One of the historical texts of press legislation: a statute enacted in 1999 suspending proceedings and penalties for press offences committed up to a particular date.
The Identity of the Law
| Detail | Value |
|---|---|
| Name | Law on the Suspension of Proceedings and Penalties Relating to Offences Committed Through the Press and Broadcasting |
| Law number | 4454 |
| Date of adoption | 28/8/1999 |
| Official Gazette | 3/9/1999 - No. 23805 |
Scope: Date, Means and Penalty Limit
Art. 1 uses three criteria:
| Criterion | Content |
|---|---|
| Date | Having been committed up to 23 April 1999 |
| Means | Having been committed through the press or through oral or visual broadcasting means, or through speeches made at any kind of gathering such as a rally, congress, conference, seminar, symposium, open session or panel |
| Penalty limit | The upper limit of the custodial penalty provided for in the relevant article not exceeding twelve years |
Three Separate Situations
Art. 1 provides three outcomes depending on the stage the offence has reached:
- Those convicted - the execution of the penalties of persons sentenced to twelve years or less of custodial penalty is suspended.
- Those currently serving - the provision of the first paragraph also applies to those currently serving their sentences.
- Those where no judgment has yet been given - where no proceedings have been commenced, where a preliminary investigation has been begun but no case brought, where the final investigation stage has been reached but no judgment yet given, or where the judgment given has not become final, the bringing of proceedings or their conclusion by final judgment is suspended.
The Article Itself Was Also Amended
The Statute Repealed
Art. 3: Law No. 4304 of 14/8/1997, "the Law on the Suspension of Proceedings and Penalties Relating to Offences Committed in the Capacity of Responsible Editor up to 12/7/1997", is repealed.
Entry into Force and Execution
- Article 4 - This Law enters into force on the date of its publication.
- Article 5 - The provisions of this Law are executed by the Council of Ministers.
The Consequences of Suspension
We cover the conditional structure of the suspension and the three-year probation period in the consequences guide.
Its Meaning Today
Summary
- Law No. 4454 governs the suspension of proceedings and penalties for offences committed up to 23 April 1999 - including offences committed in the capacity of responsible editor - through the press, oral or visual broadcasting means or speeches at gatherings, where the upper limit of the penalty does not exceed twelve years.
- It repealed Law No. 4304 of 1997.