Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Anti-Terror Law Amending Law In

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TERÖRLE MÜCADELE KANUNUNDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN

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Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5532.html

Law No. 5532

Acceptance Date: 29/06/2006

12/4/1991 Article 1 and the title of the 3713 Anti-Terrorism Article 1 of the Law "definition of terrorism" has been changed to.
Article 2 of Law No. 3713 Article 3 is amended as follows.
"Article 3 26/9/2004 dated 5237 of the Turkish Penal Code 302, 307, 309, 311, 312, 313, 314, 315 and 320 and the provisions of Article 310 to Article written crime in the first paragraph are terrorist crimes. "
Article 3 of Law No. 3713 with the title of Article 4 is amended as follows.
"Terrorist purposes offenses with
Article 4 the following crimes to commit crimes for the purposes specified in Article 1 established if it was committed in the framework of the activities of a terrorist organization, terrorist offenses are counted:
a) 79 of the Turkish Penal Code, 80 , 81, 82, 84, 86, 87, 96, 106, 107, 108, 109, 112, 113, 114, 115, 116, 117, 118, 142, 148, 149, 151, 152, 170, 172, 173 , 174, 185, 188, 199, 200, 202, 204, 210, 213, 214, 215, 223, 224, 243, 244, 265, 294, 300, 316, 317, 318 and 310 Article 319 Article of the crimes listed in the second paragraph.
b) 6136 dated 10/7/1953 and Firearms and Knives and crimes defined in the Law on other devices.
c) dated 31.8.1956 and Article 110 of the 6831 Forestry Law the deliberate forest fires crimes described in the fourth and fifth paragraphs of the article.
d) 10/7/2003 dated 4926 Trafficking is defined in the Terrorism Act and offenses imprisonment.
d) of the Constitution article 120 in accordance with a state of emergency declared areas , crimes related to the events that led to the declaration of state of emergency.
E) and No. 2863 dated 21/7/1983 Culture and crimes defined in Article 68 of the Natural Heritage Conservation Act. "
Article 4 of Article 5 of the 3713 Act has been amended as follows.
" Article 5 3 and 4 shall be determined according to the material laws for those who commit crimes shall be punished by imprisonment or fined increased by half. the penalty will be determined in this way, the need for actions that need any kind of punishment that exceeded the limit up to which certain penalties. However, instead of life imprisonment, he shall be sentenced to aggravated life imprisonment.
The crime was committed in the framework of the activities of the organization to increase the penalty is set forth in the relevant article; It just made the penalty increases according to this article. However, such increase will be not be less than two-thirds of the sentence. "
Article 5 Law No. 3713 of Article 6 of the first, the second and third paragraphs of" fine of pounds ten million pounds of heavy money "to" up to three years to one year in prison as " , is amended as follows: the fourth paragraph and paragraph has been added following paragraph.
"In processing through the press of the acts referred to in the preceding paragraph and publications appeared, of press and publication about the owners and the publication responsible who have not participated in the commission of the offense shall be sentenced to judicial fine up to ten thousand days of a thousand a day. However, for publication in charge of the upper limit of this punishment five thousand is the day. "
"Terror encouraged publicly to commit a crime within the framework of the activities of the organization, finished with a crime and periodicals containing propaganda for the criminals to praise or terrorist judge's decision, in case of delay in mind as well as measures by order of the public prosecutor may be suspended up to a month to fifteen days. The public prosecutor, it shall decide at the latest within twenty-four hours the judge. the judge does not approve, within forty-eight hours, the decision to stop and void. "
ARTICLE 6 Article 7 of the 3713 Act has been amended as follows.
"Article 7 using force, violence, repression, and intimidation, the intimidation or threat method to commit crimes for the purposes specified in Article 1, the terrorist organization who, governors who are members of this organization on Article 314 of the Turkish Penal Code shall be punished according to the provisions. regulating the activities of the organization shall be punished as the manager of the organization.

