A judicial fine is one of the alternative penalties to imprisonment provided for in our Criminal Code. According to the first paragraph of Article 52 of our Turkish Criminal Code No. 5237, titled “Judicial Fine”;
“A criminal fine consists of the total number of days determined to be less than five days and not exceeding seven hundred and thirty days in cases where the law does not provide otherwise, multiplied by the amount determined for one day, which the convicted person must pay to the State Treasury.”
The most important principle protected in international and domestic law is freedom. Throughout history, the concept of freedom has been interpreted and protected in various ways. With the French Revolution, the concept of the state as a servant of the individual gained prominence worldwide, and the concept of democracy strengthened. Under this influence, the Turkish Grand National Assembly, the legislative body of the Republic of Turkey, diversified the penalties in our criminal laws and included the judicial fine among them. In some cases, only a judicial fine is imposed instead of imprisonment, while in others, both imprisonment and a judicial fine are imposed. In this context, judicial fines appear in four distinct forms in our legal system. These are:
Crimes punishable only by a fine:
In these crimes, the legislator has stipulated that the punishment, i.e., the penalty for the offense, shall be a fine only. Therefore, the court or judge ruling on these crimes cannot impose a prison sentence. For example, Article 182 of the Turkish Penal Code, “Negligent Pollution of the Environment,” is similar to this.
Crimes punishable by both imprisonment and a fine:
In these crimes, the legislator has established the punishment corresponding to the act as both imprisonment and a fine. Thus, at the end of the trial, the defendant who committed the crime will be sentenced to both imprisonment and a fine. For example, Article 188/1 of the Turkish Penal Code, “Manufacture and Trade of Narcotic or Psychotropic Substances,” is one such offense.
Fine as an Alternative Punishment:
In these crimes, the legislator has determined the punishment corresponding to the act with the word “or” and has given the judge the option of imposing either imprisonment or a fine. Here, the judge has discretion in determining the punishment. For example, Article 183 of the Turkish Penal Code, “Making Noise,” is similar to this.
Conversion of Imprisonment to a Fine:
In these crimes, the legislator has only provided for imprisonment as a penalty for the offense. However, by referring to Article 50 of the Turkish Penal Code, the judge is given discretionary power; in cases of intentional crimes, a prison sentence of one year or less may be imposed, while in cases of negligent crimes, regardless of the duration of the sentence, a fine may be imposed (e.g., in the case of “Negligent Homicide” under the Turkish Penal Code, a fine of 8 years).