Abstract:

The “Crime of Recording Audio or Visual Media”, which was not regulated under the former Turkish Penal Code numbered 765, was initially regulated in Article 286 of the Second Section titled, “Crimes against the Judiciary”. It is within the Fourth Part, titled “Crimes against the Nation and the State and Final Provisions”, in the Second Book titled “Special Provisions” of the Turkish Criminal Code numbered 5237. With this crime, the act that violates the prohibition -in Article 183 of the Criminal Procedure Code numbered 5271, titled “Prohibition of using audio and visual media recording devices”- is being penalized, and the same prohibition is also included in Article 153 of the Civil Procedure Law numbered 6100, titled “Prohibition of recording and broadcasting”. Regulations state that all devices capable of providing audio or visual media recording or transferring within the courthouse and in the courtroom after the start of the hearing are prohibited. Thus, Article 286 of the Turkish Criminal Code will be applied in case of violation of these rules, aiming to ensure that procedure takes place within a certain order and, in particular, to preserve the presumption of innocence in criminal proceedings. In this study, the “Crime of Recording Audio or Visual Media”, regulated in Article 286 of the Turkish Criminal Code numbered 5237, is examined according to the examination method of crime. Besides, suggestions for necessary amendments to certain provisions related to this type of crime are included.

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