Crimes Subject to Mediation | İzmir Lawyer | Izmir Law Firm | Which Crimes Are Subject to Mediation? | What Crimes Are Covered by Mediation?
Table of Contents,
- Türk Ceza Kanunu’nda Uzlaştırmacılığa Tabi Suçlar
- 1163 Sayılı Kooperatifler Kanunu’nda Uzlaştırmacılığa Tabi Suçlar
- Crimes Subject to Mediation Under the Enforcement and Bankruptcy Law No. 2004
- Law No. 3573 on the Improvement of Olive Cultivation and the Grafting of Wild Olive Trees
- Crimes Subject to Mediation Under Law No. 5042 on the Protection of Breeders' Rights for New Plant Varieties
- Crimes Subject to Mediation Under Law No. 5846 on Intellectual and Artistic Works
- Crimes Subject to Mediation Under Law No. 5941 on Checks
- Crimes Subject to Mediation Under the Turkish Commercial Code No. 6102
- Crimes Subject to Mediation Under Law No. 6325 on Mediation in Legal Disputes
- Crimes Subject to Mediation Under Law No. 6750 on Movable Property Pledges in Commercial Transactions
- Crimes Subject to Mediation Under Law No. 6769 on Industrial Property
- Crimes that fall within the scope of mediation only with regard to children involved in crime.
Turkish Penal Code‘nda Uzlaştırmacılığa Tabi Suçlar
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Intentional injury | 86/1 | No | Imprisonment from one to three years |
| 2 | Intentional injury | 86/2 | Yes | Imprisonment from four months to one year or a judicial fine. |
| 3 | Intentional injury committed through negligent conduct | 88 | – | – |
| 4 | Injury due to negligence | 89/1 | Yes | Imprisonment from three months to one year or a judicial fine. |
| 5 | Injury due to negligence | 89/2 | Yes (no in case of conscious negligence) | The penalty determined according to the first paragraph shall be increased by half. |
| 6 | Injury due to negligence | 89/3 | Yes (no in case of conscious negligence) | The penalty determined according to the first paragraph shall be increased by one fold. |
| 7 | Injury due to negligence | 89/4 | Yes (no in case of conscious negligence) | A prison sentence of six months to three years. |
| 8 | Threatening | 106/1. second sentence | Yes | Six feet imprisonment or a judicial fine |
| 9 | Threatening | 106/1 first sentence | No | A prison sentence of six months to two years. |
| 10 | Violation of the inviolability of the home | 116/1 | Yes | Six months to two years imprisonment |
| 11 | Violation of the inviolability of the home | 116/2 | Yes | Imprisonment from six months to one year or a judicial fine. |
| 12 | Violation of the inviolability of the home | 116/4 | No | Imprisonment from one to three years |
| 13 | Violation of freedom of work and employment | 117/1, 119/1-c | Yes | Imprisonment from six months to two years or a judicial fine. |
| 14 | Disturbing the peace and tranquility of individuals | 123/1 | Yes | A prison sentence of three months to one year. |
| 15 | Insult | 125/1 | Yes | Imprisonment from three months to two years or a judicial fine. |
| 16 | Insult | 125/2 | Yes | Imprisonment from three months to two years or a judicial fine. |
| 17 | Insult | 125/3-b, 3-c | Yes | The minimum sentence is one year in prison. |
| 18 | Insulting the memory of a person | 130/1 | Yes | Imprisonment from three months to two years or a judicial fine. |
| 19 | Insulting the memory of a person | 130/2 | Yes | A prison sentence of three months to two years. |
| 20 | Violation of the confidentiality of communications | 132/1 | Yes | Imprisonment from one to three years |
| 21 | Violation of the confidentiality of communications | 132/2 | Yes | A prison sentence of two to five years. |
| 22 | Violation of the confidentiality of communications | 132/3 | Yes | Imprisonment from one to three years |
| 23 | Listening to and recording conversations between individuals. | 133/1 | Yes | A prison sentence of two to five years. |
| 24 | Listening to and recording conversations between individuals. | 133/2 | Yes | Imprisonment from six months to two years or a judicial fine. |
| 25 | Listening to and recording conversations between individuals. | 133/3 | Yes | Imprisonment from two to five years and a fine of up to four thousand days. |
| 26 | Violation of privacy | 134/1 | Yes | Imprisonment from one to three years |
| 27 | Violation of privacy | 134/2 | Yes | A prison sentence of two to five years. |
| 28 | Theft | 141/1 | No | Imprisonment from one to three years |
| 29 | Theft committed on property jointly or in common ownership, or for the purpose of collecting a debt based on a legal relationship. | 144/1-a,1-b | Yes | Imprisonment from two months to one year or a judicial fine. |
