In the decision of the Constitutional Court dated 18.01.2024, numbered 2021/28 and 2024/11, amendments were made regarding the 5326 Misdemeanor Law.

Article 43/A of the said Law titled "Liability of Legal Entities" used to be; 

(1) In cases where it does not constitute a misdemeanor requiring a heavier administrative fine, by a person who is not an organ or representative of a legal person or who is not an organ or representative, but who undertakes duties within the framework of the activity of this legal person;

a) The Turkish Penal Code No. 5237 states that if the crimes that are listed down below are committed for the benefit of a legal person, an administrative fine of ten thousand Turkish Liras to fifty million Turkish Liras shall be imposed on this legal person. However, the administrative fine may not be less than twice the benefit subject to the transaction or action.

1) The crime of fraud defined in Articles 157 and 158.

2) The crime of manufacturing and trading drugs or stimulants defined in Article 188.

3) The crime of misconduct in the tender defined in Article 235.

4) The crime of misconduct in the performance of the act defined in Article 236.

5) The crime of bribery defined in Article 252.

6) The crime of laundering the asset values arising from the crime defined in Article 282.

b) The embezzlement crime defined in Article 160 of the Banking Law dated 19/10/2005 and numbered 5411.

c) Smuggling crimes defined in the Anti-Smuggling Law No. 5607 dated 21/3/2007.

ç) The crime defined in Annex 5 of the Petroleum Market Law dated 4/12/2003 and numbered 5015.

d) The crime of terrorist financing defined in Article 4 of the Law on the Prevention of the Financing of Terrorism dated 7/2/2013 and numbered 6415.

(2) According to the provisions of this article, the court is authorized to decide on the administrative fine and to make a trial for the crimes listed in the first paragraph.

(3) In the event that the crimes listed in the first paragraph are committed for the benefit of a legal person, the investigation or prosecution of the person who committed the act is not expected to be completed in order to decide on an administrative fine against the legal person. If it is understood that the crime has not been committed for the benefit of the legal person as a result of the investigation or prosecution, the administrative fine is removed and if it has been collected, it is returned.

 

The Constitutional Court added sub-clause(2) to come after clause (1) of sub-clause (a) and canceled sub-clause (3). With the amendment made, legal persons who commit the crime of manufacturing and trading drugs or stimulants regulated in the Turkish Penal Code will also be considered within the scope of the Law. In addition, the biggest change introduced was the removal of subparagraph (3). In this case, it will no longer be necessary to complete the investigation or prosecution in order to decide on the administrative fines regulated in the Law for the legal entities committing the crimes listed. While the trial process continues, it has become possible to collect the administrative fine decided from legal persons.

 

The European Court of Human Rights (ECHR) has ruled on a complaint filed by a group of Swiss women against the inadequacy of measures against climate change by Switzerland, a member state. 

The plaintiff women argued that their age groups were more affected by climate change. As a result of the application made thereupon, The Court therefore concluded that;

-Switzerland lags far behind its commitments to reduce carbon emissions,

-The state has not fulfilled its positive obligations regarding climate change determined by international conventions,

-There are not enough measures in the country's legislation to protect the climate and no plans have been made on this issue.

These violated Article 6, titled “Access to Court”, and Article 8, titled “Respect for Private and Family Life” of the European Convention on Human Rights,.

With its decision, the ECHR once again underlined the importance of international conventions. Not only that, they emphasized that the duties imposed by the contracts should be fulfilled. 

The decision in question is the first decision of the court on climate change. For this reason, it is seen that the binding decision can be a precedent for many countries in Europe.

The relevant application was decided on 09.04.2024.

 

EU LAW ON VIOLENCE AGAINST WOMEN 

The European Parliament has adopted the law as part of the fight against violence against women for the first time across the European Union (EU). 

The law, which was discussed at the General Assembly of the European Parliament on 24.04.2024, was adopted with 522 positive votes against 27 negative votes. The votes of 72 deputies were recorded as abstentions.

The legal regulation regulated the crimes of rape, sexual assault, female genital mutilation, intersex circumcision, forced sterilization, forced marriage, sexual harassment in work life, non-consensual sharing of confidential or manipulated materials, cyber stalking and harassment, unintentional acquisition of sexual content, cyber incitement to violence or hatred. In addition, the scope of acts of consent and non-consensual actions has been expanded and the individual has been allowed to give up even in cases where they give consent.

The Law on Prevention of Violence Against Women and Domestic Violence stipulates imprisonment for 8-10 years for rape and violence-related crimes, at least 3 years for sexual assault crimes, and at least 5 years for crimes committed under aggravating circumstances.

With the new regulation, assistance to the victims regarding the shelter and shelter environment and the provision of comprehensive health services has been introduced.

The law adopted by the EU Parliament will enter into force 20 days after its publication in the Official Journal of the EU. European Union member states will implement the new law within 3 years.

The new regulation envisaged by the EU has brought a comprehensive explanation to the concept of consent and increased measures regarding cyber means and harassment. The law needed in recent years, when violence against women has increased, will make it easier to take effective and rapid measures in EU countries.

 

A Cooperation Protocol has been signed between the Turkish Republic of Northern Cyprus (TRNC) and the Personal Data Protection Board in order to cooperate and exchange information in order to ensure that countries comply with and enforce their own laws and regulatory procedures and to contribute to the more comprehensive protection of human rights and freedoms, especially in the field of privacy and personal data protection in their own countries and regions.

Upon the fact that it is seen that the provisions on the protection of personal data are limited in the general provisions of the Turkish Republic of Northern Cyprus, it is aimed to increase the protection by signing a cooperation protocol with KKVK.

 

The war between Israel and Palestine, which started in October 2023, affected the whole world. Turkey has made a great effort to stop the conflicts and prevent humanitarian loss and physical destruction. However, he worked for a permanent ceasefire and the search for a diplomatic solution. The United Nations Security Council and the International Court of Justice, to which Turkey is a party, have an obligation to allow the uninterrupted provision of all basic humanitarian assistance, including medical supplies and health services. Turkey fulfills these legally binding obligations. Accordingly, Turkey has decided to restrict the export of products within the product groups specified in the first stage to Israel as of 09.04.2924. The decision shall be executed immediately by the Ministry of Commerce of Turkey. Product groups are; 

-Aluminum Profiles, aluminum wires, paints, copper profiles, rods and wires

-Concrete mixers

-Steel vectors and fittings

-Steel wire rod, steel containers and warehouses

-Steel bridge assembly, steel towers, steel profiles

-Cement 

-Blocks and slabs for construction of cement, concrete or artificial stone

-All construction materials made of iron and steel

-Iron-steel all wires

-Excavators

-Electrical cables, electrical panels

-Tiles

-Fiber optic cables and electrical conductors

-Forklifts

-Granite

-Rope and cables, hardware products

-Hydraulic oils

-Rebar, construction machinery, construction insulation materials, glass used in construction

-Chemical compounds, chemical fertilizers, clinker

-Buckets, ladles, shovels, clamps and hooks

-Sulphur

-Mineral oils

-Roller chains

-Marble 

-Metalworking machines, chemicals used in the processing of metals, mineral fertilizers

-Engine oils

-Plastic pipes, sandwich panels

-Ceramics, solvent paints

-Wire drawing machines, sawing machines

-Bricks

-Aircraft gasoline and jet fuel

-Varnishes, cranes, adhesives and glues

-Flat steel products

This decision will remain in force until Israel, within the framework of its obligations under international law, declares an immediate ceasefire in Gaza and allows an adequate and uninterrupted flow of humanitarian aid to the Gaza Strip.