Description

Art. 487: Imprisonment of adulteress.
Art. 488: Imprisonment of adulterer if adultery is committed in the marital home or if he takes a mistress openly and anywhere.
Art. 489: Adultery is not action to be prosecuted unless the husband files a complaint as plaintiff.

PROPOSED AMENDMENTS

Amendment of the text of law in such a way as to ensure equality between man and woman in sanctions provided for in case of adultery.
CURRENT SITUATION
On 7/5/2014, the Parliament adopted the draft law concerning the protection of women and other family members from domestic violence (law n◦ 293 published in the official gazette volume n◦ 21 dated 15/5/2014). In this law, the misdemeanors in violation of family morals were amended (adultery provisions articles 487 to 489)
The amended text reads as follows:
Amended article 487:
Any of the two spouses who commit adultery shall be punished by imprisonment from three months to two years. The same sanction is enforced on the adultery partner if married, otherwise the sanction is imprisonment from one month to one year.
Amended article 488:
Any of the two spouses is sanctioned to imprisonment from one month to one year if he or she takes a mistress/companion openly and anywhere. The same sanction is enforced on the partner.
Amended article 489:
– An adultery act is not to be prosecuted unless there is a complaint by one of the spouses and he/she files the complaint as plaintiff.
– The partner or the intervener shall not be prosecuted unless with the adulterer/adulteress.
– A complaint from a spouse who was consenting to the adultery shall be rejected.
– A complaint is rejected if three months elapse from the day the misdemeanor is known to the plaintiff.
– Dropping a right by the husband or the wife shall drop the common law action and personal actions against other criminals.
– If the plaintiff agrees to resume common life the complaint is dropped.
7.a. Whoever beats or harms his spouse in order to get his marital right of intercourse or as a result of it, is sanctioned to one of the sanctions stipulated for in articles 554 to 559 of the Penal law.
In case of recurrent beating or harm the sanction becomes more severe in line with the provisions of article 257 of the Penal law.
If the plaintiff drops his right, the common law actions that are subject to articles 554 and 555 of the Penal law are dropped. However, the provisions governing recurrent cases and repeated criminal act remain applicable if the conditions required for them are met.
3.b. Whoever threatens his spouse in order to get his marital right of intercourse or as a result of it is sanctioned to one of the sanctions stipulated for in articles 573 to 578 of the Penal law.
In case of recurrent threat the sanction becomes more severe in line with the provisions of article 257 of the Penal law.
If the plaintiff drops his right, the common law actions that are subject to articles 577 and 578 of the Penal law are dropped. However, the provisions governing recurrent cases and repeated criminal act remain applicable if the conditions required for them are met.

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