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 PENAL CODE OF TURKEY

 

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Part 2
Migrant Smuggling and Human Trafficking


Migrant Smuggling1
Article 79
(1) Any person who, by illegal means and with the purpose of obtaining, directly or
indirectly, a material gain:
a) enables a non citizen to enter, or remain in, the country, or
b) enables a Turkish citizen or a non citizen to go abroad,
shall be sentenced to a penalty of imprisonment for a term of three to eight years and a
judicial fine of up to ten thousand days. (Sentence Added on 22 July 2010 – By Article 6
of the Law no. 6008) where the offence remains as an incomplete attempt, the penalty
shall be imposed as if completed.
(2) (Paragraph Added on 22 July 2010 – By Article 6 of the Law no. 6008) The
penalty to be imposed shall be increased by a half to two-third where it:
a) constitutes a danger to the lives of the victims,
b) subjects the victims to degrading treatment.
(3) Where the offence is committed in the course of the activities of a criminal organization,
the penalty to be imposed shall be increased by one half.
(4) Where the offence is committed by a legal entity, the relevant security measures shall
be imposed upon that legal entity.

 

1 By Article 6 of the Law no. 6008 dated 22 July 2010, a new paragraph was added to this provision after the paragraph 1 and the other paragraphs were accordingly re-numbered.


Human Trafficking
Article 80
(1) (Amended on 6 December 2006 – By Article 3 of the Law no. 5560) Any person who
procures, kidnaps, harbours or transports a person from one place to another or brings
a person into the country or takes a person out of the country, by (1) the use of threat,
pressure, force or violence, (2) employing deceit, (3) abusing his influence, or (4)
obtaining a consent by exploiting control over another or the desperation of such other,
for the purpose of forcing them into prostitution or to work, provide a service, harvest
their organs or to subject them to slavery or any similar practice shall be sentenced to a
penalty of imprisonment for a term of eight to twelve years and to a judicial fine of up to
ten thousand days.
(2) Where an act is undertaken for the purposes referred to in paragraph one and such act
constitutes an offence, the consent of the victim shall be presumed to be invalid.
(3) Where a person under eighteen years of age is procured, kidnapped, harboured or
transported from one place to another for the purposes described in paragraph one, the
offender shall be sentenced to a penalty described paragraph one, notwithstanding the
fact that no act instrumental to the offence has been resorted to.
(4) Security measures shall be imposed upon legal entities in respect of the
aforementioned offences.

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