Before you go to vote, learn and share the legal framework for photographing/requesting the votes mentioned in this content.
The hours are now counting for the Turkish General Elections, which will take place on 14 May. However, there were posts on social media stating that the freedom of thought of the voters would be prevented. applications developed as a precautionary measure it went viral.
Some users stated that they were forced to vote for a side they did not want due to pressure from relatives or friends. After conveying the agenda on social media, The legal equivalent of these demands, the photographing and sending of the ballot paper. we will transfer.
An example of the posts expressing environmental pressure:
The party name in the image does not concern us. Pressure can be experienced regardless of opinion and the party that is wanted to be supported.
Here are some ‘solutions’ to such pressures shared on social media:
Let’s move on to the law: demanding a photograph of the ballot paper from a person is a crime and penalty by law!
The Law No. 298 on the “Basic Provisions of Elections and Voter Registers” clearly states that pressure should not be put on individuals. prohibiting and punishing has an item.
Within the framework of Article 152 of the Law, those who offer votes or preferences to the electorate 1 to 3 years in prison penalty is foreseen.
If this if done through threat, coercion or violencethe penalty is doubled.
But more than that, it is forbidden by law to enter the place where you will vote with any video recorder/communication tool, there is a penalty!
Pursuant to Article 92 of the Law, when you enter the place where you will vote, that is, behind that curtain. You cannot carry an image recording or communication device. This is prohibited by law.
If you enter and do not comply with the authorities’ insistence on complying with the law, you may be fined by law.
This penalty, as stated in Article 134 of the Law, 200 TL fine will be. But if you insist that the law not be enforced, the penalty up to six months in prison can be increased.
If you voted by accepting the ‘offer’ that came to you, you are guilty too!
Again, in article 152 of the Law, if you have accepted the offer to vote for a particular party, you are also considered guilty by law.
1-3 years in prison for the person(s) who forwarded the offer to you due to this crime, It will be foreseen for you as well.
Therefore, if you vote as a result of someone’s proposal and send your vote by taking a photo, you are considered guilty and can be punished.
The photo you sent indicates not only that you voted as a result of the offer, but that you voted with a prohibited device. proof is happening.
You can send the law, prohibitions and penalties to the person or persons who make demands from you.
Related articles of Law No. 298
Article 92 – (Amended: 8/4/2010-5980/17 art.)
Unless the voter leaves the closed polling place, no one can enter it. However, in order to prepare the ballot paper, the voters staying in the closed polling place for more than the normal time are warned by the chairman of the board by giving a reasonable time. Voters who do not leave the closed voting place despite this warning will be removed from there.
of choosing; It is forbidden to enter the closed voting place with video recorders or communication devices such as mobile phones, cameras or film cameras. Such devices are turned off before entering the closed voting place and delivered to the chairman of the ballot box committee and returned to the voters after the voting process is over.
Article 134 – (Amended: 23/1/2008-5728/288 art.)
Persons who do not comply with the decisions and measures taken by the boards or the chairpersons of the boards written in this Law, in order to ensure the regular conduct of the elections during the course of the election affairs, despite the warning, shall be punished with an administrative fine of two hundred Turkish Liras.
Persons who make it difficult to implement the decisions and measures taken in any way or cause the decisions and measures to be ineffective, shall be sentenced to imprisonment of up to six months.
If the above-mentioned acts are committed by the authorized persons and their acts do not constitute a crime requiring a heavier penalty, the penalty to be imposed according to the first or second paragraph is increased by half.
Article 152 – (Amended first paragraph: 10/6/1983-2839/50 art.)
Whoever offers, promises or gives benefits, other assets, or promises or provides official, public duties or special services and benefits to one or more voters in order to give or not to give a vote or preference sign to himself or another, is punished with imprisonment from one year to three years. . The provision is the same even if the benefits given, promised or provided are shown in exchange for the travel, food, drink and transportation costs or services of the electorate.
Even the voters who accept the money, benefits, promises or services written above are punished with the same penalty.
Those who commit these acts by using threats, force or violence are sentenced to be doubled.