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According to the provision, it is not a crime to commit prostitution in person, but to encourage, mediate, provide a place for someone to commit prostitution, etc. In the making of the relevant legal regulation, persons, especially children drawn into prostitution, the issue of under what circumstances the acts committed will constitute a crime was determined, and in doing so, the obligations of our country arising from the international conventions on the fight against prostitution were taken into account.
When the justification of the article is examined, it is seen that these considerations are clearly stated. Acts of preparation for the commission of this crime are also punished as a completed crime. Ensuring a partial or complete livelihood by benefiting from the earnings of a person who is dragged into prostitution is considered an incentive to prostitution.
A person who gives, distributes or distributes products containing images, articles and words prepared for the purpose of facilitating or mediating prostitution shall be punished by imprisonment from one to three years and a judicial fine from two hundred days to two thousand days.
The subject of the crime of prostitution is the body of the victim. If we define prostitution in the form that a person gives permission to another person who does not have an emotional connection to use his body indiscriminately, in exchange for material or spiritual benefit, it will be revealed that the subject of this crime is the human body. Anyone can be the perpetrator of the crime of prostitution. In TC , no specific qualification was sought for anyone who may be the perpetrator of this crime.
For this reason, the crime is not a specific crime from the point of view of the perpetrator. But Article 5. The issue of whether the person engaged in prostitution can be the perpetrator, that is, whether prostitution itself constitutes a crime, has been discussed. Although there are supporters who advocate that prostitution should be considered a crime, this Act does not constitute a crime when it comes to the right of people to use their bodies as they wish, provided that they do not harm others, and it is not considered a crime in our law.