Alternative sanctions in the Turkish Penal Code (TPC Art. 50)

Apart from the tendency of having a penal system with sanctions of lesser severity, one of the important developments in criminal law is to apply different penalties than that of imprisonment. For judgements that involve imprisonment of one year or less, Turkish Penal Code Article 50, provides for alternative sanctions in replacement, such as, punishment with a fine, compensation of the aggrieved party, compulsory attendance to a vocational course, prohibition from certain activities or admission to certain places, annulment of licences and certificates, prohibition from performing certain trades and careers and compulsory public service.In the context of law, alternative sanctions are not precautionary measures but are punishments. Since sanctions as such are a response to violation of law, they should be regarded as retribution just the same as penalty of imprisonment and punishment with a fine and should be defined likewise in the Turkish Penal Code.Since alternative sanctions are punishments, they are in limited numbers and can not be increased; rule of legitimate penalty is valid for these sanctions also. With the exception of infliction of a fine which can be repeated, alternative sanctions are punishments of lesser severity and therefore can not be repeated.Because they are punishments, the judgement should be to deem the alternative sanctions as abrogated in the case of the death of the sentenced or proclamation of general amnesty. Furthermore, alternative sanctions can not be executed in case of statute of repose (limitations).