Overcriminalisation and Legal Diversion in Türkiye

• In Event: Euroc - State Crime

Abstract

A penal reform was implemented in Türkiye in 2004. In this reform, the basic penal code, procedural, and execution codes were thoroughly revised. The legislation that had been in force since 1926 was comprehensively revised, considering new developments in the global context, contemporary understandings of penal law, and prevailing social values. At the time of the penal code's initial implementation, certain criminal categories were not widely prevalent. Indeed, the sheer number of articles designed to protect individual freedom led to questions regarding their practical application. Turkey has witnessed an escalation in authoritarian tendencies in recent years. The instrumentalization of penal law is one of this shift. The government is intimidating and suppressing opposition through the implementation of punitive measures and precautions.
Two methods are employed in the instrumentalization of penal law. The first of these is overcriminalization. A wide range of acts are encompassed within the purview of the penal code, including those that are not generally considered criminal in contemporary society. In recent years, religion and belief have come under the protection of criminal law, with the emergence of legislation that criminalizes blasphemy. The second method is legal diversion. In instances where the accused is a dissident, the prevailing criminal law norms are interpreted expansively, effectively nullifying the principle of legality's prohibition of comparison.
This study aims to elucidate how criminal law has evolved into a tool of oppression and authoritarianism in Türkiye, through overcriminalization and legal diversion. It is imperative to emphasize the significance of the uncompromising application of the law, particularly the principles of criminal law, in the pursuit of safeguarding human rights.

Author

• Veysel Dinler, Hitit University Department of Political Science and Public Administration