Dialog on Recidivism in Turkish Criminal Law – Ceza Hukukunda Tekerrür üzerine Diyalog

Merhaba sevgili okuyucularımız

Bu yazımızda Türk Ceza Kanunu 58 inci Maddesinde yer alan “Tekerrür” hükümleri doğrultusunda hazırladığımız, Hukuk İngilizcesi düzeyi yüksek bir diyalog metni hazırladık. Yazı sonunda konu ile ilgili kavram sözlüğü ile konuya ilişkin bir test çalışması da sizleri bekliyor.

Keyifli çalışmalar dileriz …

Dialog: Recidivism in Turkish Criminal Law

Characters:

Senior Lawyer: Mr. Yılmaz
Junior Lawyer: Ms. Ayşe

Ms. Ayşe:
Good morning, Mr. Yılmaz. I’ve been reviewing the file on recidivism under Article 58 of the Turkish Penal Code, but I’d like to clarify some points. Could we discuss it briefly?

Mr. Yılmaz:
Of course, Ms. Ayşe. Let’s remind it. Article 58 is a critical provision addressing recidivism and its implications. What specifically do you need assistance with?

Ms. Ayşe:
I’m struggling to understand the procedural and substantive effects of recidivism. How does it impact the sentencing and execution phases?

Mr. Yılmaz:
That’s an excellent question. First, let’s define recidivism. Under Article 58, it occurs when an individual commits a new crime after a previous conviction becomes final. The Penal Code establishes distinct consequences for such offenders, reflecting the seriousness of repeated criminal behavior.

Ms. Ayşe:
So, how does this affect the initial sentencing?

Mr. Yılmaz:
When the court determines sentencing, recidivism plays a significant role. For instance, in crimes subject to elective sanctions, such as fines or imprisonment, the court is mandated to impose imprisonment instead of a judicial fine. This is explicitly required under Article 58/3, leaving no room for judicial discretion.

Ms. Ayşe:
I see. What about the execution phase?

Mr. Yılmaz:
The execution of the sentence is handled differently for repeat offenders. They are subjected to an execution regime tailored for recidivists, which often entails stricter conditions. Furthermore, after serving their sentence, these individuals are placed under probationary supervision, as stipulated by the relevant legislation.

Ms. Ayşe:
Does this mean that recidivism influences post-execution measures as well?

Mr. Yılmaz:
Precisely. Once the sentence is completed, probation measures are applied to monitor and rehabilitate the offender. This reflects the system’s dual focus: ensuring accountability while aiming for social reintegration.

Ms. Ayşe:
That’s enlightening. One last thing—are there any other laws apart from the Penal Code that address recidivism?

Mr. Yılmaz:
Yes, indeed. While the Turkish Penal Code outlines the core principles, the Law on the Execution of Penal and Security Measures elaborates on the execution processes. It ensures that penalties and rehabilitation strategies are effectively implemented.

Ms. Ayşe:
Thank you, Mr. Yılmaz. This discussion clarified a lot for me.

Mr. Yılmaz:
You’re welcome, Ms. Ayşe. Mastering these concepts will serve you well in practice. Let me know if you have further questions.

after a couple of days…

Ms. Ayşe:
Mr. Yılmaz, thank you for taking the time again. While reviewing the detailed provisions regarding recidivism, I noticed several specific scenarios outlined in the legislation. Could we explore those in more depth?

Mr. Yılmaz:
Certainly, Ms. Ayşe. The repeat offending provisions are quite nuanced, and understanding them is crucial for accurate application. Let’s break them down.

Ms. Ayşe:
The first point I’d like to discuss is the application of these provisions. When do they become operative?

Mr. Yılmaz:
The provisions apply when a subsequent offence is committed after a previous conviction becomes final. However, it’s not necessary for the penalty from the first conviction to have been enforced for the recidivism provisions to take effect.

Ms. Ayşe:
That makes sense. Are there any time limitations after which recidivism no longer applies?

Mr. Yılmaz:
Yes, timeframes are critical here. According to the law:

If the initial sentence was greater than five years, the provisions cease to apply five years after the completion of the sentence.
If the sentence was for five years or less, or if it was a judicial fine, the provisions no longer apply three years after the completion of the sentence.

Ms. Ayşe:
What about offences of different natures? For example, what if an intentional crime is followed by a reckless crime?

Mr. Yılmaz:
That’s explicitly excluded. The repeat offending provisions are inapplicable when an offence of recklessness follows one of intent, or vice versa. Similarly, a strict military offence cannot trigger recidivism when it follows a general criminal offence or vice versa.

Ms. Ayşe:
I see. Are judgments from foreign courts ever considered for recidivism?