| 30 | Theft of use | 146/1 | Yes | – |
| 31 | Damage to property | 151/1 | Yes | Imprisonment from four months to three years or a judicial fine. |
| 32 | Damage to property | 151/2 | Yes | Imprisonment from four months to three years or a judicial fine. |
| 33 | Trespassing on property to which one has no right. | 154/1 | Yes | Imprisonment from six months to three years and a judicial fine of up to one thousand days. |
| 34 | Breach of trust | 155/1 | Yes | Imprisonment from six months to two years and a judicial fine. |
| 35 | Breach of trust | 155/2 | No | Imprisonment from one to seven years and a judicial fine of up to three thousand days. |
| 36 | Using a promissory note without consideration | 156/1 | Yes | Imprisonment from six months to two years and a judicial fine. |
| 37 | Fraud | 157/1 | No | Imprisonment from one to five years and a fine of up to five thousand days. |
| 38 | Fraud is a lesser offense. | 159/1 | Yes | Imprisonment from six months to one year or a judicial fine. |
| 39 | Disposal of lost or mistakenly acquired property | 160/1 | Yes | Up to one year imprisonment or a judicial fine |
| 40 | Buying or accepting stolen goods | 165 | No | Imprisonment from six months to three years and a judicial fine of up to ten thousand days. |
| 41 | Misuse of blank signatures | 209/1 | Yes | A prison sentence of three months to one year. |
| 42 | Breach of obligation arising from family law | 233/1 | Yes | Up to one year in prison |
| 43 | Kidnapping and detention of a child | 234/1 | No | A prison sentence of three months to one year. |
| 44 | Kidnapping and detention of a child | 234/2 | No | The penalty imposed under the first paragraph shall be increased by one fold. |
| 45 | Kidnapping and detention of a child | 234/3 | Yes | A prison sentence of three months to one year. |
| 46 | Disclosure of information or documents that constitute trade secrets, banking secrets, or customer secrets. | 239/1 | Yes | Imprisonment for one to three years and a judicial fine of up to five thousand days. |
| 47 | Disclosure of information or documents that constitute trade secrets, banking secrets, or customer secrets. | 239/2 | Yes | Imprisonment for one to three years and a judicial fine of up to five thousand days. |
| 48 | Disclosure of information or documents that constitute trade secrets, banking secrets, or customer secrets. | 239/3 | No | The penalty determined according to the first paragraph shall be increased by one-third. |
Number 1163 Cooperatives Law‘nda Uzlaştırmacılığa Tabi Suçlar
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Commercial books and confidentiality provisions and penalties. | 25 | Yes | Up to one year imprisonment or a judicial fine |
Law No. 2004 Enforcement and Bankruptcy LawCrimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | The penalty for debtors who reduce their assets with the intention of harming their creditors. | 331/1 | Yes | Imprisonment from six months to three years and a fine of up to one thousand days' wages. |
| 2 | The penalty for debtors who reduce their assets with the intention of harming their creditors. | 331/2 | Yes | Imprisonment from six months to three years and a fine of up to one thousand days' wages. |
| 3 | The penalty for debtors who reduce their assets with the intention of harming their creditors. | 331/3 | Yes | Imprisonment from six months to three years and a fine of up to one thousand days' wages. |
| 4 | The penalty for debtors who reduce their assets with the intention of harming their creditors. | 331/4 | Yes | Imprisonment from two to four years and a fine of up to one thousand days' wages. |
| 5 | The penalty for a debtor who causes their own insolvency through their own actions or knowingly aggravates their situation. | 332/1 | Yes | Fifteen to six days imprisonment |
| 6 | The penalty for a debtor who causes their own insolvency through their own actions or knowingly aggravates their situation. | 332/2 | Yes | Fifteen to six days imprisonment |
| 7 | The manager's responsibility in a commercial enterprise. | 333/a/1 | Yes | Imprisonment from six months to two years and a judicial fine of up to five thousand days. |
| 8 | The manager's responsibility in a commercial enterprise. | 333/a/2 | Yes | Judicial fine of up to two thousand days |
| 9 | The penalty for a debtor who misleads authorized persons in a concordat or in the restructuring of capital companies and cooperatives through settlement, or who fails to comply with the terms of the concordat or restructuring through settlement. | 334 | Yes | A prison sentence of six months to one year. |
