Crime of Obscenity

Crime of Obscenity | Izmir Law Firm

What does obscene mean?

obscene

adjective, Arabic for "obscene"

Obscene, indecent, inappropriate:

The crime of "obscenity," as defined in Article 226 of the Turkish Penal Code, is a type of crime committed particularly through sexually explicit content involving children or animals. However, this crime, which can be committed through various materials, should not be considered limited solely to sexually explicit content involving children.

Turkish Penal Code The Crime of Obscenity within its Scope

Crime of Obscenity
Article 226-

1. a) One products containing obscene images, writings, or words for childrengiving, showing, reading, teaching or listening to the content of these,
   b) Their contents places where children can enter or see or openly displaying, visible
   exhibiting, reading, teaching, speaking, causing to be spoken, in this way,
   c) Those who offer these products for sale or rent in a way that allows the contents to be understood,
   d) These products may not be sold outside of places of sale specifically designated for their sale.offering for sale, selling or renting,
   e) Those who give or distribute these products free of charge alongside or in connection with the sale of other goods or services,
   f) These products advertising,
   Person, six months to two years imprisonment and a judicial fine. will be punished with.
   
2. A person who publishes or facilitates the publication of obscene images, writings, or words through the press or media. imprisonment from six months to three years and a judicial fine of up to five thousand days. will be punished with.
   
3. A person who uses children, depictions of children, or persons who appear to be children in the production of products containing obscene images, writings, or words, imprisonment from five to ten years and a judicial fine of up to five thousand days. Anyone who imports, reproduces, offers for sale, sells, transports, stores, exports, possesses, or makes available to others these products will be punished., imprisonment from two to five years and a judicial fine of up to five thousand days. will be punished with.
   
4. Any person who produces, imports, offers for sale, sells, transports, stores, makes available to others, or possesses any product containing written, audio, or visual material relating to sexual acts involving violence, animals, dead human bodies, or unnatural acts., imprisonment from one to four years and a judicial fine of up to five thousand days. will be punished with.
   
5. The person who publishes or facilitates the publication of the content of the products mentioned in paragraphs three and four through the press and media, or who enables children to see, hear or read them, six to ten years imprisonment and a judicial fine of up to five thousand days. will be punished with.
   
6. For these offenses, specific security measures are imposed on legal entities.
7. The provisions of this article shall not apply to scientific works; and, with the exception of the third paragraph, to works of artistic and literary value, provided that their access to children is prevented.

Obscenity Crimes within the Scope of Supreme Court Decisions

SUPREME COURT OF APPEALS, 18TH CRIMINAL DIVISION, CASE NO: 2015/43159, DECISION NO: 2017/1689

“"Considering that images of anal or oral sex, homosexual or group sexual intercourse, or masturbation with an object cannot be considered 'unnatural' in isolation, and that this concept describes relationships that have no place in sexual life, are degrading, or are not naturally accepted by society as a whole, The court failed to consider the need to obtain an expert report or have the judge personally examine all the images on the DVD, CD, and hard drive seized during the search of the defendant's workplace, which were deemed to contain obscene content, in order to determine whether children were used in these materials, whether the content involved violence, sexual acts with animals, sexual acts on deceased human bodies, or unnatural acts, and to determine the defendant's legal status accordingly....Since the decision is contrary to the law and the grounds for appeal of the defendant ... are found to be valid, in accordance with the request in the notification. THE VERDICT IS TO BE OVERTURNED...”

SUPREME COURT 14th Criminal Chamber, Case No. 2015/2271 E., Decision No. 2015/9553 K.

“"Regarding the appeal review of the conviction for violating the privacy of private life and the acquittal for obscenity against the defendant;
The defendant's actions, namely engaging in consensual sexual intercourse with the underage victim, recording obscene images of this act on his own mobile phone with the victim's knowledge, transferring these images to a CD, and then allowing the underage witnesses D. and D. to view them, constitute separate offenses under Articles 236/3-c-1 and 226/5 of the Turkish Penal Code. Furthermore, these actions also constitute a violation of the privacy of the victim H. However, considering the principle of concurrent offenses as stipulated in Article 44 of the Turkish Penal Code, the defendant should have been punished according to the more severe Articles 226/3-c-1 and 226/5 of the same Code. Instead, the court erred in determining the nature of the offenses, convicting the defendant of violation of privacy and acquitting him of obscenity.,
Since the appeals filed by the participating lawyer and the Public Prosecutor of that locality are deemed justified due to the illegality of the case, the judgment is reversed in accordance with Article 321 of the Code of Criminal Procedure No. 1412, taking into consideration Article 8/1 of Law No. 5320. TO DETERIORATE, The decision was made unanimously on October 20, 2015.”

SUPREME COURT 18. CRIMINAL DIVISION 2017/3354 E., 2019/5468 K.

“1- Given that some of the computers, hard disks, and CDs seized during the search of the defendant's home contained images of children being used, and others contained images of sexual intercourse with animals, the court failed to consider that the defendant's actions constituted the crime defined in Article 226/3 of the Turkish Penal Code, which prescribes the most severe penalty according to the rules of concurrent offenses in Article 44 of the same Code, and instead issued separate judgments.”,
2- Considering the number and nature of the obscene content found on the computer, hard disks, and CDs seized from the defendant, it was not considered necessary to determine the basic sentence by deviating from the lower limit.,
3- The possibility of applying the provision regarding the deprivation of rights stipulated in Article 53/1-b of the Turkish Penal Code has been eliminated due to its annulment by the Constitutional Court's decision dated 08/10/2015, numbered 2014/140 and 2015/85.,
The decision was made to overturn the previous ruling, and since the grounds for appeal of the defendant… were found to be valid, contrary to the request in the notification, ANNULMENT OF THE JUDGMENTS“

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