CRIMINAL AND POLITICAL LIABILITY OF THE PRESIDENT IN TURKEY

Abstract

As regards the criminal responsibility in the case of a criminal offense by the President of the Republic of Turkey, the Constitution of 1982 before the constitutional amendment of 16 April 2017 m. 105/3; Apart from the crime of high treason, the president had no criminal responsibility. It should be noted that this high treason crime, which is not in jure entirely clear what its scope and nature are, is in no way defined in the special criminal law, including the Turkish Penal Code. The fact that the majority of the full majority of the members of the TGNA with the highest qualified majority rate in the constitution, which is almost impossible to procure, was virtually dismissed for the offense of treason. After the Constitutional Amendment adopted on 16 April 2017, it can be stated that the Presidential government system, as the new government model, has provided a great deal of operability to this responsibility mechanism by removing the barriers to the criminal responsibility of the President. In the Presidential system, the President undertakes a direct political responsibility to the public, with the effect of making the executive single-headed and electing two terms. In addition, the TGNA, which is not normally in the presidential system, has the power to renew the elections, will open the door to use the authority, together with the President to go to elections. It is also important to note that this is a kind of parliament, which, even if indirectly, would mean asking for an account.