The Turkish Football Federation, which was established to carry out all kinds of football activities according to national and international rules, to organize and develop and to represent Turkey in and out of the country on football, by amending the Football Discipline Instruction, In his law he established a postponement institution. Why is such an arrangement needed? What is the purpose of this regulation?
In the 15th article titled "Cezalar" of Law No. 5894 on the Establishment and Duties of the Turkish Football Federation, the football clubs and individuals in the football competitions and activities, the disciplinary violations and the penalties to be imposed on them In the frame drawn by the TFF Statue and Statue in accordance with FIFA and UEFA rules, It will be determined by the instructions.
Disciplinary offenses are counted separately in Articles 37 and 63 of the Football Disciplinary Order and disciplinary penalties are found in Article 58 of the TFF Statute. The content, manner and scope of the disciplinary penalties are also regulated in Articles 18 and 36 of the Football Discipline Code.
In light of these regulations, the decision of the TFF Executive Board dated April 29, 2012 and the Article 103 added to the Football Discipline Instruction with the title "Delay of Sanction" were arranged under the executive superintendent of the postponement system. The postponement has been on the FIFA and UEFA Disciplinary Instructions for many years.
Article 33 of the FIPA Disciplinary Order was issued in the headline "Partial Postponement on Punishment".
In the UEFA Discipline Code, "Susan Yilmaz Sanction" was organized in the headline and 15bis article. The regulation of Article 103 in our Football Discipline Instruction is essentially the same as the UEFA Disciplinary Instruction.
But before looking at football legislation, it is useful to examine the postponement institution in terms of our material law.
It is accepted that, in some cases, a criminal case is opened against the perpetrator, a hearing is held if the case is filed, a criminal is sent after the case, or a crime policy is demanded from the execution of the sentenced person. In this period, a criminal case is opened in case of a new criminal activity within a certain period of time, called the trial period, and the penalty is executed or the executed case is executed. Delay in criminal law was not regarded as a conditional amnesty, but as an execution institution for imprisonment.
If punishment is not implemented effectively, deterrence will also lose its effect. On the other hand, punishment must also be applied in terms of the order of the order which is disrupted.
Postponement is a peculiar institution that completes the execution system of punishment, and at the same time it is the instrument for the personalization of a kind of punishment. If the perpetrator does not commit the crime again during the trial period, it may be possible to prevent the punishment from being executed or to be counted as no punishment at the end of the delayed period. Punishment in disciplinary laws creates an effect on the abstraction rather than on bringing the resident back into existence. This is why it is under the acceptance of the postponement institution; For the first time from one side, to commit criminal offense, to save from the benevolent and demoralizing effect of the execution of the sentence, and to be freed from punishment on the condition that the other side is well-behaved, will encourage the person to act in conformity with the law.
The postponement of punishment finds its support, in terms of prevention and justice. In delay, special prevention, that is, the perpetrator is in the foreground of reconsideration. The postponement of the sentence gives the possibility that the execution of the sentence, which was ruled in the presence of certain circumstances, could be postponed for a certain period of time. As you can see, the postponement authority belongs to the judiciary, which has to decide on the weight of the imperfection and punishment, not on the legislator or administrative bodies.
In this respect, it is impossible to agree that there is a kind of amnesty in the postponement. According to Dönmezer-Erman, postponement is an institution which on one hand requires the execution of the sentence to be put back, and on the other hand a conditional forgiveness, which completes the system of punishment and is a self-existent institution. In this respect, the aim of the postponement institution can be summarized into three essentials. These are an institution that is a good penal policy institution, a means to individualize the punishment, and an institution that eliminates the penalties of punishment and consequently imprisonment and secondary criminality.
Moreover, as a consequence of the social state principle, it is now turned into an understanding of collective rehabilitation from the concept of the compensatory punishment. It is clear that postponement in postponement has the weight of thinking about recruiting, it is too much to argue. Needs for payment and general prevention have already been taken into consideration by the legislator by means of closing the deferral route in terms of serious offenses. On the other hand, the postponement of the sentence is an appropriate means of individualizing the sentences. That is, the procurement agency also ensures that the punishment is individualized and adapted to the perpetrator's personality. Today, the criminal has begun to be regarded as important in the first period and the crime in the second.
Persons who promote the personality, environment, psychic and moral tendencies and characteristics of the failed person should be investigated and those who have taken the guilt with the incidental criminals should be separated from each other and subjected to various processes. According to the new ideas in criminal law, the imprisonment of the perpetrator, the personality of the offender and the act committed must be thoroughly examined and determined in the application of the security and sanction measures. Thus, the procrastination is the last step in the personalization of the punishment. It may be necessary for the criminal to be brought into culpability, that he or she may require execution in this or that way, or it may also require the abdication of his execution. This postponement has been introduced because of the need to ensure smooth return.
Immediate execution of a given conviction of a sentence is required in accordance with the nature of the criminal law. However, in some cases, The prisoner is allowed to postpone the execution of his sentence, provided that his conviction is weighted, his situation in the past and his tendency to commit a crime are taken into account and he has remained well for a certain period of time. Indeed, the immediate execution of a sentence of conviction is very useful, but it may be more useful not to execute the sentence in the presence of the necessary conditions. Here, if the convicted offender of sentence is in good condition, the sentenced person shall be deemed to have been executed in accordance with the accepted system or the sentence shall not be deemed to have existed in principle.