person who makes propaganda of a terrorist organization, is punishable by up to five years in prison for a year. In the event of processing with the press and publication of this offense, the penalty shall be increased by half. In addition, owners of press and publications and broadcasts about responsible who have not participated in the commission of the offense until the day of the eleven thousand days shall be subject to a judicial fine. However, chief editors, the upper limit of the penalty is five thousand days. The following actions and conduct shall be punished according to the provisions of this paragraph:
a) propaganda for the terrorist organization of meetings and demonstrations converted, wholly or partly for the purpose of concealing the identity of the closure of the face.
B) Terrorism is the member or supporter of the organization is such that certain, transportation emblems and insignia belonging to the organization, broadcasts and chanting slogans or audio equipment or the wearing of uniforms on which the emblems and insignia belonging to a terrorist organization.
Of the offenses referred to in the second paragraph; associations, foundations, political parties, labor and professional organizations or buildings owned by their subsidiary, local, office or in the plug-in or educational institutions or students' dormitories or in the processing of their add-on sentence in this paragraph shall be doubled. "
ARTICLE 7 3713 with the title of the repealed Article 8 of the Law and the following revised as follows to come after the Article 8 8 / a and 8 / B it has been added.
"Finance terrorist
Article 8- Those who completely or partially knowing that used to commit terrorist offenses and provides willingly or collect funds, shall be punished as a member of the organization. The Fund also used, though the perpetrators are punished in the same way.
This Article fund cited in the first paragraph of all kinds can be represented by money or the value of money, goods, receivables, represents the interests and values ​​of the outcome of exchange of their income and benefits. "
"Qualified state
Article 8 / A of crimes covered by this law are committed by abusing the influence based on public office, the penalty shall be increased by half."
"The responsibility of legal persons
ARTICLE 8 / B- are committed within the framework of a legal person of the activities of the offenses covered by this law, according to Article 60 of the Turkish Penal Code pertinent to their specific security measures."
Article 8 of Law No. 3713 with the title of Article 9 is amended as follows.
"The determination of duties and jurisdictions
Article 9 cases involving offenses within the scope of this Act, 4.12.2004, dated and numbered 5271 Criminal of Procedure Code article 250 is in heavy penal courts specified in the first paragraph. For these crimes fifteen lawsuits filed over the years about children seen in this court. "
Article 9 of Law No. 3713 with the title of Article 10 is amended as follows.
"Investigation and prosecution procedures to
Article 10 regarding the offenses covered by this Law, Criminal Procedure Law 250 and 252 nd other provisions of the matters included in the provisions of the Article shall apply. However,
a) The investigation aims caught if that can be compromised or by order of the detained or the detention period is extended, the person's state of the Republic about the prosecutor is given to only one nearby.
b) detention, may benefit from only one lawyer's legal assistance throughout. the right to meet with the suspect's lawyer in custody, at the request of the public prosecutor, twenty four with the judge's decision may be restricted by hours, but can not be taken within that time.
c) while the statement by the suspect the police, but a lawyer may be present.
d) records kept by law enforcement, only registration numbers instead of clear identification of the relevant officers will be written. | || d) counsel's examination of the file contents or taking copies of the documents could endanger the purpose of the investigation, the authority of the Republic may be restricted by the judge at the request of prosecutors.

E) investigation conducted for the crimes covered by this law counsel's defense documents, files and records can not be held to examine the subject of his conversation with the detained suspects. But the counsel of the terrorist organization, members of the event to obtain evidence or documents that the means for organizational purposes, the Republic's request and the judge of the prosecutor, may be present in an official interview given to the lawyer of the person or legal aid lawyer may be examined by the judge documents given to this person. The judge will decide whether or not to be part or whole document. They may appeal against this decision on.
F) the Code of Criminal Procedure of the sixth paragraph of Article 135 may (a) of paragraph (8), in sub paragraph, Article 139 of the seventh paragraph (a) of paragraph (2) of article and on Article 140 of the first paragraph (a) of paragraph ( 5) of clause shall not be applied.
G) 13/12/2004 and 5275 Criminal and Security paragraph the provisions of the Enforcement About 92 article Law of Measures applied in respect of the offenses within the scope of this Act. "
ARTICLE 10 Law No. 3713 of Article 13 of is replaced with the title as follows.
"options sanctions to translate and to postpone the ban
Article 13 given prison sentence for the crimes covered by this law, can not be converted to alternative sanctions and suspended. However, this provision with regard to children under the age of fifteen not applicable. "
ARTICLE 11 3713 Article 15 of the Act has been amended as follows.
" ARTICLE with 15 anti-terrorism tasks in the field of intelligence and law enforcement officials appointed for this purpose other staff, made for crimes alleged to arise from the execution of this task maximum of three lawyers identified as a lawyer in charge of investigation and prosecution, and these will be paid regardless of the attorney fee schedule payments will be paid by the appropriation of the budget of their respective owners. The principles and procedures for the payment of wages
lawyer, a regulation to be issued jointly by the National Defense and Interior ministries. "
ARTICLE 12 Law No. 3713 in conjunction with Article 17, the title has been changed as follows.
"Conditional release
Article 17- Persons convicted of offenses covered by this Act, conditional release and probation terms of implementation of measures of 13/12/2004 and 5275 Criminal and Security fourth paragraph of the 107 Article of the Law on Execution of Measures 108 Article shall apply.
detainees or convicts while desertion or revolt as a disciplinary action with those that had been convicted of crimes who have received a sentence of solitary confinement three times this discipline penalties have been lifted, even though be eligible for parole in.
covered by this Act Persons convicted of a crime after the date of approval of the provisions if they commit a crime falling under the scope of this Act, benefit being conditional release.
death penalty, 14.07.2004 dated and 5218 numbered Law and Article 1 of the various 08/03/2002 dated and 4771 Law No. Amending Various Laws life transformed by terrorist criminals to imprisonment the death penalty for aggravated life converted to imprisonment or aggravated life is sentenced to imprisonment terrorist criminals conditional not benefit from the release of provisions. They are about to aggravated life continues until the death of imprisonment. "
ARTICLE 13 Law No. 3713 of Article 19 is amended as follows.
" Article 19 provided that they have not participated in the Strategies for helping to apprehend the perpetrators within the scope of this Law or who reported their location or identity of the prize money will be awarded. The amount, the principles and procedures specified in the regulations to be issued by the Ministry of Interior. "
Article 14 Article 20 of the 3713 Act has been amended as follows.

