Decisions such as prison sentences and fines are frequently seen in newspaper pages. In these news, we see that sometimes a recognized banker is sentenced to 10 years or more imprisonment, and sometimes we find some precautionary decisions such as prohibition from going to football competitions and not being able to get into drinking alcohol. These decisions have been found more in our laws that came into force on 1 June 2005.
1) The provisions of the TCK numbered 5237:
Following the entry into force of the new Turkish Penal Code, convicts are subjected to probation measures and efforts are made to reintegrate them into society. According to Dönmezer – Erman, the Probation Authority is a measure that specifies the conditional withdrawal of the prosecution of a public trial or the execution of a criminal case against specially selected criminals and the implementation of a control, direction and administration system targeting the person who is released. It was stated that the aim of this measure was to reduce the guilt and improve the offender, and as such, it was an alternative to the prison sentences (2).
Probation was first introduced in England in 1842 for people who committed a minor offense and the first regulation was made in 1869 in the USA. In 1869, in the US state of Massachussets, probation was applied to adults under the age of 17, and in 1878 it was applied to adults, and a law passed in 1880 enabled the institution to apply to the whole country.
a) Article 50 of the TPC numbered 5237:
In the event that the conditions stated in the first paragraph of Article 50 of the Turkish Penal Code 5237 are fulfilled, short term imprisonment may be converted to short term imprisonment in paragraphs a, b, c, d, e, f of the same paragraph.
It is possible to state these conditions in terms of the personality of the offender, his social and economic situation, his regret during the trial process and the characteristics of the offense. The court will first impose a prison sentence on the accused and turn the imprisonment into one of the alternative sanctions. One of the issues to be considered here is whether the defendant regrets during the trial process, the option described in detail below can be turned into sanctions.
aa) Obligation to continue the training program:
Once the court has sentenced the prison sentence, it may decide that the defendant will continue for 2 years in an educational institution, where he has the right to shelter, in order to obtain a profession or an art, without delaying the decision.
The minor, who is a school age and dragged into crime, is expected to continue his education in order to obtain a profession and art rather than send him to prison if he commits a crime.
The decision of the accused in this direction will be sent to the Branch Office of the Probation Center (3) and executed according to Article 32 of the Regulation on Probation and Assistance Centers and Protection Boards4.
bb) Prohibition from going to certain places and from performing certain activities:
Article 50/1-d of the YTCK may be prohibited from going to certain places or from performing certain activities for half to one times the sentence sentenced.
According to Article 33 of the Regulation Certain places and activities; the offender’s offense, offense, or gaining bad habits or using addictive substances; environmental, psychological, social or economic impact, or activities that lead to re-offending.
The decision not to enter certain places should not violate the freedom of travel. It is a violation of the freedom of travel, such as the inability to move out of Istanbul without entering Istanbul (4).
It should be clearly stated that precautionary decisions should be made, which can be implemented and controlled, which can be proportional to the crime committed and which can be implemented and achieved. Although there is no tavern in the village, the measure of not entering drinking places for 5 months is not feasible since it cultivates castor hemp. The principle of proportionality must be taken into account here. There should be a proportionality between the measure to be applied and the act committed by the perpetrator and the act that is likely to commit later. The principles of utility, necessity, proportionality and predictability are also included in the scope of this principle (7). Cooperative measures to the General Assembly instead of collecting timely access to places serving alcohol due to perform certain activities in Turkey Cooperative Union decision or give more measures will be useful for reading books. In the case seen in opposition to the Law on Cooperatives, the book reading measure was approved by the Court of Cassation (8).
In the case of insulting and threatening crime not to go to coffee in the case (9), traffic safety because of the danger to go to Kayserispor matches forbidden (10), theft