard
290 Damage or seizure of officially conferred property
291 Entering a prison or detention centre impersonating another
292 Escape of a convict or person under arrest
293 Effective remorse
294 Providing opportunity for others to escape
295 Misuse of duty by a guard
296 Rebellion of a person under arrest or a convict
297 Conveying prohibited items to a prison or detention house
298 Preventing the use of rights and feeding in prisons and detention house
Part 3: Offences against the symbols of state sovereignty and reputation of its organs ( TCL Articles 299-301 )
299 Insulting the president of the republic
300 Degrading the symbols of state sovereignty
301 Degrading Turkish hood, the republic, identity, organs and institutions of the state
Part 4: Offences against state security ( TCL Articles 302-308 )
302 Disrupting the unity and integrity of the state
303 Alliance with the enemy
304 Incitement to war against the state
305 Performing activities against the fundamental national interests for benefit
306 Recruitment of soldiers against a foreign state
307 Destruction of military facilities and conspiracy which benefits enemy military movements
308 Material and financial aid to enemy states
Part 5: Offences against constitutional order and its functioning ( TCL Articles 309-316 )
309 Violation of the constitution
310 Assassination and physical attack to the president
311 Offence against a legislative body
312 Offences against government
313 Armed revolt against the government of Turkish Republic
314 Armed organisation
315 Supplying arms
316 Agreement to commit an offence
Part 6: Offences against national defence ( TCL Articles 317-325 )
317 Usurping military command
318 Discouraging people from performing military service
319 Encouraging soldiers to disobey
320 Enlistment of soldiers in foreign service
321 Disobeying orders in a time of war
322 Obligations during war time
323 Dissemination of false information in war time
324 Failure in the performance of a duty during mobilization
325 Acceptance of title and similar awards from the enemy
Part 7: Offences against state confidentiality and espionage ( TCL Articles
326 Documents relating to state security
327 Providing information on state security
328 Political or military espionage
329 Disclosure of information on the security and political interests of the state
330 Disclosure of information which must be kept confidential
331 International espionage
332 Entering military zones
333 Exploitation of state secrets and disloyalty in government services
334 Providing prohibited information
335 Providing prohibited information for espionage
336 Disclosure of prohibited information
337 Disclosure of prohibited information for political or military espionage
338 Espionage through recklessness
339 Possession of documents concerning state security
Part 8: Offences against relations with foreign countries ( TCL Articles 340-343 )
340 Offences against the head of a foreign state
341 Offences against the flag of a foreign state
342 Offences against the representative of a foreign state
343 Reciprocity condition
54-55 Seizure of property
213 Tax Procedural Law
237 Vehicle Law
298 Law on the Basic Provisions of Elections and Voter Records
466 Law on Paying Compensation to Illegally Caught or Arrested Persons
556 Decree with the Power of Law on Protection of Trademarks
1072 Law on Game Tools and Machines Such as Roulette, Tilt and Pinball
1163 Cooperatives Law
1567 Law on Protection on the Value of Turkish Currency
1632 Military Criminal Law
2004 Bankruptcy and Enforcement Law
2313 Law on Supervision of Narcotics
2521 Law on the Manufacture, Purchase, Sale and Possession of Rifles, Revolvers and
Hunting Knives in Hunt and Sports
2820 Law on Political Parties
2863 Law on Conservation of Cultural and Natural Wealth
2911 Law on Meeting and Demonstration Marches
2918 Highway Traffic Law
3194 Construction Law
3628 Law on the Notification of Property, the Fight Against Bribery and Corruption
3713 Law on Fight Against Terrorism
4208 Law on the Prevention of Money Laundering
4320 Law on Protection of Family
4422 Law on the Fight Against Criminal Organisations Aiming Benefit
4733 Law on the Organization and Duties of Tobacco and Alcohol Market Regulation Institution
4922 Law on Protection of Lives and Properties at Sea
5015 Oil Market Law
5033 Law on Unsecured Cheque
5072 Law on the Relationships of Associations and Foundations with Public Institutions and Organisations
5187 Press Law
5253 Associations Law
5326 Misdemeanoss Law
5490 Law on Population Services
5607 Law on Fight Against Smuggling
5682 Passport Law
5816 Law on the Offences Committed Against Atatürk
5846 Law on Literary and Artistic Works
5941 Cheque Law
6136 Firearms and Knives Law
6762 Turkish Commerce Law
6831 Forestry Law
Other: Include the data concerning the repealed articles of TCL numbered 765 in tables
including the articles of TCL.
Scope of the Data
Judicial organization statistics includes the activities and personnel structure of judicial organizations’ institutions (notaries, forensic medicine, enforcement offices, ...)
Prosecution statistics includes the cases brought, the cases judged and the cases postponed until next year at the investigation stage, cases pending until expiration of time limit due to unknown offender, suspects, victims or complainants, procedures related with decree.