"Article 20 who work in the fight against terrorism or the task of exercising a judicial, intelligence, administrative and military officials, law enforcement officers, Prisons General Manager and Assistant General Managers, the penalty is maintained by terrorist criminals and prisons prosecutors and director of the State Security court was served on judges and prosecutors, received the Criminal Procedure Law 250 Article by by duly authorized high criminal courts serving judges and prosecutors with this task, which separated from and terrorist organizations open goal become or necessary protection measures with regard to help in the elucidation of the crimes with those in State . in accordance with article 250 of
Criminal Law Judges and prosecutors fulfilled High Council of the criminal court chairman and members will be tasked with investigating crimes falling under the courts' jurisdiction and prosecution to protect the public prosecutor and security demands of the authorities and the authorities of priorities and urgency. Tools and materials needed for protection shall be provided by the Justice and Interior ministries.
This protection measures; on request, including changing the physical appearance through plastic surgery, birth registration, driver's license, marriage certificate, changing the diplomas and other documents, preparation of military operations, rights on movable and immovable property, made arrangements on issues such as the protection of social security and other benefits. Protection of the staff were retired, which are mandatory in the absolute protection in the dwelling; the issue of their ministry they work or public institutions and the Ministry of Finance leases fair rental value to be determined considering the benefit based on the rental basis.
The implementation of these measures, the Interior Ministry and other institutions associated with the organization are obliged to comply with all necessary confidentiality.
principles and procedures related to the protection measures determined by a regulation to be issued by the Prime Minister.
Public officials from the above, are authorized to use weapons to stave off an attack occurring to themselves or their spouses and children's lives by terrorist criminals, even if they are separated from their duties. "
ARTICLE 15 Law No. 3713 last in the first paragraph of Article 21" official "removed the phrase from the text and sub-paragraphs (e) and (i) of paragraph is amended as follows.
" e) the widows and orphans of deceased invalids and the Republic of Turkey Retirement Fund if they submit their identity cards, public institutions and organizations they are in all the hospitals of medical examination and treatment. Each of these types of treatment costs; relevant institutions or organizations as case studies in any public institution or institutions, pension, old age, invalidity or survivors' social security institution they are affiliated if they receive an orphan's pension, their work is subject to any institution, 07.01.1976 dated and 2022 the age of 65 Filled Dependant, Helpless and Homeless Turkish Citizens excluding pension to retire on a pension under the Act, old age, invalidity or survivors met National Defense or the Ministry of Interior if they receive an orphan's pension. diminishing body organs of the infirm, made according to the latest technical procedures domestically or abroad are completed with their artificial and be necessary, repair or replacement will be made. "
" i) the fight against terrorism due villages to students in the discharged college-age and duration of higher education for the children of the deceased State scholarships are given. "
ARTICLE 16 3713 additional Article 2 of the Act is amended as follows.
" additional Article 2- terrorist operations will be carried out against the organization "surrender" to obey the order if it is attempted to use or weapons law enforcement officers, the danger in proportionate to neutralize, are direct and authorized to use arms unhesitatingly against the target. "
ARTICLE 17 Law No. 3713 and the second and third paragraphs of Article 1 12, was repealed 16 and Article 18 of.
Article 18 of this Law shall enter into force on the date of publication.
Article 19 of this Law shall be enforced by the Council of Ministers.