Types of imprisonment

The penalties imposed for offences under the Turkish Penal Code are imprisonment and judicial fines (TCK 45). There are three types of imprisonment (TCK 46).

Aggravated life imprisonment

It lasts for the rest of the convicted person’s life and is served under the strict security regime set out in law and regulations (TCK 47). Aggravated intentional killing and sexual assault resulting in the victim’s death are among the offences punishable by this penalty. As a rule, conditional release requires 30 years to be served in prison.

Life imprisonment

It lasts for the rest of the convicted person’s life (TCK 48). The basic form of intentional killing is punishable by this penalty. As a rule, conditional release requires 24 years to be served in prison.

Fixed-term imprisonment

Unless otherwise provided by law, it may not be less than 1 month or more than 20 years (TCK 49/1). For some offences, such as drug manufacture, the law provides longer terms.

Short-term imprisonment. Imprisonment of 1 year or less (TCK 49/2). Depending on the offender’s personality and the characteristics of the offence, the judge may convert it into one of the following alternative sanctions (TCK 50):

• a judicial fine,
• compensation for the damage by restitution, restoration or payment,
• attending an educational institution for at least two years,
• a ban on going to certain places or taking part in certain activities,
• withdrawal of licences and permits, or a ban from practising a profession,
• work of public benefit, on a voluntary basis.

If imprisonment and a judicial fine are provided as alternatives in the definition of the offence and the judge has chosen imprisonment, that penalty can no longer be converted into a judicial fine.

Deprivation of rights

A person sentenced to imprisonment for an intentional offence is deprived, until the sentence has been fully served, of rights such as holding public office, exercising custody and guardianship, managing foundations, associations, trade unions, companies and political parties, and freely practising a profession that requires a licence (TCK 53). This provision does not apply to people whose short-term sentence is suspended or who committed the offence before the age of 18.