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Article 301 : ウィキペディア英語版
Article 301 (Turkish Penal Code)

Article 301 is an article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish nation, or Turkish government institutions. It took effect on June 1, 2005, and was introduced as part of a package of penal-law reform in the process preceding the opening of negotiations for Turkish membership of the European Union (EU), in order to bring Turkey up to the Union standards.〔"(Turkey's new penal code touches raw nerves )," ''EurActiv'' June 2, 2005, updated November 14, 2005.〕
The original version of the article made it a crime to "insult Turkishness"; on April 30, 2008, the article was amended to change "Turkishness" into "the Turkish nation". Since this article became law, charges have been brought in more than 60 cases, some of which are high-profile.〔Lea, Richard. ("In Istanbul, a writer awaits her day in court" ), ''The Guardian'', July 24, 2006.〕 The Great Jurists Union ((トルコ語:Büyük Hukukçular Birliği)) headed by Kemal Kerinçsiz, a Turkish lawyer, is "behind nearly all of Article 301 trials".〔(In Turkey, ultra-nationalist lawyer wins supporters as enthusiasm for the EU falls ) (2006-09-06), from Associated Press via ''International Herald Tribune''〕 Kerinçsiz himself is responsible for forty of the trials, including the high-profile ones.
On April 30, 2008 a series of changes were made on the Article 301, including a new amendment which makes it obligatory to get the approval of the minister of justice to file a case.〔(CafeSiyaset: 301 yeni hali ile yürürlüğe girdi ) ("New version of Article 301 takes effect") 〕 This change was made to prevent the possible misuse of the article, especially against high-profile cases, filling up the legal holes of the older version.
==Text==
The article currently reads as follows:〔"(Parliament Passes The Revised Article 301 With 250 Votes Against 65 )," Bianet, May 1, 2008〕
# A person who publicly denigrates the Turkish Nation, the State of the Turkish Republic or the Grand Assembly of Turkey and the judicial institutions of the State shall be punishable by imprisonment from 6 months to 2 years.
# A person who publicly denigrates the military and police organizations of the State will too receive the same punishment.
# Expressions of thought intended to criticize shall not constitute a crime.
# The prosecution under this article will require the approval of the Minister of Justice.
Before amendments were made to Article 301 on April 30, 2008, the article stated the following:〔〔"(Turkey: Article 301 is a threat to freedom of expression and must be repealed now! )," Amnesty International Public Statement December 1, 2005〕
# A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be punishable by imprisonment of between six months and three years.
# A person who publicly denigrates the Government of the Republic of Turkey, the judicial institutions of the State, the military or security organizations shall be punishable by imprisonment of between six months and two years.
# In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.
# Expressions of thought intended to criticize shall not constitute a crime.
Before the current Turkish Penal Code dated 2005 took effect, the article 159 of the Turkish Penal Code dated 1926 covered the same offense. It had been amended a few times, including in 1961 and 2003.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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