Offence Of Indecent Acts
WHAT ARE BEHAVIOURS CONTRARY TO MORALS AND MANNERS?
In order for the crime of indecent acts to occur, it is necessary to behave against the morals and manners of the society. Behaviours such as performing sexual behaviours, showing one’s genitals, having sexual intercourse in a public place constitute a crime.
In case of having sexual intercourse in a public place, masturbating, removing the genitals, going to the toilet, walking around naked, showing the genitals, a crime will be committed. Showing the sexual organ should not be specific to a certain person. For example; a person who shows his sexual organ while walking on the street will have committed the offence.
WHAT ARE THE ELEMENTS OF THE OFFENCE OF LEWD BEHAVIOUR?
First of all, in order for the offence to occur, the act of the perpetrator must not be directed at a person. For example; If the person makes sexual gestures towards someone in public, he/she will commit the offence of sexual harassment.
The perpetrator of the offence can be anyone. The offence is not a specific offence. However, the victim of the crime can be the whole society.
It is a crime committed with an optional act. If one of the acts specified in the law is performed (public intercourse or exhibitionism), the offence will be committed.
The offence of indecent acts and the offence of disturbing the peace and tranquility of the person are confused with each other. However, there are differences in the elements of both offences. Most important element in the offence of disturbing peace and tranquillity is “continuity”. The offence of disturbing peace and tranquillity will be committed when the perpetrator’s action is repeated enough to make the other party tired and disturb his peace. The offence of disturbing peace and tranquillity will not be committed if the perpetrator commits an offence with one act and does not do this act frequently.
PUNISHMENT FOR THE OFFENCE OF LEWD BEHAVIOUR
Whoever commits the offence of indecent acts will be sentenced to imprisonment from 6 months to 1 year.
Judicial fine is the conversion of imprisonment sentences of 1 year or less into money. Since the sanction of the offence of indecent acts is 1 year or less, it is possible to impose a judicial fine. However, after being converted into a judicial fine, the penalty will be converted into imprisonment even if the person does not pay the fine.
The decision to defer the announcement of the judgement is given on behalf of sentences of 2 years or less. In case of a decision to defer the announcement of the verdict (hagb), the person must not commit a crime within the supervision period. If he/she does not commit another offence during the supervision period, the sentence will expire at the end of the period without any consequences. It is possible to decide to defer the announcement of the verdict in the offence of indecent behaviour due to the limit of the punishment.
Postponement of imprisonment is given on behalf of sentences with a sanction of 2 years or less. For persons under 18 years of age or over 65 years of age, the penal sanction is 3 years. In the event that the person is granted a suspended sentence, the execution of the sentence will be conditionally waived. Suspension of sentence may be granted due to the sanction limit of the offence of indecent acts.
RECONCILIATION IN THE OFFENCE OF INDECENT BEHAVIOUR
For offences subject to reconciliation, the file will be sent to the reconciliation office by the prosecutor’s office if it is in the investigation phase, and by the court if it is in the prosecution phase. Since the offence of indecent acts is not subject to reconciliation, reconciliation procedures will not be applied.
COMPLAINT IN THE OFFENCE OF INDECENT ACTS
The Turkish Penal Code specifies the offences subject to complaint. The investigation and prosecution of offences subject to complaint are subject to complaint. Therefore, when the complaint is withdrawn, the trial phase will also end.
However, the offence of indecent acts is not one of the offences subject to complaint. Therefore, the investigation will be initiated ex officio (spontaneously) by the prosecutor’s office. The fact that the victim of the crime does not file a complaint will have no effect on the trial phase.
STATUTE OF LIMITATIONS FOR THE OFFENCE OF INDECENT BEHAVIOUR
The statute of limitations will be expired if the lawsuit is not filed from the date of the offence or if the lawsuit is not terminated within a certain period of time even if the lawsuit is filed. The statute of limitations is 8 years.
COURT IN CHARGE IN THE OFFENCE OF LEWD BEHAVIOUR
The offence of indecent acts is subject to the criminal court of first instance. The case will be heard at the criminal court of first instance where the offence was committed.
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