(1) In a particular case, the judge shall determine the basic penalty, between the minimum and maximum limits of the offence as defined by law, by considering the following factors:

a) the manner in which the offence was committed;

b) the means used to commit it;

c) the time and place where the offence was committed;

d) the importance and value of the subject of the offence;

e) the gravity of the damage or danger;

f) the degree of fault relating to the intent or recklessness;

g) The object and motives of the offender.

(2) Deductions or increases in the penalty for offences committed with probable intent or conscious recklessness, shall be calculated after the penalty has been determined according to the provisions of paragraph one.

(3) Where any of the factors listed in paragraph one constitute an element of the offence, the same factor may not be additionally considered in determining of the basic penalty.

(4) Where a qualified version of an offence creates more than one legal consequence which requires a penalty higher or lower than the basic version of that offence, the basic penalty is first increased then reduced.

(5) The penalty according to the above paragraphs will be finally determined by taking the following into consideration and in this order: attempt; jointly-committed offences; successive offences; unjust provocation; minor status; mental disorder, personal circumstances requiring a reduction of the penalty and discretionary mitigation.

(6) The period of imprisonment shall be determined in terms of days, months and years. One day is twenty-four hours, and one month is thirty days. A year is calculated according to the official calendar. Remaining fractions (i.e. fractions of a day in the case of a fixed-term penalty, and fractions of one Turkish lira in the case of a judicial fine) shall not be taken into consideration and shall not be enforced.

(7) (Added on 29 June 2005 – By Article 7 of the Law no. 5377) The final penalty determined under this article for an offence that requires a specific of imprisonment, shall not exceed thirty years.

(8) (Added on 29 June 2005 – By Article 7 of the Law no. 5377) When calculating a judicial fine any increase or decrease in relation to the identification or the individualization of the penalty in accordance with the provisions of this article shall be determined on the basis of days. The fine is calculated by multiplying the designated final number of days by the amount established that the individual can pay per day.

(9) (Added on 6 December 2006 – By Article 1 of the Law no. 5560) In respect of an offence where a judicial fine may be imposed as an alternative penalty, the minimum days related to such penalty shall not be less then the minimum penalty of imprisonment for such offences and the maximum limit of such shall not exceed the maximum penalty of imprisonment for such an offence.

(10) Unless explicitly written in the law, penalties cannot be increased, decreased or converted.