| 10 | The punishment for those who abandon trade. | 337/a/1 | Yes | A prison sentence of three months to one year. |
| 11 | The punishment for those who make statements contrary to the truth. | 338/1 | Yes | A prison sentence of three months to one year. |
| 12 | The penalty for those who are obliged to request the bankruptcy of capital companies. | 345/a | Yes | Ten days to three months imprisonment |
Law No. 3573 Law on the Improvement of Olive Cultivation and the Grafting of Wild Olive Trees
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Bringing all kinds of animals into olive groves, and constructing sheep and goat pens within at least one kilometer of olive groves, excluding residential areas. | 14/3 | Yes | Up to three months imprisonment or a judicial fine |
New Law No. 5042 Law on the Protection of Breeders' Rights Relating to Plant Varieties Crimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Violations and sanctions | 66/1-a | Yes | Imprisonment for one to two years or a judicial fine of up to one thousand days. |
| 2 | Violations and sanctions | 66/1-b | Yes | A judicial fine of not less than two hundred and fifty days. |
Law No. 5846 Law on Intellectual and Artistic Works Crimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Infringement of moral, financial or related rights | 71/1.1 | Yes | Imprisonment for one to five years or a judicial fine. |
| 2 | Infringement of moral, financial or related rights | 71/1.2 | Yes | Imprisonment from six months to two years or a judicial fine. |
| 3 | Infringement of moral, financial or related rights | 71/1.3 | Yes | Imprisonment from six months to two years or a judicial fine. |
| 4 | Infringement of moral, financial or related rights | 71/1.4 | Yes | Up to six months imprisonment |
| 5 | Infringement of moral, financial or related rights | 71/1.5 | Yes | Up to six months imprisonment |
| 6 | Infringement of moral, financial or related rights | 71/1.6 | Yes | Imprisonment from three months to one year or a judicial fine. |
| 7 | Infringement of moral, financial or related rights | 71/2 | Yes | A prison sentence of three months to two years. |
| 8 | Preparatory actions aimed at rendering protective programs ineffective. | 72/1 | Yes | The person faces a prison sentence of six months to two years. |
Law No. 5941 Czech Law Crimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Regarding a check that is partially or completely without funds, the court shall not process the transaction as "insufficient funds," despite the request for processing. | 7/4 | Yes | Up to one year in prison |
| 2 | Other penalties and provisions | 7/5 | Yes | Up to one year in prison |
Turkish Commercial Code No. 6102 Crimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Actions that warrant punishment | 62/1-a | Yes | Unless the act constitutes another crime punishable by a more severe penalty, imprisonment of up to two years. or a judicial fine |
| 2 | Actions that warrant punishment | 62/1-b | Yes | Unless the act constitutes another crime punishable by a more severe penalty, the sentence is imprisonment for up to two years or a fine. |
| 3 | Actions that warrant punishment | 62/1-c | Yes | Unless the act constitutes another crime punishable by a more severe penalty, imprisonment of up to two years. or a judicial fine |
| 4 | Actions that warrant punishment | 62/1-d | Yes | Unless the act constitutes another crime punishable by a more severe penalty, imprisonment of up to two years. or a judicial fine |
Law No. 6325 on Mediation in Legal Disputes Crimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Violation of privacy | 33 | Yes | Up to six months imprisonment |
Law No. 6750 on Movable Property Pledges in Commercial Transactions Crimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Sanctions | 16/1 | Yes | A judicial fine not exceeding half of the secured debt amount. |
Industrial Property Law No. 6769 Crimes Subject to Mediation
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Criminal provisions regarding trademark infringement. | 30/1 | Yes | Imprisonment for one to three years and up to twenty thousand days judicial fine |
| 2 | Criminal provisions regarding trademark infringement. | 30/2 | Yes | Imprisonment for one to three years and a judicial fine of up to five thousand days. |
| 3 | Criminal provisions regarding trademark infringement. | 30/3 | Yes | Imprisonment for two to four years and a fine of up to five thousand days. |
Crimes that fall within the scope of mediation only with regard to children involved in crime.
