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How are judicial fines calculated?

According to Article 52 of the Turkish Penal Code, judicial fines are calculated using a two-stage method:

  1. Number of Days Determined:
    The judge determines the number of days of the sentence according to the nature and severity of the crime. This number a minimum of 5 days and a maximum of 730 days . However, in some special crimes, the legislator can raise this upper limit even further (for example, 5 years = 1825 days).

  2. Daily Amount Determined:
    for each day, taking into account the perpetrator's economic and social status, and not less than 20 TL or more than 100 TL . This amount may vary for each perpetrator. For example, 20 TL per day might be awarded to a low-income worker, while 100 TL per day might be awarded to a high-income businessman.

  3. Multiplication Method:
    Multiply the number of days by the daily amount to find the total fine.

Example:

  • 300 days x 40 TL = 12,000 TL

  • 100 days x 100 TL = 10,000 TL


Maximum Amount of Judicial Fine

Under normal circumstances, the maximum number of days is 730.The maximum daily amount 100 TL .

👉 So, 730 days x 100 TL = 73,000 TL is the upper limit of the judicial fine.

However, this upper limit can be increased for certain specific types of crimes. For example, in some economic crimes or aggravated offenses in the Turkish Penal Code, the number of days is set at 5 years (1825 days). In this case:

👉 1825 days x 100 TL = 182,500 TL fine may be imposed.


Characteristics of Judicial Fines

  • Principle of Proportionality: The judge cannot determine the amount arbitrarily; he/she must state both the gravity of the crime and the financial situation of the perpetrator in a reasoned manner.

  • Proportionality: A wealthy person and a low-income person committing the same crime may face different penalties; thus, the punishment is equally deterrent for everyone.

  • Payment in installments: Upon the offender's request, the court may divide the sentence into installments over a maximum of 24 months .

  • Failure to pay: If the fine is not paid, each day of imprisonment will be converted into a prison sentence, but the total imprisonment cannot exceed 3 years.


📌 Summary: Judicial fines are calculated using the formula: number of days x daily amount . The minimum is 5 days, and the maximum is 730 days (1825 days in special cases). The daily amount ranges from 20 TL to 100 TL. Therefore, the maximum amount of a judicial fine can be 73,000 TL , and in some offenses, it can reach 182,500 TL .

Special Cases Where the Limit for the Amount of the Judicial Fine is Set Higher

Article 52 of the Turkish Penal Code generally the upper limit for judicial fines at 730 days. However, this upper limit is increased for certain types of crimes and special regulations. Therefore, in some cases, the judge may determine a judicial fine based on a number of days much higher than 730.

1. Drug Offenses (Turkish Penal Code Articles 191/2 and 188)

In cases of possession of narcotics or stimulants for personal use (Turkish Penal Code, Article 191) and manufacturing/trading (Turkish Penal Code, Article 188), the number of days of the judicial fine 5000. Article 188, in particular, prescribes a very high judicial fine in addition to imprisonment.

2. Prostitution Crime (Turkish Penal Code Article 227)

In prostitution offenses, in addition to imprisonment, a judicial fine of between one thousand and ten thousand days is stipulated. This is one of the highest limits of judicial fines.

3. Smuggling Crimes (Law No. 5607)

The Anti-Smuggling Law also stipulates judicial fines the thousands of days . For example, in crimes such as oil smuggling and cigarette and tobacco smuggling, judicial fines of up to 20,000 days can be imposed.

4. Environmental Crimes (Turkish Penal Code Articles 181 and 182)

In cases of intentionally polluting the environment, the judicial fine exceed one thousand days' . Particularly high limits exist for unauthorized waste dumping and hazardous waste offenses.

5. Tampering with Bidding (Turkish Penal Code Article 235) and Fraud in the Performance of an Obligation (Turkish Penal Code Article 236)

In these crimes, the judicial fine from one thousand to ten thousand days . This regulation aims to prevent public harm.

6. Infringement of Intellectual and Industrial Property Rights (Law No. 5846 on Intellectual and Artistic Works)

In cases of copyright and trademark infringement, a judicial fine of up to five thousand days' wages stipulated.

📌 Summary: While the general rule according to Article 52 of the Turkish Penal Code is 730 days = 73,000 TL (with daily amounts between 20-100 TL) , in some specific crimes the daily limit can be 5,000, 10,000, or even 20,000 days . This can lead to judicial fines exceeding hundreds of thousands of liras.

                                                                                                                                                              Law Faculty Student Ada Ceren KENDİGELEN

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