Prohibition of Retroactive Punishment from the AYM!
Official titleDecision of the Constitutional Court dated 11/2/2026 and Application Number 2022/20463
The Constitutional Court decided that applying a harsher provision of the penal code to the applicant, which was not in force at the date of the offense, violated the principle of 'legality in crime and punishment'.
Details of the Regulation
Regarding the applicant, in the trial conducted for an offense allegedly committed on 21/04/2013, a judgment was rendered based on increased penalty amounts following a legislative amendment made on 18/06/2014. The AYM considered it a constitutional violation that the rule of 'application of the law favorable to the offender', one of the fundamental principles of criminal law, was ignored and harsher penal provisions not in force at the date of the act were applied retroactively to the detriment of the accused.
The Court regarded the fact that the applicant's objections in this regard during the trial process were not taken into account by the courts of instance as a violation of the principle of 'legality in crime and punishment' protected under Article 38 of the Constitution. As a result of the decision, in order to eliminate the consequences of the violation, it was ruled that the file be sent to the relevant court for a retrial.
The AYM held that the determination of the violation constituted sufficient redress in itself and rejected the applicant's claim for non-pecuniary damages; however, it decided that the litigation expenses be paid to the applicant.
Questions You Might Have
- What happens if the penalty was lower at the date I committed the offense, but the penalty increased by the time the court judgment was rendered?
- The court is obliged to apply the favorable provisions of the law as of the date the offense was committed. Otherwise, a constitutional violation of rights occurs.
- Why did the AYM reject my claim for non-pecuniary damages?
- In cases where the Constitutional Court rules that the decision for a retrial constitutes a sufficient remedy to compensate for the violation, it may deem non-pecuniary damages unnecessary.
Key Terms
- Suçta ve cezada kanunilik
- It is the principle that no one shall be punished for an act which did not constitute an offense under the law in force at the time it was committed.
- Geriye yürütme yasağı
- It is the prohibition against applying penal laws retroactively to produce results to the detriment of the offender by coming into force after the date the offense was committed.
- Temyiz
- It is the process by which decisions rendered by local courts are subjected to a review of legality by higher courts such as the Court of Cassation.
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REGAS Commentary
This decision once again reveals the vital importance of the principle of the 'prohibition of retroactivity' in criminal proceedings. For citizens, it is a legal guarantee that even if the penalty amount for a committed offense is subsequently increased, the favorable provisions as of the date the offense was committed must be taken as a basis. The oversight or failure to evaluate this simple yet critical rule by the courts of instance can be corrected by the Constitutional Court through individual application.