Halkların Demokratik Partisi

HDP’s Tuncel’s Proposal on the Law of Misdemeanors

Source: http://www2.tbmm.gov.tr/d24/2/2-1907.pdf

TO THE PRESIDENCY OF THE GRAND NATIONAL ASSEMBLY OF TURKEY

I hereby submit my legal proposal for amendments to the Law of Misdemeanors File No: 5376 dated 30.03.2005 with reasonings.

I request that the necessary actions be taken.

Sebahat Tuncel

Istanbul Parliamentarian

GENERAL PREAMBLE

The acceptance of an act as a crime or misdemeanor is determined by penal policies. That the act contains an unjust character is the necessary requirement for it to be a crime or a misdemeanor. Classifying an act as crime or misdemeanor through the quantitative measurement of the unjust character is a requirement of modern democracies.

The classification of “Misdemeanors” and “Crimes” in the Turkish Penal Code No: 765 has lost its validity in terms of democratic regimes and the tendency to remove misdemeanors from crimes has risen. The need for the regulation of administrative sanctions arose after the Turkish Penal Code No: 5237 repealed Code No: 765 and led to the need for Law No: 5376.

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