The decision on postponement, which is one of the individualization institutions of the penal institution, is not related with the personality of the offender nor does it require postponement of one or some of the offenders' penalties and postponement of the penalties of the other perpetrators or agents in case of a criminal affiliation.
In order to be able to make a postponement decision in Criminal Law, it is not necessary to have a claim in this matter. The sanction does not have the right not to accept postponement. It is possible for the judge to give the decision of postponement directly. However, whatever it is given, it is imperative that the reason for delay is shown in the dark. Likewise, if the decision of postponement is not given, a justification must be given. There is no waiver authority. It is not necessary that you have to be present in the court in order for the deferment order to be made. However, the fact that the sanction is not present in the session does not constitute an obstacle. The court has the discretion to postpone the sentence in case the circumstances arise.
Postponement is not only an accepted institution in criminal law. Because, for many years, both the application of FIFA and UEFA Discipline instructions in many fields of Sport Law has been found. The aim of the individualization of the sentence in Criminal Law aims to remove the negative effects of the sentence of imprisonment. In Sports Law, it is aimed to remove the negative effects of spore exporting of the members of the sport family in case of deferment and conditions and to protect the competition environment with this spirit of sporting struggle.
The protection of the sporting order depends on the effective implementation of the envisaged sanctions.
With 103 articles of the Football Discipline Order, the postponement institution was also accepted in terms of disciplinary law. When our legislation is taken into consideration, postponement has not been accepted for disciplinary offenses. For this reason, it is necessary to determine the criteria necessary for the implementation of the postponement in disciplinary law.
The Turkish Football Federation, within the framework of the Law No. 5894 on the Establishment and Duties of the Turkish Football Federation, is responsible for carrying out, organizing and developing all kinds of soccer activities according to national and international rules and for the purpose of representing Turkey in football both domestically and abroad, Autonomous "entity with legal personality.
In Article 3 of Law No. 5894, the duties of the Turkish Football Federation are stated. Accordingly, the Turkish Football Federation; To organize and supervise all kinds of football activities in Turkey, to ensure the development of football and spread it over the country, to ensure that the rules set by FIFA and UEFA's competent bodies are applied as required, to prepare national instructions and to represent Turkey in football related issues abroad make. To arrange all kinds of plans, programs and similar for domestic and foreign football activities and to take necessary precautions to ensure successful results. Honesty and sportsmanship principles in accordance with the Fair Play rules and to ensure that members, footballers, judges, managers, coaches and coaches are in good health and that they are in a good position to participate in international competitions. Fighting against violence, handicapping, incentive premium, racism, doping and all kinds of discrimination, ensuring that the players, players' representatives, competition organizers and all other interested persons comply with the Statutes, orders and regulations issued by FIFA, UEFA and TFF and the decisions made by their authorized bodies, In order to develop football; Amateur soccer, sports clubs and federations, and those with disabilities in the soccer field are responsible for providing all kinds of financial and financial aid to sports federations.
In the light of these regulations, the Turkish Football Federation is the only official to manage soccer in Turkey with the authority given by the law.
Law No. 5498 on 3/2. The agent; "The organization, duties and authorities of the Turkish Football Federation, the working procedures and principles of the organization, the other boards and units to be formed, the duties of the headquarters, domestic and foreign organization units and other matters related to the implementation of this Law; In accordance with the FIFA and UEFA rules of the Turkish Football Federation, the Statute of the Turkish Football Federation, which will be made by the General Assembly and published in the Official Gazette, shall be executed by the Board of Directors and unless otherwise agreed, the instructions issued by the Turkish Football Federation on the official website Will be determined ".
The duties and authorities of the organization of the Turkish Football Federation and the regulation of the subjects such as working procedures are left to the instructions of the Statue of the General Assembly and the Board of Directors of the Turkish Football Federation. The Turkish Football Federation's Board of Directors is an authorized body to make legal arrangements regarding Turkish Football.
The Board of Directors is the most authoritative decision-making body of the Turkish Football Federation and its authorities are defined in Article 35 of the Statute of Turkey Football Federation. In the first paragraph of this article, it is stated that the authorities of the board of directors are counted as twenty-eight articles. In the second paragraph, it is stated that the Administrative Board shall determine the duties of the Turkish Football Federation administrative units and in the last paragraph the Turkish Football Federation may arrange and execute the necessary instructions to fulfill its duties. When the article texts are examined in general, it is seen that the Board of Directors is assigned to all powers that can be used by the Turkish Football Federation except for the powers granted to the judicial boards of the General Assembly or the TFF by law.
According to Article 103 of the FDT;
(1) Disciplinary sanctions other than the following may be postponed:
C) deprivation of rights
(2) The implementation of sanction may be postponed for at least one year and not more than five years. In exceptional circumstances, it may be possible to postpone the sanction if the extension of the employee or the person concerned leaves the TFF jurisdiction.
(3) In the course of the postponement, in case of repeated violations, the competent board rules, in principle, to enforce the actual sanction. This sanction is enforced for the second violation.
Provisions relating to deferment are also included in the legal regulations of FIFA and UEFA. 15bis of the UEFA Disciplinary Instruction