Article 566 deals with misdemeanours which expose the public to the risk of
danger. According to this article, even if an act results from carelessness or lack of
experience, it incurs a penalty if it places any person at risk of damage or could
cause significant loss to property.
The final provision, Article 577, regulates the penalty for animal abuse. As with
the previous provisions, it provides indirect regulation for the protection of the
environment.
In this period, it is also possible to find some criminal provisions indirectly
related to the protection of the environment in some other regulations, e.g. the
Environment Act (No. 2372, Art. 26, predating the 2006 amendment); the Forest
Act (No. 6831 from Art. 91 onwards); the Water Products Act (No. 1380, Art. 36);
the Land Hunting Act (No. 3167, Art. 21); the Harbour Act (No. 618, Art. 15); the
General Sanitation Act (No. 1593, Art. 282); the Protection of Cultural and Natural
Property Act (No. 2863; Art. 65) (Güneş, 2015: 273).
In line with the EU accession and harmonization process, EU Decision 2003/80
led to two important developments regarding the protection of the environment
under Turkish criminal law:
1. The adoption of a specific category for environmental crimes through the 2005
amendment. The date of the Code’s entering into force is taken as the baseline
(Art. 344, Criminal Code) of the Criminal Code (No. 5237), under the third
chapter: crimes against the community, second section: crimes against the
environment.
2. The adoption of a Misdemeanour Act (No. 5326) in 2005; again, the date of the
Act’s entering into force is taken as the baseline (Art. 44, Misdemeanours Act),
containing specific provisions and sanctions on environmental issues under
Articles 36(1), 41(1-6), and 42.
Among those, with respect to the adoption of a specific category for environmental crimes under the Criminal Code (No. 5237), it should be first of all
underlined that the Code not only involves a specific category for environmental
crimes, but also incorporates the protection of the environment among its objectives, stating: “The objective of the Criminal Code is to protect the individual rights
and freedom, public order and security, rule of law, public health and environment,
and social peace, as well as to prevent the committing of crimes” [emphasis added].
Environmental crimes and the penalties envisaged for them are set out in the
Code, in Articles 181, 182, 183 (where the protection of the environment is handled
in a direct manner) and 184 (where it is handled in an indirect manner). The
environmental crimes included through the 2006 amendment to the Code fall into
just two categories: pollution of the environment (Articles 181, 182, 184) and
causing noise (Art. 183).
5
5
For detailed information on environmental crimes in the context of the Turkish Criminal Code,
see also Yılmaz (2013: 110–288) and Uğurlubay-Aygörmez (2015: 385–453, 454–463, 470–477,
500–537).
42
Z. Savaşan
danger. According to this article, even if an act results from carelessness or lack of
experience, it incurs a penalty if it places any person at risk of damage or could
cause significant loss to property.
The final provision, Article 577, regulates the penalty for animal abuse. As with
the previous provisions, it provides indirect regulation for the protection of the
environment.
In this period, it is also possible to find some criminal provisions indirectly
related to the protection of the environment in some other regulations, e.g. the
Environment Act (No. 2372, Art. 26, predating the 2006 amendment); the Forest
Act (No. 6831 from Art. 91 onwards); the Water Products Act (No. 1380, Art. 36);
the Land Hunting Act (No. 3167, Art. 21); the Harbour Act (No. 618, Art. 15); the
General Sanitation Act (No. 1593, Art. 282); the Protection of Cultural and Natural
Property Act (No. 2863; Art. 65) (Güneş, 2015: 273).
In line with the EU accession and harmonization process, EU Decision 2003/80
led to two important developments regarding the protection of the environment
under Turkish criminal law:
1. The adoption of a specific category for environmental crimes through the 2005
amendment. The date of the Code’s entering into force is taken as the baseline
(Art. 344, Criminal Code) of the Criminal Code (No. 5237), under the third
chapter: crimes against the community, second section: crimes against the
environment.
2. The adoption of a Misdemeanour Act (No. 5326) in 2005; again, the date of the
Act’s entering into force is taken as the baseline (Art. 44, Misdemeanours Act),
containing specific provisions and sanctions on environmental issues under
Articles 36(1), 41(1-6), and 42.
Among those, with respect to the adoption of a specific category for environmental crimes under the Criminal Code (No. 5237), it should be first of all
underlined that the Code not only involves a specific category for environmental
crimes, but also incorporates the protection of the environment among its objectives, stating: “The objective of the Criminal Code is to protect the individual rights
and freedom, public order and security, rule of law, public health and environment,
and social peace, as well as to prevent the committing of crimes” [emphasis added].
Environmental crimes and the penalties envisaged for them are set out in the
Code, in Articles 181, 182, 183 (where the protection of the environment is handled
in a direct manner) and 184 (where it is handled in an indirect manner). The
environmental crimes included through the 2006 amendment to the Code fall into
just two categories: pollution of the environment (Articles 181, 182, 184) and
causing noise (Art. 183).
5
5
For detailed information on environmental crimes in the context of the Turkish Criminal Code,
see also Yılmaz (2013: 110–288) and Uğurlubay-Aygörmez (2015: 385–453, 454–463, 470–477,
500–537).
42
Z. Savaşan