6. Alternative Penalties to Imprisonment

  • Old Criminal Code: Highly prison-oriented.

  • New Criminal Code: Promoting alternatives to imprisonment to reduce negative impacts and overcrowding. Introduced supervisory penalties and social work sentence (Articles 65-75) which can be imposed as a substitute for short-term imprisonment or fines.

C. Expansion of Subjects and Objects of Criminal Acts

7. Corporate Criminal Liability

  • Old Criminal Code: Does not explicitly regulate criminal liability for corporations.

  • New Criminal Code: Regulates comprehensively in Articles 45-50. Corporations are recognized as subjects of criminal law who can commit criminal acts and be held accountable. Sanctions that can be imposed include principal penalties in the form of fines and additional penalties such as revocation of permits, confiscation of assets, to dissolution.

  • Old Criminal Code: Does not regulate cyber offenses because it was drafted in the pre-digital era.

  • New Criminal Code: Codifies several cybercrimes in the Chapter on Criminal Acts against Electronic Systems. Although the ITE Law still applies as lex specialis, the new Criminal Code strengthens the general legal framework for crimes such as illegal access, interception, and data interference.

9. Criminal Acts Against the Environment and Animals

  • Old Criminal Code: Protection of the environment and animals is very limited.

  • New Criminal Code: Dedicating a special chapter to Environmental Crimes (e.g. environmental pollution) and Crimes Against Animals (e.g. animal abuse), which reflects increasing ecological awareness.

10. Indecent Acts (with important notes)

  • Old Criminal Code: Regulates adultery (overspel) which is limited to relationships between people who are married to other people.

  • New Criminal Code: Extends the scope.

    • Adultery (Article 411): Includes sexual intercourse by a person who is married to someone who is not their husband/wife.

    • Cohabitation (Article 412): Regulates sexual intercourse between men and women who are not married (living together as husband and wife).

    • IMPORTANT: Both of these articles are absolute complaint offenses. This means that legal proceedings can only be initiated if there is a complaint from the husband/wife for those who are married, or parents/children for those who are not married. This limits state intervention in the private sphere.

11. Insulting Public Authority and the President (Complaint Offense)

  • Old Criminal Code: The article on insulting the president was once annulled by the Constitutional Court because it was considered to threaten freedom of opinion.

  • New Criminal Code: Reviving this offense in Article 218 (Insulting the President/Vice President), but with a fundamental change: this article is a complaint offense. The complaint must be made in writing by the President or Vice President themselves. Criticism or differing opinions are not included in the qualification of insult.

D. Harmonization and Special Regulations

12. Regulation of Special Criminal Acts (Corruption, Terrorism, Narcotics)

  • Old Criminal Code: These criminal acts are not regulated and are completely outside the Criminal Code.

  • New Criminal Code: Including special chapters regarding these criminal acts. The aim is as consolidation and harmonization in one codification. However, based on the transitional provisions, the existing special laws (Corruption Law, Terrorism Law, Narcotics Law) remain in effect as lex specialis, especially for procedural law and more specific elements.

13. Restorative Justice and Handling of Children

  • Old Criminal Code: Does not recognize the concept of diversion or restorative justice formally.

  • New Criminal Code: Formally integrating the principle of restorative justice, especially in handling Children in Conflict with the Law. Articles 112-117 prioritizing diversion (settlement outside the criminal justice system) and actions (non-criminal) that are rehabilitative and educative. The age limit for criminal responsibility is 12 years.