vibration originating from transportation vehicles, construction sites, company
premises, workshops, offices, entertainment places, service buildings and
residences.
In addition to those defined under the specific category of environmental crimes,
under the Criminal Code (No. 5237) there are some other crimes indirectly related
to the conservation of the environment, as in the previous Criminal Code (No. 765).
These are regulated under different titles, such as crimes causing general danger
(Articles 171-174), endangering public safety deliberately (Art. 170), endangering
public safety negligently (Art. 171), scattering radiation (Art. 172), causing
explosion by atomic energy (Art. 173), the storage or delivery of hazardous substances without permission (Art. 174); and, under the title of the crimes against
public health (Articles 185, 186, 193), adding toxic substances (Art. 185), trade of
decayed or transformed food or drugs (Art. 186), and the production and trade of
toxic substances (Art. 193).
Besides those regulated under the Criminal Code, two crimes are dealt with
under Article 26, Environment Act under the title of judicial penalties. These
already existed before the amendment of the Criminal Code, but were slightly
altered through the 2006 amendments to the Environment Act.
In Article 26(1) about providing wrong and misleading information contrary to
the provisions of Article 12(3-4), Environment Act on the inspection and obligation
of notification and providing information, the penalty was increased from six
months to one year of imprisonment.
Meanwhile, Article 26(2), on arranging and using wrong and misleading documents, refers to the provisions of the Criminal Code on forgery of a document,
which is handled under two separate types of crimes: forgery of an official document (Art. 204) and forgery of a personal document (Art. 207).
In addition to the regulation of environmental violations via the Criminal Code,
there is also provision to impose the administrative sanctions set out in the
Misdemeanours Act and the Environment Act. This suggests that under Turkish
Criminal Law it is possible to commit environmental misdemeanours (not just
environmental crimes). Misdemeanours are offences which are regarded by the law
as less serious than felonies but which nevertheless have a negative impact on
others or the environment. The law responds to environmental misdemeanours by
imposing administrative sanctions (Art. 2, Misdemeanours Act).
Whereas the book on Misdemeanors under the Criminal Code (No. 765) includes
three provisions which are indirectly related to the protection of the environment (the
previously outlined Arts. 526, 566 and 577), the Misdemeanours Act of 2005
contains provisions which are directly related to environmental matters, such as Art.
36(1) on causing noise and Art. 41 (1-6) on pollution of the environment.
This Act not only involves specific provisions on environmental misdemeanours, but also includes the protection of the environment among its objectives,
e.g. the Criminal Code (No. 5237) (Art. 1, Misdemeanours Act).
The Environment Act (Art. 20) also addresses misdemeanours related to the
environment. Even though the term ‘misdemeanour’ is not used in the Environment
Act, when administrative sanctions are identified as the applicable response to
44
Z. Savaşan
premises, workshops, offices, entertainment places, service buildings and
residences.
In addition to those defined under the specific category of environmental crimes,
under the Criminal Code (No. 5237) there are some other crimes indirectly related
to the conservation of the environment, as in the previous Criminal Code (No. 765).
These are regulated under different titles, such as crimes causing general danger
(Articles 171-174), endangering public safety deliberately (Art. 170), endangering
public safety negligently (Art. 171), scattering radiation (Art. 172), causing
explosion by atomic energy (Art. 173), the storage or delivery of hazardous substances without permission (Art. 174); and, under the title of the crimes against
public health (Articles 185, 186, 193), adding toxic substances (Art. 185), trade of
decayed or transformed food or drugs (Art. 186), and the production and trade of
toxic substances (Art. 193).
Besides those regulated under the Criminal Code, two crimes are dealt with
under Article 26, Environment Act under the title of judicial penalties. These
already existed before the amendment of the Criminal Code, but were slightly
altered through the 2006 amendments to the Environment Act.
In Article 26(1) about providing wrong and misleading information contrary to
the provisions of Article 12(3-4), Environment Act on the inspection and obligation
of notification and providing information, the penalty was increased from six
months to one year of imprisonment.
Meanwhile, Article 26(2), on arranging and using wrong and misleading documents, refers to the provisions of the Criminal Code on forgery of a document,
which is handled under two separate types of crimes: forgery of an official document (Art. 204) and forgery of a personal document (Art. 207).
In addition to the regulation of environmental violations via the Criminal Code,
there is also provision to impose the administrative sanctions set out in the
Misdemeanours Act and the Environment Act. This suggests that under Turkish
Criminal Law it is possible to commit environmental misdemeanours (not just
environmental crimes). Misdemeanours are offences which are regarded by the law
as less serious than felonies but which nevertheless have a negative impact on
others or the environment. The law responds to environmental misdemeanours by
imposing administrative sanctions (Art. 2, Misdemeanours Act).
Whereas the book on Misdemeanors under the Criminal Code (No. 765) includes
three provisions which are indirectly related to the protection of the environment (the
previously outlined Arts. 526, 566 and 577), the Misdemeanours Act of 2005
contains provisions which are directly related to environmental matters, such as Art.
36(1) on causing noise and Art. 41 (1-6) on pollution of the environment.
This Act not only involves specific provisions on environmental misdemeanours, but also includes the protection of the environment among its objectives,
e.g. the Criminal Code (No. 5237) (Art. 1, Misdemeanours Act).
The Environment Act (Art. 20) also addresses misdemeanours related to the
environment. Even though the term ‘misdemeanour’ is not used in the Environment
Act, when administrative sanctions are identified as the applicable response to
44
Z. Savaşan