Alternative sanctions to short-term freedom binding punishments in Turkish Penal Law number 5237

A society must absolutely be in an order. The basic reason of meeting the actions, contrary to the social order, with the reaction of punishment sanction is just to sustain the social peace. The government as the supreme organization of the society must take the necessary measures to ensure the social peace and harmony. At the beginning of these measures comes the constitution of crime and punishment and the fulfillment of the inflicted punishments.However the classical aim of punishment, taking revenge or atonement, has changed with the history of humanity and the thoughts related to the aim of punishment have inclined to become an aim of purifying the guilty from the crime and protecting the society by suspending the sentimentality and applying the solutions based on the scientific foundation.The Modern Mentality of Punishment has begun te seek scientifically the ways of releasing both the actor of the unlawful actions and the victims of these actions, society at the beginning, true and juristic people, from the actions, contrary to the law, with the least loss or harm. In this sense, for the purpose of keeping all subject the least influenced from the unlawful action and to eliminate the negative influences of freedom-binding punishments, some sort of alternative ways for solving disagreements and especially the search for some alternative sanctions instead of short-term freedom-binding punishments have been investigated. It is understood that, with these alternative sanctions, especially the harmful influences of short- term freedom-binding punishments are minimized both for suspect and victim and for society, and by means of this the intended profit has been realized.At this juncture, all juristically systems have started to deal with the issue of alternative sanctions, applied instead of freedom-binding punishments and eventually this issue has fulfilled an important function as a useful institution, which provides protection for the society against crime or offence.Keywords: Short-term Freedom Binding Punishment, Alternative Sanction, Measures of Precaution