A Judicial Fine is one of the sanctions against imprisonment regulated in our criminal code. 52 Of the Turkish Criminal Code No. 5237 entitled “Judicial Fine”. Article 1. According to the paragraph;
“A judicial penalty, where there are less than five days and days-in-law provisions to the contrary, we determined not to be more than the number of full days yediyuzot for a day by the sum of the appraised amount paid into the state Treasury calculated by multiplying convicted of consist of.”
The most important principle that is sought to be protected both in international law and in domestic law is freedom. Throughout history, the concept of freedom has been interpreted in different ways and tried to be protected. With the French revolution, the understanding of the state for the individual prevailed throughout the world and the concept of democracy was strengthened. Dec this effect, the Grand National Assembly of Turkey, the legislator of the Republic of Turkey, has diversified the sanctions when regulating our criminal codes and placed the Judicial Fine among these sanctions. Because in some crimes, it provides for only a Judicial Fine instead of a prison sentence, while in some crimes it provides for a Judicial Fine along with a prison sentence. In this context, the Judicial Fine appears in our Law in four different ways. These;
Crimes for Which Only a Judicial Fine May Be Imposed:
In these crimes, the legislator has regulated the sanction, that is, the punishment, which is the equivalent of the act, only as a Judicial Fine. For this reason, the court or judge who will issue a verdict for these crimes will not be able to impose a prison sentence. For example, TCK. m.182 Such is the crime of ”Polluting the Environment with Taxonomy”.
Crimes for Which a Judicial Fine Will be Imposed Together with a Prison Sentence:
In these crimes, the legislator has regulated the sanction, which is the equivalent of the act, as both a prison sentence and a Judicial Fine. So much so that as a result of the trial, imprisonment and a judicial fine will be imposed together on the accused who committed the crime. For example, TCK. m.188/1 Such is the crime of ”Manufacturing and Trafficking in Drugs or Stimulants”.
Judicial Fine as an Option Sanction:
In these crimes, the legislator has determined the sanction equivalent to the act with “or” and has given the judge the opportunity to impose a prison sentence or a Judicial Fine. Here, the judge has the discretion to decide on the sanction. For example, TCK. m.183 Such is the crime of ”Causing Noise”.
A Judicial Fine Translated From a Prison Sentence:
In these crimes, the legislator prescribed only imprisonment as the equivalent sanction of the act. However, TCK m.50 by granting the judge discretion with a referral; prison sentences of 1 year or less for crimes committed intentionally, as well as for crimes committed by installment, no matter how long the punishment period is (for example, TCK. m.85 For the crime of ”Murder by Taxi” (8 years) gave the opportunity to impose a judicial fine.