The Turkish Penal Code

2004

Article 306 Of The Turkish Penal Code

Article 306 - Acting against fundamental national interests for directly or indirectly receiving benefits from foreign persons or institutions: up to 10 years. (According to the statement of reasons for this article, written by the Parliamentary Commitee of Justice, a citizen who demands the withdrawal of Turkish soldiers from Cyprus or declares that the Armenian Genocide actually took place during the First World War, can be pursued by virtue of this article).

Controversial Articles In The Turkish Penal Code

"Antidemocratic Articles Of The New Penal Code"

Article 215 - Praising a committed crime or a person who committed this crime: up to 2 years (if committed by the means of media, to be increased one-half).

Article 216 (new form of Article 312) - Instigating a part of the people having different social class, race, religion, sect or region to hatred or hostility against another part of the people in a way dangerous for the public security: up to 3 years (if committed by the means of media, to be increased one-half).

Article 220/8 (new form of Article 169) - Propaganda of an organization founded for committing crime: up to 3 years (if committed by the means of media, to be increased one-half).

Article 285 - Spreading confidential information on a legal investigation: up to up to 3 years (if committed by the means of media, to be increased one-half).

Article 300 (new form of Article 158) - Insulting the President of the Republic: up to 4 years (if committed by the means of media, to be increased one-third).

Article 301 (new form of Article 145) - Insult to the Turkish flag or to anything having the Turkish State's symbol (crescent and star): up to 3 years (if committed by a Turkish citizen abroad: to be increased one-third); Insult to the Turkish national anthem: up to 2 years (if committed by a Turkish citizen abroad: to be increased one-third).

Article 302 (new form of Article 159) - Insulting the Turkish national identity, the Republic or the Grand National Assembly of Turkey: up to 3 years (if committed by a Turkish citizen abroad: to be increased one-third); Insulting the Turkish Government, the judicial organs, military or security institutions: up to 2 years (if committed by a Turkish citizen abroad: to be increased one-third).

Article 306 - Acting against fundamental national interests for directly or indirectly receiving benefits from foreign persons or institutions: up to 10 years. (According to the statement of reasons for this article, written by the Parliamentary Commitee of Justice, a citizen who demands the withdrawal of Turkish soldiers from Cyprus or declares that the Armenian genocide actually took place during the First World War, can be pursued by virtue of this article).

Article 319 - Instigating the people against military service: up to 2 years (if committed by the means of media, to be increased one-half).

Article 324 - Spreading unfounded news or information during a war: up to 10 years (if committed as a propaganda campaign against the military and in accordance with a foreigner, up to 20 years).

Article 330 - Unveiling the information that should remain confidential for the sake of the State's security or its internal and external political interests: up to 10 years (if committed during the war or the preparation of the war: up to 15 years).

Article 331 - Unveiling, with the purpose of political or military spying, the information that should remain confidential for the sake of the State's security or its internal and external political
interests: Life prison.

Article 337 - Unveiling the information that is forbidden by the competent authorities and should remain confidential because of its nature: up to 5 years (if committed during the war or the preparation of the war: up to 15 years).

Article 338 - Unveiling, with the purpose of political or military spying, the information that is forbidden by the competent authorities and should remain confidential because of its nature: up to 15 years (if committed during the war or the preparation of the war: life prison).

Info-Turk, September 27, 2004