Mr. Yılmaz:
Generally, they are not. However, there are exceptions for severe crimes, such as intentional killing, robbery, or narcotics-related offences. These crimes, regardless of jurisdiction, may still trigger recidivism provisions.

Ms. Ayşe:
Interesting. Are minors subject to these provisions?

Mr. Yılmaz:
No, individuals who were under eighteen years old at the time of the offence are exempt. This reflects the rehabilitative focus of juvenile justice systems.

Ms. Ayşe:
What happens once recidivism is established?

Mr. Yılmaz:
Several steps follow:

Imprisonment must be imposed if the law allows for a choice between imprisonment and a judicial fine.
The sentence is enforced under the regime for repeat offenders, which is stricter than standard enforcement.
After completing the sentence, a probationary measure is applied. This ensures continued supervision of the offender.

Ms. Ayşe:
Is the court required to specify these enforcement conditions?

Mr. Yılmaz:
Absolutely. The judgment must explicitly state the applicable enforcement regime for repeat offenders and indicate that the probationary measure will apply post-sentence.

Ms. Ayşe:
Finally, what about habitual offenders or those in criminal organizations?

Mr. Yılmaz:
Good observation. The provisions and enforcement codes for repeat offenders also extend to habitual offenders, career offenders, and members of criminal organizations, ensuring a comprehensive approach to combating serious and organized crime.

Ms. Ayşe:
This has been incredibly helpful, Mr. Yılmaz. I now see how intricate these provisions are.

Mr. Yılmaz:
I’m glad you’re finding this valuable. The key to mastering these concepts lies in understanding their rationale and application. Don’t hesitate to bring more questions as you continue exploring this area.

Vocabulary List: Key Legal Terms Related to Recidivism

Recidivism – Tekerrür
Final Conviction – Kesinleşmiş Mahkûmiyet
Penalty Enforcement – Cezanın İnfazı
Timeframe – Zaman Çerçevesi
Recklessness – Taksir
Intent – Kast
Judicial Fine – Adli Para Cezası
Imprisonment – Hapis Cezası
Probationary Measure – Denetimli Serbestlik Tedbiri
Habitual Offender – İtiyadi suçlu
Career Offender – Suçu meslek edinen
Criminal Organization – Suç Örgütü
Foreign Court Judgments – Yabancı Mahkeme Kararları
Enforcement Code – İnfaz Kanunu
Execution Regime – İnfaz Rejimi

Recidivism in Turkish Criminal Law: Advanced Test

1. Which of the following is not a requirement for the application of recidivism provisions?

A) The commission of a subsequent offence
B) The enforcement of the penalty from the prior conviction
C) A finalised conviction for the prior offence
D) The subsequent offence must occur within a specific timeframe

2. What is the time limitation for applying recidivism provisions when the previous sentence was for five years or less?

A) 5 years after the completion of the sentence
B) 3 years after the completion of the sentence
C) 10 years after the completion of the sentence
D) No time limitation applies

3. In which scenario do recidivism provisions not apply?

A) When an intentional offence follows a reckless offence
B) When a reckless offence follows an intentional offence
C) Both A and B
D) When a judicial fine is imposed instead of imprisonment

4. Under Article 58/3 of the Turkish Penal Code, what is the consequence of recidivism for crimes with alternative sanctions?

A) The court may choose between imprisonment and a judicial fine
B) The court must impose imprisonment
C) The court must impose a judicial fine
D) The court can suspend the sentence

5. Which offences committed abroad are not exempt from recidivism provisions?

A) Intentional Injury
B) Forgery of Money
C) Recklessness Offences
D) Both A and B

6. For a recidivist, how is the sentence enforced?

A) Under the standard enforcement regime
B) According to the regime specific to repeat offenders
C) Through conditional release only
D) Under the discretion of the judge

7. Which age group is excluded from the application of recidivism provisions?

A) Offenders under 15 years old
B) Offenders under 16 years old
C) Offenders under 18 years old
D) Offenders under 21 years old

8. What does the probationary measure for recidivists entail?

A) Supervised monitoring after the sentence
B) Immediate release after imprisonment
C) Reduced sentence
D) Suspension of enforcement

9. How must the judgment address recidivism?

A) It must specify the applicable enforcement regime
B) It must exclude the probationary measure
C) It must recommend conditional release
D) It has no specific requirements

10. Habitual offenders are treated the same as:

A) Juveniles under 18
B) Career offenders and members of criminal organizations
C) Individuals convicted of recklessness offences
D) Offenders exempt from recidivism provisions

11. Recidivism provisions apply even if:

A) The penalty for the first conviction has not been enforced
B) The subsequent offence is reckless
C) The offender is under 18
D) The initial conviction was from a foreign court