Judicial Fine is one of the alternative sanctions to imprisonment regulated in our criminal code. According to Paragraph 1 of Article 52 titled “Judicial Fine” of the Turkish Criminal Code No. 5237;
“A judicial fine consists of the payment by the convict to the State Treasury of the amount calculated by multiplying the number of full days determined to be not less than five days and not more than seven hundred and thirty days in cases where there is no contrary provision in the law by the amount of one day.”
Freedom is the most important principle to be protected both in international and domestic law. Throughout history, the concept of freedom has been interpreted and protected in different ways. With the French Revolution, the understanding of the state for the individual has prevailed throughout the world and the concept of democracy has been strengthened. With the effect of this, the Grand National Assembly of Turkey, which is the legislator of the Republic of Turkey, has diversified the sanctions while regulating our criminal laws and placed the Judicial Fine among these sanctions. For some crimes, it foresees only a judicial fine instead of imprisonment, while for some crimes it foresees a judicial fine together with imprisonment. In this context, the judicial fine appears in four different ways in our Law. These are
Crimes for which only a judicial fine may be imposed:
In these crimes, the legislator has regulated the sanction that corresponds to the act, that is, the punishment, only as a judicial fine. For this reason, the court or judge who will give the verdict for these crimes will not be able to sentence imprisonment. For example, Article 182 of the TPC “Pollution of the Environment by Negligence” is such a crime.
Crimes for which a judicial fine will be imposed together with imprisonment:
In these crimes, the legislator has regulated the sanction for the act as both imprisonment and judicial fine. As a result of the trial, the defendant who committed the crime will be sentenced to imprisonment and judicial fine together. For example, Article 188/1 “Manufacturing and Trafficking of Drugs or Stimulants” is such a crime.
Judicial Fine as an Alternative Sanction:
In these crimes, the legislator has determined the sanction corresponding to the act with “or” and has given the judge the opportunity to impose imprisonment or a judicial fine. Here, the judge has the right of discretion in deciding on the sanction. For example, Article 183 of the TPC “Causing Noise” is such a crime.
Judicial Fine Conversed from Imprisonment:
In these crimes, the legislator has envisaged only imprisonment as the sanction for the act. However, by giving a discretionary power to the judge with the reference to Article 50 of the TPC, it has given the judge the opportunity to impose a judicial fine for imprisonment sentences of 1 year or less for crimes committed intentionally and for crimes committed negligently, regardless of the duration of the sentence (for example, 8 years for the crime of “Negligent Homicide” under Article 85 of the TPC).
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