| SEQUENCE NUMBER | NAME OF THE CRIME | ARTICLE/PARAGRAPH | IS IT SUBJECT TO COMPLAINT? | AMOUNT OF PENALTY PRESCRIBED IN THE LAW |
|---|---|---|---|---|
| 1 | Intentional injury | 86/1 | No | Imprisonment from one to three years |
| 2 | Intentional injury | 86/2, 86/3 | No | The penalty determined according to Article 86/2 of the Turkish Penal Code increased by half |
| 3 | Experiment on humans | 90/1 | No | Imprisonment from one to three years |
| 4 | Organ and tissue trafficking | 91/2 | No | Up to one year in prison |
| 5 | Organ and tissue trafficking | 91/6 | No | Up to one year in prison |
| 6 | Abandon | 97/1 | No | A prison sentence of three months to two years. |
| 7 | Failure to fulfill the obligation to provide assistance or notification. | 98/1 | No | Up to one year imprisonment or a judicial fine |
| 8 | Failure to fulfill the obligation to provide assistance or notification. | 98/2 | No | Imprisonment from one to three years |
| 9 | Sterilization | 101/2 | No | Imprisonment from one to three years |
| 10 | Blackmail | 107/1 | No | Imprisonment for one to three years and a judicial fine of up to five thousand days. |
| 11 | Blackmail | 107/2 | No | Imprisonment for one to three years and a judicial fine of up to five thousand days. |
| 12 | Algebra | 108/1 (Turkish Penal Code 86/2), (If combined with 86/3) | No | Increasing the sentence for intentional bodily harm by one-third to one-half. |
| 13 | Prevention of the exercise of political rights | 114/1 | No | Imprisonment from one to three years |
| 14 | Preventing the exercise of freedom of belief, thought, and opinion. | 115/1 | No | Imprisonment from one to three years |
| 15 | Preventing the exercise of freedom of belief, thought, and opinion. | 115/2 | No | Imprisonment from one to three years |
| 16 | Preventing the exercise of freedom of belief, thought, and opinion. | 115/3 | No | Imprisonment from one to three years |
| 17 | Violation of freedom of work and employment | 117/1, 119/1-c | No | Imprisonment from six months to two years and a judicial fine. |
| 18 | Violation of freedom of work and employment | 117/2 | No | imprisonment from six months to three years or not less than one hundred days judicial fine |
| 19 | Violation of freedom of work and employment | 117 / 3 | No | imprisonment from six months to three years or a sentence of not less than one hundred days. judicial fine |
| 20 | Violation of freedom of work and employment | 117/4 | No | A prison sentence of six months to three years. |
| 21 | Preventing the exercise of trade union rights | 118/1 | No | A prison sentence of six months to two years. |
| 22 | Preventing the exercise of trade union rights | 118/2 | No | Imprisonment from one to three years |
| 23 | Hate and discrimination | 122/1 | No | Imprisonment from one to three years |
| 24 | Blocking communication | 124/1 | No | Imprisonment from six months to two years or a judicial fine |
| 25 | Insult | 125/3 | No | The minimum sentence is one year in prison. |
| 26 | Recording personal data | 135/1 | No | Imprisonment from one to three years |
| 27 | Not deleting the data | 138/1 | No | A prison sentence of one to two years. |
| 28 | Theft committed on property jointly or in common ownership, or for the purpose of collecting a debt based on a legal relationship. | 144/1-a, 1-b, 143 | No | The sentence to be given according to Article 144 of the Turkish Penal Code shall be increased by half. |
| 29 | Negligent bankruptcy | 162/1 | No | A prison sentence of two months to one year. |
| 30 | Uncompensated use | 163/1 | No | Imprisonment for two to six months or a judicial fine. |
| 31 | Uncompensated use | 163/2 | No | Imprisonment from six months to two years or a judicial fine. |
| 32 | Uncompensated use | 163/3 | No | Imprisonment from one to three years |
| 33 | I will not provide information. | 166/1 | No | Six feet imprisonment or a judicial fine |
| 34 | Changing the child's parentage | 231/1 | No | Imprisonment from one to three years |
| 35 | Ill-treatment | 232/1 | No | A prison sentence of two months to one year. |
| 36 | Ill-treatment | 232/2 | No | Up to one year in prison |
| 37 | Breach of obligation arising from family law | 233/2 | No | A prison sentence of three months to one year. |
| 38 | Breach of obligation arising from family law | 233/3 | No | A prison sentence of three months to one year. |
| 39 | Kidnapping and detention of a child | 234/1 | No | A prison sentence of three months to one year. |
| 40 | Kidnapping and detention of a child | 234/2 | No | The penalty determined according to Article 234/1 of the Turkish Penal Code shall be increased by one fold. |
| 41 | Accessing the information system | 243/1 | No | Up to one year imprisonment or a judicial fine |
| 42 | Accessing the information system | 243/3 | No | A prison sentence of six months to two years. |
| 43 | Accessing the information system | 243/4 | No | Imprisonment from one to three years |
| 44 | Blocking, disrupting the system, destroying or altering data. | 244/2 | No | A prison sentence of six months to three years. |
| 45 | Unlawful disposal of personal property | 261/1 | No | Unless the act constitutes a more serious crime, the sentence is imprisonment for six months to two years. |
| 46 | Resisting the performance of a task | 265/1 | No | Six months to three years imprisonment |
| 47 | Genital examination | 287/1 | No | A prison sentence of three months to one year. |
| 48 | Preventing the exercise of rights and access to nutrition | 298/1 | No | Imprisonment from one to three years |
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