Crime of obscenity

In this study, the crime of obscenity which is set out in Turkish Criminal Code is reviewed. This study consists of three chapters. In the first chapter, the notion of obscenity, its historical process and its connection with morals are reviewed in general. In addition to this, the approach to the subject of obscenity, especially in the Western legal system, is partially introduced in comparative law. In the second chapter, the crime of obscenity is reviewed considering the former Turkish Criminal Code No. 765 and the approach the courts had related to the subject of obscenity in that period is also reviewed. In the third chapter, the stipulated crime in the Article 226 of the currently applicable Turkish Criminal Code No. 5237 is investigated in accordance with the principles of general theory of crime by considering the understandings of the notion in comparative law. Although it is believed that a quite systematic evaluation could not be performed due to the complicated regulation of the crime, efforts have been made to make an evaluation by addressing the systematic followed in the studies on this discipline. Within this context, significant decisions of the Supreme Court on the relevant crime are addressed. The decision made recently by the Constitutional Court on the relevant issue is also addressed within this context. This study basically is about the crime of obscenity in its stipulated form in Turkish Criminal Code No. 5237. The issues regarding the mass communication law are reviewed partially. The crime of obscenity appears as an abstract crime of danger in the section of Crimes Against Public Morality of the part of Crimes Against Public of Turkish Criminal Code. As it is regulated as an abstract crime of danger, features general morality as the essential value to be protected, stipulates hardcore pornographic materials within the scope of crime, and due to its close relations with science and art or the freedom of thought and speech, this notion brings about numerous controversial topics. Accordingly, such controversial issues are especially addressed within this context. Key Words: Morality, Public Morality, Obscenity, Hard Obscenity, Soft Obscenity,Pornography, Hard-Core Pornography, Soft-Core Pornography, Crime of Obscenity, Child Pornography.