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Criminal Code (2004, as amended 2006)

Criminal Code

Law No. 5237, dated 26 September 2004, as amended 2006

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Human Trafficking

Article 80

1. Those who recruit, abduct, transport or transfer or harbour persons for the purpose of subjecting to forced labour or service, prostitution, enslavement or for removal of body organs, by getting their consent by means of threat, oppression, coercion or using violence, of abusing influence, of deceit or of abusing their control over or the vulnerabilities of these persons shall be sentenced to imprisonment up to eight to twelve years and a fine corresponding to 10,000 days.

2. The consent of the victim shall be irrelevant in cases where the acts that constitute a crime are attempted with the intentions described in paragraph 1.

3. In cases where minors below the age of eighteen are procured, abducted, transported or transferred or harboured with the intentions specified in paragraph one, the penalties foreseen in paragraph 1 shall still be applied to the perpetrator, even when no intermediary actions relating to the crime are committed.

4. Legal entities shall also be subject to security measures for such crimes.

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Assault of chastity

Article 102

1. One, who infringes on a person's body immunity with sexual acts, will be sentenced to prison terms of two to seven years in case of petition of aggrieved party.

2. Whether the crime is committed by the way of penetration of organ or such a thing, a sentence will be given from seven years to twelve years. In case of commitment to the spouse to begin a legal inquisition and investigation is opt to the aggrieved party's petition.

3. Whether the crime; is committed

a. to a person who is defenceless from the point of both physical and mental views

b. by the abuse of power of public duty or service

c. to a person who is connected with offender by blood or affinity, including third degree

d. by using weapon or collectively, the punishments mentioned within this article will be increased to half times more.

4. In case of usage of undue force during the assault, the person will be also sentenced for the act of inflicting injury.

5. In case of physical and mental health injury of aggrieved person resulted from the crime, the aggressor will be sentenced to prison not less than ten years.

6. In case of living without consciousness or death of aggrieved person results from the crime, the aggressor will be sentenced to heavy life imprisonment.

Abuse of children

Article 103

1. One, who abuses a child will be sentenced to prison terms of three years to eight years. Terms of abuse refer to;

a. all forms of sexual acts to a child who has not finished the age of fifteen or is not able to understand the legal consequences of the act though he/she has finished the age of fifteen.

b. sexual acts to others by the means of mistake, misrepresentation, undue influence , enforcement or other behaviours that influence on mind.

2. In case of sexual abuse by penetrating organ or such a thing, eight to fifteen years of imprisonment will be sentenced.

3. These punishments will be increased to half times more when the sexual abuse is committed by ascendants, second and third degree blood relatives, step father, whom adopted a child, guardian, educator, teacher, caretaker, by others who is liable for the protection and due care or committed by the abuse of power of public duty or service.

4. In case of commitment of sexual abuse by using enforcement or undue influence to the children in which the first sub-paragraph and division 'a' refers, the punishment will be increased to half times pursuant to article 103.

5. Whether the heavy consequences of trespass occur as a result of enforcement and physical violence, related provisions will be applied concerning this crime.

6. In case of physical and mental health injury of aggrieved person resulted from the crime, the aggressor will not be sentenced less than fifteen years imprisonment.

7. In case of living without consciousness or death of aggrieved person results from the crime, the aggressor will be sentenced to heavy life imprisonment.

Sexual intercourse with a person under the age of eighteen

Article 104

1. One who has a sexual relation with a child finished the age of fifteen without misrepresentation, undue influence and enforcement, will be sentenced to prison terms of six months to two years, by petition.

2. Whether the offender is older than five years from the offended party, the punishment will be increased two times more, regardless of petition.

Sexual harassment

Article 105

1. One, who harasses someone sexually, will be sentenced to prison terms of three months to two years or fined, by the petition of aggrieved party.

2. Whether this crime is committed by abuse of power results from hierarchy or service relationship or by benefiting the facility of the common working area, the punishment pursuant to above sub-paragraph will be increased two times more. In case of compulsory resignation of aggrieved party from the work because of this action, the punishment can not be less than one year.

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Prostitution

Article 227

1. One, who instigates a child to prostitution, who facilitates the way of it, procures or shelters or mediates to child’s prostitution will be sentenced to prison terms of four years to ten years and fined up to five thousands days equivalent Turkish liras. Preparation acts is also punished as committed crime.

2. One, who instigates someone to prostitution, facilitates the way of or mediates for it or guarantees the place where prostitution is practiced will be imprisoned from two years to four years and fined with Turkish liras with an equivalent worth of up to three thousand days. Benefiting partly or entirely from the gain of whom act as a prostitute, is regard as instigating to prostitution.

3. One, who allows person to get into the country and to get out from the country for the act of prostitution, is punished in terms of above provisions.

4. The above mentioned punishments will be increased from half times to two times regarding the person who procures or instigates someone to prostitution by using force or pressure or by abusing his/her misrepresentation or mistake.

5. These punishments will be increased to half times whether the crimes are committed by spouse, ascendants, ascendants in-law, brother(sister), whom adopted a child, guardian, educator, teacher, caretaker, by others who is liable for protection and due care or committed by the abuse of power of public duty or service.

6. These punishments will be increased to half times in case of being committed within the framework of crime organization.

7. Private security precaution provisions will be applied to legal entities with respect to these crimes.

8. One, who acts as a prostitute shall be subjected to treatment or psychological therapy.

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