PASSAGE OF THE NEW TURKISH PENAL CODE -

UNCLAS ANKARA 000359

SIPDIS

DEPT FOR CA/OCS/CI

E.O. 12958: N/A
TAGS: CASC CJAN KOCI KTIA TU
SUBJECT: PASSAGE OF THE NEW TURKISH PENAL CODE -
CRIMINALIZATION OF CHILD ABDUCTION


1. On September 26, 2004, the New Turkish Penal Code was
approved by the Turkish Parliament and will go into effect
in April 2005.


2. Article 234 of the new Penal Code makes it a crime for a
noncustodial parent or other blood relative to abduct a
child less than 16 years of age from the custodian parent
and punishes this crime with a prison term of 3 months to 1
year.


3. If the kidnapping accompanies a force or threat of force
or if the child is less than 12 years of age, the penalty
will be doubled.


4. While the law is silent in the cases when no custody has
been assigned, it is still an important step forward since
the notion of criminalizing an abduction of a child by
his/her parent is a novel idea in Turkish society. Turkey's
is currently working on a comprehensive law encompassing all
issues related to children.


EDELMAN