Responsibility due to the crimes committed through press in view of the general provisions of the Turkish Penal Code

Criminal responsibility related with crimes committed through press is regulated in the article 11 of the 5187 numbered press law. In respect of this article where a special responsibility is foreseen, author of a work is regarded responsible for the crimes committed by periodical and non-periodical publications. However, in cases where the the author is not known, or where explicitly prescribed by law, individuals like managers, editors, chief editors, press advisers, publishers and printers in charge are stipulated to be penalized. Evaluating ?the system of this special responsibility for the crimes through press? within the framework of the General Provisions of the Turkish Penal Code is of great significance.Within the Penal Code reform, the new Penal Code (5237 no) entered into force on 1 June 2005 after the annulment of the old one (765 no.) . In the General Provisions part of the new Penal code, there have been created many improvements in terms of crime and punishment theory when compared to the older one. In the new code, it is stated that ? the General Provisions of this Statute shall apply both to special criminal statutes and other statutes which include criminal penalties.? For this reason, evaluating ? this special responsibility for the crimes through press? within the framework of the General Provisions of the Turkish Penal Code is of great significance.In the second part of the study, generally the interaction between Press and Penal Codes is analyzed. The topic of ? Criminal Responsibility for Press crimes? is viewed from the aspects of Comparative Law, Turkish Press Law and the historical development.In the second part, the topic of ? 5237 numbered Criminal Responsibility for Press crimes in view of the General Provisions of the Turkish Penal Code? is analyzed, which is the main aim of this study. Primarily, the reasons for changes in the Penal Code and new philosophical approach it has brought to the criminal law are evaluated and then there is a focus on the the reflections of the General Provisions on the crimes committed through press.To sum up, it is believed that the special responsibility system stipulated in Press Law is in contradiction with the principles of the Penal Code like ? Individuality of Criminal Responsibility? , ?there is no perfect responsibility? and ?jointly committed offenses? . Therefore, it is suggested that a responsibility system related with press crimes needs to be regulated according to the General Provisions of the Penal Code.Key Words1.Press crime,2.Press law,3.Criminal law,4.Criminal responsibity,5.Special responsibilty system.