Constitution of Turkey (article 38 as amended in October 2001)


(1982, as amended by Law No. 4709, 17 October 2001)

(emphasis added)

(…)XIII. Provisions Relating to the Protection of Rights(…)C. Principles Relating to Offences and Penalties


No one shall be punished for any act which does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed.

The provisions of the above paragraph shall also apply to the statute of limitations on offences and penalties and one the results of conviction.

Penalties, and security measures in lieu of penalties, shall be prescribed only by law.

No one shall be held guilty until proven guilty in a court of law.

No one shall be compelled to make a statement that would incriminate himself or his legal next of kin, or to present such incriminating evidence. Criminal responsibility shall be personal.

General confiscation shall not be imposed as a penalty.

The death penalty shall not be imposed excluding the cases in time of war, imminent threat of war and terrorist crimes.

Findings obtained through illegal methods shall not be considered as evidence.

No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.

No citizen shall be extradited to a foreign country on account of an offence.