The Presumption of Innocence and the Press -1-

Constitutional rules governing the presumption of innocence:

-In the second section of the second part of the Constitution, which regulates fundamental rights and duties, under the heading "rights and duties of the individual," as a principle regarding crimes and punishments, in the fourth paragraph of Article 38;

-"No one shall be considered guilty until proven guilty by a court verdict." In a manner parallel to this provision, in the last part of the second paragraph of Article 15, titled "Suspension of the exercise of fundamental rights and freedoms,"

-"...no one shall be considered guilty until their guilt is determined by a court decision." it is protected in this form. As understood, the presumption of innocence is an inviolable constitutional right (Constitution Art. 38/IV, 15/IV) that guarantees the impartiality of courts to the defendant and prevents them from being treated as guilty before their fault is proven.

No one shall be punished for an act that did not constitute a crime under the law in force at the time it was committed; no one shall be given a heavier penalty than the one prescribed by law for that crime at the time it was committed.

The above paragraph also applies to the statute of limitations for crimes and punishments and the consequences of criminal convictions. Penalties and security measures replacing penalties shall be established only by law.

No one shall be considered guilty until proven guilty by a court verdict.

No one shall be compelled to make a statement or present evidence that would incriminate themselves or their relatives as specified by law.

(Added: 3/10/2001-4709/15 art.) Findings obtained in violation of the law cannot be accepted as evidence. Criminal responsibility is personal.

(Added: 3/10/2001-4709/15 art.) No one shall be deprived of their liberty solely on the ground of inability to fulfill a contractual obligation.

(Added: 3/10/2001-4709/15 art; Repealed: 7/5/2004-5170/5 art.)

(Amended tenth paragraph: 7/5/2004-5170/5 art.) The death penalty and general confiscation cannot be imposed.

The administration cannot impose a sanction that results in the restriction of personal liberty. Exceptions to this provision may be introduced by law regarding the internal order of the Armed Forces.

(Amended last paragraph: 7/5/2004-5170/5 art.) Except for obligations required by being a party to the International Criminal Court, a citizen cannot be extradited to a foreign country for a crime.

C. PRINCIPLES REGARDING CRIMES AND PUNISHMENTS (CONST. ARTICLE 38)

No one shall be punished for an act that did not constitute a crime under the law in force at the time it was committed; no one shall be given a heavier penalty than the one prescribed by law for that crime at the time it was committed.
The above paragraph also applies to the statute of limitations for crimes and punishments and the consequences of criminal convictions.
Penalties and security measures replacing penalties shall be established only by law.

No one shall be considered guilty until proven guilty by a court verdict.

No one shall be compelled to make a statement or present evidence that would incriminate themselves or their relatives as specified by law.

(Added: 3.10.2001-4709/15 art.) Findings obtained in violation of the law cannot be accepted as evidence.
Criminal responsibility is personal. (Added: 3.10.2001-4709/15 art.) No one shall be deprived of their liberty solely on the ground of inability to fulfill a contractual obligation.

(Repealed: 7.5.2004-5170/5 art.)

(Amended: 7.5.2004-5170/5 art.) The death penalty and general confiscation cannot be imposed.
The administration cannot impose a sanction that results in the restriction of personal liberty. Exceptions to this provision may be introduced by law regarding the internal order of the Armed Forces.

(Amended: 7.5.2004-5170/5 art.) Except for obligations required by being a party to the International Criminal Court, a citizen cannot be extradited to a foreign country for a crime.

SUSPENSION OF THE EXERCISE OF FUNDAMENTAL RIGHTS AND FREEDOMS

In times of war, mobilization, martial law, or states of emergency, the exercise of fundamental rights and freedoms may be partially or completely suspended, or measures contrary to the safeguards provided in the Constitution may be taken, provided that obligations arising from international law are not violated and to the extent required by the situation.

Even in the situations determined in the first paragraph, except for deaths resulting from acts in accordance with the law of war (...), the individual's right to life, and the integrity of their material and spiritual existence shall not be violated; no one shall be compelled to disclose their religion, conscience, thoughts, or opinions, and shall not be accused for them; crimes and punishments cannot be applied retroactively; no one shall be considered guilty until their guilt is determined by a court decision.

The fundamental aims and duties of the State are to protect the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy, to ensure the welfare, peace, and happiness of individuals and society; to strive to remove political, economic, and social obstacles that restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of a social state governed by the rule of law and justice, and to prepare the necessary conditions for the development of the individual's material and spiritual existence.

(Constitution - Article 15)

Presumption of innocence in Article 38 of the Constitution: It is undoubtedly one of the legal principles accepted all over the world.

The presumption of innocence means that a person prosecuted for a crime is not considered guilty unless their guilt is proven by a court decision. It is observed that the terms "presumption of innocence" (suçsuzluk karinesi), "presumption of innocence" (masumluk karinesi), and "presumption of innocence" (masumiyet karinesi) are used in the doctrine to express this presumption. In the doctrine, this principle is also accepted as a right beyond a presumption. In this sense, the expressions "right to be considered innocent until the end of the trial" and "right to be considered innocent" are also used.

-In the second section of the second part of the Constitution, which regulates fundamental rights and duties, under the heading "rights and duties of the individual," as a principle regarding crimes and punishments, in the fourth paragraph of Article 38;

-"No one shall be considered guilty until proven guilty by a court verdict." In a manner parallel to this provision, in the last part of the second paragraph of Article 15, titled "Suspension of the exercise of fundamental rights and freedoms,"

-"...no one shall be considered guilty until their guilt is determined by a court decision." it is protected in this form. As understood, the presumption of innocence is an inviolable constitutional right (Constitution Art. 38/IV, 15/IV) that guarantees the impartiality of courts to the defendant and prevents them from being treated as guilty before their fault is proven.