General Reasons

Chapter 154 Criminal Code, which has been in effect since British Colony Period is not up to date and applicable anymore in many aspects. It is unavoidable to make amendments to the Criminal Code considering human rights and considering improved and modern law conception.

The third section of the therein law is “offences against the administration of lawful authority” which protects people who can be aggrieved by those offences and especially women and children. However, it has contradictory embodiments, which are against modern human rights and freedoms.

Most of the civilised communities approve the homosexual relationship as natural and not in violating the morals or the legal norms. On the contrary, same with rights of women and minorities, the rights of homosexuals have been defended by intellectual, democrat individuals and human rights organisations. Likewise, in many European countries, homosexual marriages have been based on a legal basis. Holland, Belgium and Spain enable the right for homosexual marriages. Additionally, Britain, Germany, France, Denmark, Sweden, Finland, Slovenia, Switzerland, Czech Republic, Luxembourg and Norway enable “civil partnership” laws in order to cover marriage laws for homosexual partners.

In modern world, considering homosexuality as an illness or being afraid of homosexuals (homophobia) is seen being pariah, but not being a homosexual. Although presence of these reasons, article 171 of the Criminal Code and the following articles (172 and 173) have been considering homosexual relationship as an offence and punishing with heavy penalty for imprisonment. These embodiments are all outdated and derogative to main human rights and liberties. Republic of Cyprus, where the same law was in effect since the British period, was sentenced by European Court of Human Rights and with the ultimatum of European Council; Republic of Cyprus eliminated those articles, which consider homosexuality as offence. (Alecos Modinos case)

According to third part of Chapter 154, victims of some sexual offences only considered as women and young girls. It is legal and social obligation of the authorities to protect males for sexual offences.  It would be appropriate to get rid of this legal loophole.

For the reasons mentioned above, the present proposal for amendments to the criminal code has prepared.

Reasons to Amendments

Reason of first amendment: It cites the short title of the law according to the law construction technique.

Reason of second amendment: The aim is to define “sexual intercourse” in detail and therefore avoid any kind of confusions.

Reason of third amendment: The sentence structure of “or men” is added to the article with the aim of considering victims of abuse not only female but male as well.

Reason of fourth amendment: Appropriate additions are done with the aim of considering victim of a sexual intercourse with a relative (incest), not only female but male as well.

Reason of fifth amendment: At the present article, there is a regulation about the defilement of young girls under the age of 13, which considers it offence. However, there is no regulation for defilement of young boys under the age of 13. The aim is to get rid of this loophole.

Reason of sixth amendment: At the present article, there is a regulation about the defilement of with young girls between the age of 13 and 16, which considers it offence. But there is no regulation for defilement of young boys between the age of 13 and 16. The aim is to get rid of this loophole.

Reason of seventh amendment: Abrogate the outdated article, which considers homosexual relationship as crime.

Reason of eighth amendment: Parallel to the abrogation of article 171, abrogation of article 172 is aimed.

Reason of ninth amendment: Parallel to abrogation of articles 171 and 172, abrogation of the article 173 with is about the attempts is aimed.

Reason of tenth amendment: Together with the amendments to section 153, the aim is the abrogation of article 174.

Reason of eleventh amendment: The law is going to be in effect after being published in Official Journal.

 

Proposal for Changes to the Criminal Code

 

Turkish Republic of Northern Cyprus Parliament prepares following law:

 

Short Title

   Chapter 154

3/1962

43/1963

15/1972

20/1974

31/1975

6/1983

22/1989

64/1989

11/1997

20/2004

41/2007

 

1.

This law is cited as Criminal (Amendment) Law and, could be read together with original Criminal Code.

Amendment to the 4th part of the Original Criminal Code

2.

Criminal Code is amended by adding following definition of carnal knowledge:

 

Carnal knowledge is breach of bodily integrity by penetrating organ or other things with sexual assaults

 

Amendment to the 144th Article of the

3.

Criminal Code is amended by abrogation of Article 144 and replaced by following new Article 144:

Original Criminal Code

 

Definition of Rape

144. Any person who has unlawful carnal knowledge of a female or male, without her/his consent, if the consent is obtained by force or fear of bodily harm in any means, or, in the case of a married woman, by personating her husband, is guilty of the felony termed rape.

 

Rape

 Any male intentionally and sexually penetrates the vagina, anus or mouth of another person with his penis or any person intentionally and sexually penetrates the vagina or anus of another person with a part of his body or anything else.

Amendment to the 147th Article of the

4.

Criminal Code is amended by abrogation of Article 147 and replaced by following new Article 144:

Original Criminal Code

 

Incest

147. Any person who has carnal knowledge of a female or a male person, irrespective of Whether with the consent or not such female person/male person, who is  to his knowledge his grand daughter, grandson, son, daughter, sister, brother, father or mother shall be guilty of the offence of incest and shall be liable to imprisonment for seven years.

 

Amendment to the 153th Article of the

5.

Criminal Code is amended by abrogation of Article 153 and replaced by following new Article 153:

 

Original Criminal Code

 

Defilement of girls and boys under thirteen years of age

153.

(1)

Any person who unlawfully and carnally knows a female or a male under the age of thirteen years is guilty of a felony and is liable to imprisonment for life with or without flogging or whipping.

 

 

 

Carnal Knowledge

 

(2)

Any person who attempts to have unlawful carnal knowledge of a female or a male under the age of thirteen years is guilty of a misdemeanour and is liable to imprisonment for three years.

 

Amendment to the 154th Article of the

6.

Criminal Code is amended by abrogation of Article 154 and replaced by following new Article 154:

Original Criminal Code

 

Defilement of girls and boys between thirteen and sixteen years of age

154. Any person who unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any female person or a male person of, or above, the age of thirteen years and under the age of sixteen years is guilty of a misdemeanour.

Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the Court before which the charge shall be brought that the person so charged had reasonable cause to believe that the female person or male person was of, or above, the age of sixteen years.

 

Deletion of the 171st Article of the Original Criminal Code  

 

7.

Criminal Code is amended by abrogation of Article 171.

 

Deletion of the 172nd Article of the Original Criminal Code  

 

8.

Criminal Code is amended by abrogation of Article 172.

 

Deletion of the 173rd Article of the Original Criminal Code  

 

9.

Criminal Code is amended by abrogation of Article 173.

 

Deletion of the 174th Article of the Original Criminal Code  

 

10.

Criminal Code is amended by abrogation of Article 174.

 

Being in Effect

11.

This Law will be in effect after being published in Official Journal. 
               

  

Initiative Against Homophobia

25th of April 2008