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Although Turkey ratified these Conventions and put into force, the implementation…
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Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi:
Mayıs 2020
ISBN:
978-625-7899-33-8
Baskı:
1.b.
On İki Levha Yayıncılık
Yayın tarihi:
Mayıs 2020
ISBN:
978-625-7899-33-8
Baskı:
1.b.
Yazarlar:
Leyla Keser Berber, Ayça Atabey
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3. Governments and Intergovernmental Organizations
Combating online sexual abuse of children is a serious challenge that calls for and…
The following table lists the possibly relevant provisions of criminal law in Turkey,…
Lanzarote and Budapest Conventions explicitly state that conduct towards child pornography…
Such a non-discriminatory approach might lead to unfairness and undermine the severity…
Lanzarote Convention: Article 20 – Offences concerning child pornography:…
1 Each Party shall take the necessary legislative or other measures to ensure that…
Computer-related fraud (Article 8)…
With the arrival of the technological revolution the opportunities for committing…
Article 9 – Offences related to child pornography…
1 Each Party shall adopt such legislative and other measures as may be necessary…
Obscenity…
ARTICLE 226-(1) Any person who involves in an unlawful act; a) by giving a child…
Several Court of Appeal decisions(22) employed a reasoning in parallel with the Conventions and stated that the presence of child abuse materials on the suspect’s computer is not sufficient to determine that the crime has been committed, and that the defendant’s intention - guilty mind “mens rea” should be established. Moreover, in the case-law of the Court of Appeal, the punishment is determined according to the amount of the child abuse material found in the suspect’s computer.(23)…
Pursuant to Article 226 (7), “The provisions of this article shall not apply to academic works. The provisions of this article shall not apply, except for the third paragraph, to artistic or literary works provided that children’s access to such content is prevented.”(24)…
Regarding the above mentioned matters, rather than having this ambiguity, leaving…
Although Turkey’s commitment to international conventions and other relevant efforts…
Many countries, especially the UK and Australia, have strengthened their legal framework…
On the requirement of physical contact sought pursuant to the established case-law…
Subparagraph 1 of Article 102 of the Turkish Criminal Code, which regulates sexual…
On the other hand, the text of Article 103 which penalizes “sexual exploitation of…
Nevertheless, the Turkish Court of Appeal looks for physical contact between the…
Another crucial point to mention is in addition to offences that fall into the category…
“Article 21 incriminates certain conducts relating to the participation of children in pornographic performances. Paragraph 1 a and b are elements relating to the organisation of pornographic
The established view of the Court of Appeal, which considers physical contact an…
“The criterion of discrimination between the basic form of crimes defined in Articles 102 and 103 of the Turkish Criminal Code and sexual harassment crime defined in Article 105 is physical contact. There shall be no physical contact with the body of the victim in order for the crime defined in Article 105 to occur. In contrast, if physical contact is made to the victim’s body for the purpose of satisfying sexual desires, one of the crimes described
In this regard, although a requirement for physical contact is not explicitly mentioned…
To begin with the textual interpretation, the phrases “any act of a sexual nature”…
Secondly, it has to be borne in mind that the reason why this Article is regulated…
Assuming an additional condition of physical contact is not compatible with this…
Another problem of applying Article 105 instead of Article 103 in cases where there…
Another disadvantage of evaluating the act as sexual harassment under Article 105…
We mentioned above that pursuant to the Court of Appeal’s established case-law, online…
Accordingly, Article 105 on sexual harassment would apply in cases when the perpetrator…
In fact, in order to trigger the application of Article 105, in the case of the perpetrator…
For the application of Article 105 instead of Article 103 when there is no “physical…
In light of the above, we believe that it is necessary to include a clear provision…
In this context, another important point concerns Article 105 (d). We further opine…
Behaviour that is illegal offline should be taken as seriously when it is committed…
Article 105 does not specifically aim for the protection of children. It is a general…
C. International conventions/treaties
4. Law Enforcement and Judicial Bodies
