The Law lays down a period for cases arising from its own offences. It is a one-sentence provision but an arrangement rarely seen in press cases.
The Full Text of the Article
Additional Article 3 (Added: 6/3/1986-3266/9) - Cases arising from the offences written in this Law are concluded within two months at the latest.
Scope
The provision says "cases arising from the offences written in this Law". So:
| Offence / breach | Article | Within additional Art. 3? |
|---|---|---|
| Publishing unstamped | Art. 7/a | Yes |
| Sale, display, transport, advertising contrary to the limitations | Art. 7/b | Yes |
| Sale without an envelope or with an envelope contrary to the procedure | Art. 7/c | Yes |
| Reporting an examination and a forthcoming restriction | Art. 10 | Yes |
| Not sending copies | Art. 8/2 | Yes - a sanction written in the Law |
| Breach of the publication prohibition within additional Art. 2 | additional Art. 2 | The sanction is determined by reference to the penal code |
| Non-payment of the fund sum | additional Art. 1 | No - that is not an offence but a public receivable under Law No. 6183 |
The Competent Court
The last sentence of Art. 10: the penalty written in this law is imposed by the magistrates' courts.
The Nature of the Period
We cover the right of reply period in the Art. 32 guide.
Why Acceleration?
The subject of a harmful publication case is a publication on the market. The longer the trial lasts, the longer both the child protection purpose and the publisher's legal position remain uncertain. Additional Art. 3 aims to shorten that uncertainty.
A Historical Note: The 1988 Amnesty
In the "provisions not incorporated in the main law" section at the end of the text of the Law is provisional Art. 2 of Law No. 3445: nine tenths of the penalties given under the relevant articles of the penal code and under Arts. 7 and additional 2 of Law No. 1117 are pardoned; the fine to be executed may not exceed thirty million lira and fines already collected are not refunded.
The Other Provision on Legal Remedies
The Law establishes no separate authority for objecting to a Board decision; the only internal route is the application in Art. 4/7. We cover the detail in the objection guide.
Summary
Additional Art. 3 of Law No. 1117 provides that cases arising from the offences written in this Law are concluded within two months at the latest. Art. 10 of the Law says the penalty is imposed by the magistrates' courts; but that provision dates from 1927 and, because of changes in the judicial organisation, the legislation in force must be relied on for the competent court.