Prostitution crime and Punishment
The crime of prostitution in Turkey is 227 of the Turkish Penal Code No. 5237. in the article, are arranged. According to the provision, it is not a crime to commit prostitution in person, but to encourage, mediate, provide a place for someone to commit prostitution, etc. performing actions is punishable. In the making of the relevant legal regulation, persons, especially children drawn into prostitution, the issue of under what circumstances the acts committed will constitute a crime was determined, and in doing so, the obligations of our country arising from the international conventions on the fight against prostitution were taken into account. When the justification of the article is examined, it is seen that these considerations are clearly stated.
Punishment For The Crime Of Prostitution
227 of TCK No. 5237. according to the article, the crimes punishable by being considered as a crime of prostitution are as follows:
Child prostitution offence (TCK 227/1),
Offence of incitement to prostitution (TCK 227/2),
Crime of facilitating prostitution (TCK 227/3),
Crime of mediating prostitution (TCK 227/3),
Crime of providing a place for prostitution (TCK 227/2),
A qualified crime in the form of soliciting or forcing someone to commit prostitution by using algebra or threat, cheating, or taking advantage of their desperation (TCK 227/4)
Article 227 Of The Turkish Penal Code;
(1) a person who encourages, facilitates, supplies or harbors a child for this purpose, or mediates the child’s prostitution, shall be punished by imprisonment from four to ten years and a judicial fine of up to five thousand days. Acts of preparation for the commission of this crime are also punished as a completed crime.
(2) a person who encourages, facilitates or mediates or provides a place for prostitution shall be punished by imprisonment from two to four years and a judicial fine of up to three thousand days. Ensuring a partial or complete livelihood by benefiting from the earnings of a person who is dragged into prostitution is considered an incentive to prostitution.
(3) (Mülga: 6/12/2006 -5560/45 md.; Reorganization: 24/11/2016-6763/18 md.) A person who gives, distributes or distributes products containing images, articles and words prepared for the purpose of facilitating or mediating prostitution shall be punished by imprisonment from one to three years and a judicial fine from two hundred days to two thousand days.
(4) the penalty for a person who incites or enables a person to commit prostitution by using algebra or threat, cheating or taking advantage of his desperation shall be increased from half to twice as much as the above paragraphs.
(5) crimes defined in the preceding paragraphs, the spouse, ancestors, Beech ancestors, siblings, foster, Guardian, educational, tutorial, caregiver, or other persons the obligation of protection and supervision by the abuse of power committed by public office or service, if the sentence is increased by half.
(6) if these crimes are committed within the framework of organizational activities established for the purpose of committing crimes, the penalty to be given in accordance with the above paragraphs shall be increased by half.
(7) because of these crimes, legal entities are subject to security measures specific to them.
(8) a person who is dragged into prostitution may be subjected to treatment or psychological therapy.
Element Of The Crime Of Prostitution
The subject of the crime of prostitution is the body of the victim. If we define prostitution in the form that a person gives permission to another person who does not have an emotional connection to use his body indiscriminately, in exchange for material or spiritual benefit, it will be revealed that the subject of this crime is the human body.
In this case, since conversations about sexuality made on the phone via telephone lines or carried out over the internet will not be considered prostitution, things other than a person’s body, for example, the voice or image of someone, will not be the subject of this crime.
Perpetrator Of Prostitution
Anyone can be the perpetrator of the crime of prostitution. In TC 5237, no specific qualification was sought for anyone who may be the perpetrator of this crime. For this reason, the crime is not a specific crime from the point of view of the perpetrator. But Article 5. bazikisi hotels mentioned in paragraph (spouse, ancestors, Beech ancestors, siblings, foster, Guardian, educational, tutorial, caregiver, or other persons in public office or service the obligation of protection and supervision of offenders by the influence of the misuse of power by the punishment of crime due to increase as shown. The issue of whether the person engaged in prostitution can be the perpetrator, that is, whether prostitution itself constitutes a crime, has been discussed. Although there are supporters who advocate that prostitution should be considered a crime, this Act does not constitute a crime when it comes to the right of people to use their bodies as they wish, provided that they do not harm others, and it is not considered a crime in our law.Since a person engaged in prostitution is a victim of work, when he is caught engaged in prostitution, he is sent to the hospital and registered by the ethics office, applying the provisions of the relevant charter. The act of a person who satisfies his sexual feelings with him by giving money to this person is 227. since it is not defined in the article, it will not be in the position of the perpetrator.The separation of the concepts of perpetrator and victim is an important consideration and can cause problems from the point of view of practice, because it is not always easy to determine that the person engaged in prostitution carried out or was forced to do this act with his own consent.