Article 301 (Turkish Penal Code)
Article 301 is an article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish nation, Turkish government institutions, or Turkish national heroes such as Mustafa Kemal Atatürk. It took effect on June 1, 2005, and was introduced as part of a package of penal law reform in the process preceding the opening of negotiations for Turkish membership of the European Union (EU), in order to bring Turkey up to EU standards. The original version of the article made it a crime to "insult Turkishness"; on April 30, 2008, the article was amended to change "Turkishness" into "the Turkish nation". Since this article became law, charges have been brought in more than 60 cases, some of which are high-profile.
Criminal law |
---|
Elements |
|
Scope of criminal liability |
|
Severity of offense |
|
Inchoate offenses |
|
Offense against the person |
|
Sexual offenses |
|
Crimes against property |
|
Crimes against justice |
|
Crimes against the public |
|
Crimes against animals |
|
Crimes against the state |
|
Defenses to liability |
|
Other common-law areas |
Portals |
On April 30, 2008 a series of changes were made on the Article 301, including a new amendment which makes it obligatory to get the approval of the minister of justice to file a case. This change was made to prevent the possible misuse of the article, especially against high-profile cases, filling up legal holes in the older version.
The Great Jurists Union (Turkish: Büyük Hukukçular Birliği) headed by Kemal Kerinçsiz, a Turkish lawyer, is "behind nearly all of Article 301 trials". Kerinçsiz himself is responsible for forty of the trials, including the high-profile ones.