Judicial fine is one of the alternative sanctions to the prison sentence regulated in our penal code. According to the first paragraph of Article 52 of our Turkish Penal Code No. 5237, titled “Judicial Fine”;
“Judicial fine consists of paying the amount calculated by multiplying the total number of days determined as less than five days and not more than seven hundred and thirty days in cases where there is no contrary provision in the law, by the amount determined for one day, by the convict, to the State Treasury.”
The most important principle that is tried to be protected both in international law and in domestic law is freedom. Throughout history, the concept of freedom has been interpreted in different ways and tried to be protected. With the French Revolution, the understanding of the state for the individual prevailed throughout the world and the concept of democracy became stronger. With the effect of this, the Turkish Grand National Assembly, the legislator of the Republic of Turkey, diversified the sanctions while arranging our penal laws and placed the Judicial Fine among these sanctions. Because, in some crimes, instead of imprisonment, only Judicial Fine is foreseen, while in some crimes, it foresees Judicial Fine along with imprisonment. In this context, Judicial Fines appear in four different forms in our Law. These;
Offenses for which only a judicial fine can be imposed:
In these crimes, the legislator has regulated the sanction, that is, the penalty, which is the equivalent of the act, only as a Judicial Fine. For this reason, the court or the judge who will render the verdict for these crimes will not be able to impose a prison sentence. For example, article 182 of the Turkish Penal Code, “Contamination of the Environment by Negligence” is the crime.
Offenses for which a Judicial Fine will be Sentenced with Prison Penalty:
In these crimes, the legislator has regulated the sanction corresponding to the act as both imprisonment and judicial fine. So much so that, at the end of the trial, the accused who commits the crime will be sentenced to imprisonment and a judicial fine. For example, the Turkish Penal Code article 188/1 “Manufacturing and Trafficking in Drugs or Stimulant Substances” is like this.
Judicial Fine as an Option Sanction:
In these crimes, the legislator determined the sanction corresponding to the act with “or” and gave the judge the opportunity to order imprisonment or a judicial fine. Here, the judge has discretion in deciding the sanction. For example, article 183 of the Turkish Penal Code is the crime of “Causing Noise”.
Judicial Fine Converted from Prison Sentence:
In these crimes, the legislator envisaged only imprisonment as the sanction of the act. However, by sending the Turkish Penal Code article 50, giving a discretionary power to the judge; It has given the opportunity to impose a prison sentence of 1 year or less for intentionally committed crimes, and a judicial fine no matter how long the penalty is for crimes committed by negligence (for example, 8 years for “killing by negligence” in Article 85 of the Turkish Penal Code).
