May a publication be seized? The Law establishes three separate regimes and in each of them a different authority is competent.
Regime 1: Up to Three Copies as Evidence - Art. 25/1
The public prosecutor, and the police where delay is prejudicial, may seize up to three copies of any printed work as evidence for an investigation.
| Element | Content |
|---|---|
| Purpose | As evidence for an investigation |
| Quantity | Up to three copies |
| Authority | The public prosecutor |
| Where delay is prejudicial | The police |
Regime 2: Seizure of the Whole - Art. 25/2
Provided an investigation or prosecution has been begun, the whole of printed works may be seized by a judge's decision in relation to the offences listed in the article.
The sources listed in the article:
- Law No. 5816 on Offences Committed Against Atatürk
- The reform laws contained in Art. 174 of the Constitution
- Arts. 146/2, 153/1 and 4, 155, 311/1 and 2, 312/2 and 4 and 312/a of Turkish Penal Code No. 765
- The second and fifth paragraphs of Art. 7 of Anti-Terror Law No. 3713
Regime 3: Publications Printed Abroad - Art. 25/3
Where there is strong evidence that periodicals or non-periodicals and newspapers printed outside Turkey, in whatever language, contain the offences stated in the second paragraph, their distribution or offering for sale in Turkey may be prohibited by decision of the magistrates' criminal judge on the request of the Chief Public Prosecutor's Office.
| Stage | Authority | Period |
|---|---|---|
| The rule | The request of the Chief Public Prosecutor's Office + the decision of the magistrates' criminal judge | - |
| Where delay is prejudicial | The decision of the Chief Public Prosecutor's Office is sufficient | - |
| Submission for the judge's approval | The Chief Public Prosecutor's Office | Within twenty-four hours at the latest |
| If not approved | - | If it is not approved within forty-eight hours the decision becomes void |
The Liability of a Person Distributing a Prohibited Publication - Art. 25/4
The Constitutional Framework
| Provision of the Constitution | Content |
|---|---|
| Art. 28/5 | Preventing distribution - a judge's decision; where delay is prejudicial the order of the competent authority; 24-hour notification / 48-hour approval |
| Art. 28/7 | Seizure - a judge's decision where an investigation/prosecution has begun; the order of the competent authority where delay is prejudicial on five grounds; 24/48 hours |
| Art. 28/7, last | The general provisions apply to confiscation and forfeiture |
| Art. 30 | A printing house and press equipment may not be confiscated and forfeited on the ground that they are instruments of an offence |
Provisional Article 3: The 2012 Clearance
(Added: 2/7/2012-6352/78) - Decisions on the confiscation, prohibition and prevention of the distribution and sale of printed publications given by courts, competent civil administrative authorities and other bodies up to 31/12/2011 become void of their own accord if a decision in the nature of a continuation of the prohibition is not obtained from the competent court within six months of the date of publication of the Law.
We cover the detail in the provisional articles guide.
Summary
Art. 25 of Law No. 5187 establishes three regimes. Up to three copies may be seized as evidence by the public prosecutor, and by the police where delay is prejudicial. Seizure of the whole is possible only where an investigation or prosecution has been begun, only in relation to the offences listed, and by a judge's decision. The distribution and sale in Turkey of publications printed abroad may be prohibited by decision of the magistrates' criminal judge; the prosecutor's decision is submitted to the judge within 24 hours and becomes void if it is not approved within 48 hours.