Court statistics includes the cases brought, the cases judged and the cases postponed until next year at the criminal courts, the civil courts, the administrative courts, the Supreme Court and the Council of State.
Calculation is not made for judicial statistics.
Characteristics of Basic Data Sources
In the year 2008 and before, the data on Public prosecutor's offices, judicial and administrative courts, Enforcement Directorates were compiled by mail through complete count method by the Ministry of Justice General Directorate of Judicial Record and Statistics.
As of the year 2009, the data on courts Public Prosecutor's Offices and Enforcement Directorates have been obtained on the basis of National Judiciary Network Project (UYAP) being implemented by the Ministry of Justice.
Differences have occured in the description of certain data due to this change in data-compilation method in 2009 in comparison with previous years. Therefore, this condition needs to be taken into consideration in the comparison of the data with the previously present data. For example; while one type of case used to be counted in the file of principal in criminal and civil courts in the year 2008 and before, all types of cases have been counted in the file of principal in the year 2009 and after. Further more, the information belonging to the number of accused persons upon whom a judicial fine along with imprisonment was imposed has been assessed altogether.
Judicial statistics have been published by the Ministry of Juctice General Directorate of Judicial Record and Statistics since the year of 2006 according to the Official Statistical Programme.
The purpose is to produce statistics on convicts received into prison because of deprivation of freedom sanction by court and convicts discharged from prison between 1 January and 31 December, persons as convicts and arrested in prison as of 31 December and the structure of the prisons.
Geographical coverage: All prisons and reformatories dependent on the Ministry of Justice in province and districts.
Covered population: Convicts received into and discharged from prisons and juvenile convicts received into juvenile prisons/reformatories between 1 January and 31 December and persons as convicts and arrested in prison as of 31 December.
Convicts according to the decision of courts of first instance and whose cassation stage is going on for the case are not covered for convicts received into prison within the year but covered in convicts for prison population at year end.
Prison: It is a special building constructed for execution of punishment of convicts sentenced with deprivation of freedom sanction because of their committed crimes.
Generally, there are two types of prison as closed and open in our country. The closed prison includes personnel charged with an internal and external guarding and has measures for escape. However, the open prison constructed for working of convicts doesn't have personnel charged with an external guarding and measure for escape.
In addition, there are juvenile reformatories for juvenile convicts. The aim of foundation of juvenile reformatories is to train of juvenile convicts, ensure an occupation and make a social person.
Crime: The acts are connected to law sanction as penalties or security measures according to the Turkish Penal Code and special laws.
In the case of committed crime by the convict is more than one type of crime, the major type of crime is used to classify the type of crimes.
Convict: Since committed crime/crimes a person who has been received into prison because of the penal of the deprivation of liberty given by the court.
Arrested: A person who has been disqualified from his/her freedom and received into detention house by the court.
Stock population: Total persons as convicts and arrested in prison as of 31 December.
Flow population: Convicts received into prison and convicts discharged from prison between 1 January and 31 December.
Age at the time of committed crime (crime age): It is completed age of the convict at the date of committed crime.
The age of criminal responsibility became 12 according to the new Turkish Criminal Law came into force at 1 June 2005. The juveniles who did not complete age of 12 at the time of committing the criminal act do not have criminal responsibility. The criminal investigation cannot be applied to these juveniles. However, the security measurements particular to these juveniles can be applied.
Age at the time of received into prison (entrance age): It is completed age of the convict at the date of received into prison.
a) International Standard Classification of Occupation: Occupation of convict is coded according to the International Standard Classification of Occupation (ISCO-88).
b) International Standard Classification of Education: Educational level is coded according to the International Standard Classification of Education (ISCED-97).
c) Statistical Regions (SR): With the aim of collection and development of Regional Statistics, socio-economic analysis of regions, defining the framework of regional policies and establishing statistical database to be compared with European Union Regional Statistics System, the data and information produced are presented in the scope of Classification of Statistical Regions, Level 1, Level 2 and Level 3.
d) Although there is not an international classification for the classification of the crimes yet, the Turkish Penal Code and the criminal provision of special laws are used as basis for the classification of the crimes.
Prisons and reformatories affiliated to the Ministry of justice are included.
The convicts received into prison or discharged from prison in between 1st January and 31stDecember of the year are included. In the case of a convict received into prison more than one time within the same year that convict is counted for each time separately. The same is true for convict discharged from prison too. Total persons for convicts and arrested in prison as of 31 December.
If convicts received into or discharged from prison committed more than one crime, one of the crimes resulted in major punishment is taken as type of crime.
If a person is received into prison/discharged from prison more than once within the year, he/she is counted as a separate person for each time.
Method of data compiling: The data are compiled from the database in the National Judicial Network Information System conducted by the Ministry of Justice since 2009.
The data are filled in by authorized person of prison according to official records and declaration of convicts.