Tag Archives: crime

Criminal complained against Mr. Eleftherios Sinadinos

Attorney Gokhan Cindemir filed criminal complained against Mr. Eleftherios Sinadinos by submitting application to Public Prosecutor of Istanbul for the words he mentioned in a debate on the EU-Turkey summit on 9th March 2016 (prosecution registration numbered 2016/37324, dated 11,03,2016). ,Synadinos, a member of Greece’s Golden Dawn party, told the Strasbourg-based European parliament that “as it has been expressed in scientific literature, the Turks are dirty and barbaric.” “Turks are like wild dogs when they play, but when they have to fight against their enemies, they run away,” he added. “The only effective way to deal with the Turks is with decisive and resolute attitudes.” ( https://www.youtube.com/watch?v=DsIgRj8N5nM )

Under Turkish Penal Code, Article 122 explicitly penalizes the conducts based on racial, lingual discrimination with motivation of hatred and in addition Article 301 of Penal code penalizes the act of a person who publicly denigrates Turkish Nation. Unlike article 122, Article 301 Paragraph (4) is subjected approval of Turkish Justice Ministry to be proceeded. Accordingly, we are in the stage of waiting for approval decision of Turkish Justice Ministry to initiate prosecution for the crime which was committed explicitly in Strasbourg, France. Turkish Authorities may also request from European Parliament to give a statement regarding racist speech of Mr. Synadinos. It is believed that painful memories and unforgettable experiences of Europe stemming from WW2 will lead the Parliament for cooperation with Turkish Authorities in order to prevent further breaches of article 165 of the rules of procedure representing a breach of the values of the EU.

Under Turkish Penal Code, alleged crime is also committed in territory of Turkey by means of press and broadcast. In our complaint, alleged crimes attributed to Mr. Synadinos mentioned as the following:

Article 122

-(1) Any person who makes discrimination between individuals because of their racial, lingual, religious, sexual, political, philosophical belief or opinion, or for being supporters of different sects and therefore;
a) Prevents sale, transfer of movable or immovable property, or performance of a service, or
benefiting from a service, or bounds employment or unemployment ofa person to above listed reasons,
b) Refuses to deliver nutriments or to render a public service,
c) Prevents a person to perform an ordinary economic activity, is sentenced to imprisonment from six months to one year or imposed punitive fine.

Article 301
Denigrating the Turkish Nation, the State of the Turkish Republic, the Institutions and Organs of the State
1. A person who publicly denigrates Turkish Nation, the State of the Republic of Turkey, the Grand National Assembly of Turkey, the Government of the Republic of Turkey or the judicial bodies of the State, shall be sentenced a penalty of imprisonment for a term of six months and two years.
2. A person who publicly denigrates the military or security structures shall be punishable according to the first paragraph.
3. Expressions of thought intended to criticize shall not constitute a crime.
4. The prosecution under this article shall be subject to the approval of the Minister of Justice.

Office Lens 20160311-153039 Office Lens 20160311-153101

Statute of Limitations Related to Personal Injury Cases in Turkey

contact : cindemir@cindemir.av.tr

Phone : 00905325680647

The claims of compensation because of a unlawful act cease after a certain period of time. Normally the term is 2 years running from the date on which the damaged person recieved knowledge of damage and of the person who had caused the damage. This may not be longer than ten years from the date when the act causing the damage occured. (New Code of Obligation of Turkey entered into force in 2011,  article 72)

There is one important issue to consider in Turkish Law related to statute of limitations of tortious acts ( in other words acts stemming from Personal Injury). In case that wrongful act causing the damage also became an issue of a criminal offence , Statute of Limitations applying to Criminal Offence would be taken into account by civil court dealing with personal injury case.

For example, in case that a person died by a brick which is fell out from the building, this negligence will be an issue of both civil and criminal case.  In these situations, we need to consider time period stated in criminal act and in contract law of Turkey. If criminal act’s time period is longer then we need to take into account to criminal act provision related to this issue. To make it more concrete, according to Turkish Criminal Law, statute of limitation applies to killing of a person by negligence is 15 years, thus case can be filed within 15 years due to characteristic of offence.

Turkish Criminal Act, Article 66 states statute of limitations as below:

(1) Unless otherwise is provided in the law, public action is dismissed upon lapse of ;

  1. a) Thirty years in offenses requiring punishment of heavy life imprisonment,
  2. b) Twenty-five years in offenses requiring punishment of life imprisonment,
  3. c) Twenty years in offenses requiring punishment of imprisonment not less than twenty years,
  4. d) Fifteen years in offenses requiring punishment of imprisonment more than five years and less than twenty years,
  5. e) Eight years in offenses requiring punishment of imprisonment or punitive fine not more than five years

(2) Public action is dismissed upon lapse of half of the a/m periods if the convict completed the age of ten but not yet attained the age of fifteen at the commission date of the offense; as for the convicts who completed the age of fifteen but not attained the age of eighteen, public action is dismissed upon lapse of one third of the a/m periods.

(3) In determination of statute of limitation, the qualified form of offense which requires imposition of heavy punishment is considered on the basis of the evidences presented to the file.

(4) The maximum limit of the punishment assessed in the law for the offense is taken into account during determination of the periods mentioned in afore subsection. In offenses, where imposition of alternative punishment is in question, the punishment of imprisonment is taken as basis with regard to statute of limitation

(7) Statute of limitation may not be applicable in case of commission of offenses in abroad, which require heavy imprisonment, or imprisonment or imprisonment more than ten years.

Accordingly, in case that personal injury stemming from criminal offence we also need to take into account the provision which is mentioned above. Civil court will also consider prescription periods concerned above.

Gökhan Cindemir , Attorney At Law

After he completed his high school degree in Turkey, he went to Belgium with AFSintercultural exchange program and completed his high school degree in Belgium. Upon his return to Turkey, he obtained his law licence degree from Marmara University of Law Faculty of Istanbul, Turkey. During his university education, he had participated in Philip C.Jessup International Law Moot Court Competition on behalf of Marmara University, Istanbul. He became member of Istanbul Bar Association, then after he had been granted to a master’s degree, LL.M by Gent University of Belgium in the field of European and Comparative law. He completed his one year millitary duty at Legal Affairs Department of Central Command Headquartes in Ankara with Lieutenant Rank. He is specialized in all matters concerning International Private Law, European Law, Family Law, Employement Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicator, barrister.