Turkish Criminal Code

FIRST BOOK General Provisions

PART ONE Basic Principles, Definitions and Scope of Application

CHAPTER ONE

Purpose of the Criminal Code

Article 1- (1) The purpose of the Penal Code is to protect individual rights and freedoms, public order and security, the rule of law, public health and the environment, and social peace, and to prevent crimes. The basic principles of criminal liability and types of crimes, penalties and security measures are regulated in the law in order to achieve this purpose.

The principle of legality in crime and punishment

Article 2 – (1) No one can be punished or a security measure can be applied for an act that is not clearly considered a crime by law. No other penalty or security measure can be imposed other than the penalties and security measures stated in the law.

(2) Crimes and penalties cannot be imposed through the regulatory procedures of the administration.

(3) No comparison can be made in the application of the provisions of the law that include crimes and penalties. Provisions that include crimes and penalties cannot be interpreted broadly in a way that would lead to comparison.

The principle of justice and equality before the law

Article 3 – (1) The person who commits a crime is sentenced to a penalty and security measure proportional to the gravity of the act committed.

(2) In the application of the Penal Code, no discrimination can be made among individuals based on race, language, religion, sect, nationality, colour, gender, political or other ideas or thoughts, philosophical beliefs, national or social origin, birth, economic and other social positions, and no privilege can be granted to anyone.

Binding force of the law

Article 4 – (1) Ignorance of the penal laws is not considered an excuse.

(2) (Repealed: 29/6/2005 – 5377/1 art.)

Relationship with special laws

Article 5 – (1) The general provisions of this Law shall also apply to crimes in special penal laws and laws containing penalties.

Definitions

Article 6 – (1) In the implementation of criminal laws;

1. a) Citizen means a person who is a Turkish citizen at the time of committing the act,
2. b) The term child means a person who has not yet reached the age of eighteen,
3. c) Public official means a person who participates in the execution of public activities through appointment or election or in any other way, on a permanent, temporary or temporary basis.
4. d) Those who perform judicial duties include members and judges of high courts, judicial and administrative courts, public prosecutors and lawyers.
5. e) The term night time refers to the period of time that begins one hour after sunset and continues until one hour before sunrise.
6. f) The term weapon;
7. Firearms,
8. Explosive materials,
9. Any cutting, piercing or bruising tool made for use in attack and defense,
10. Other things that can be used in actual attack and defense, even if they are not made for attack or defense purposes.
11. Nuclear, radioactive, chemical, biological substances that are caustic, corrosive, injurious, suffocating, poisonous, and cause permanent diseases,
12. g) By means of press and publication; publications made through all kinds of written, visual, audio and electronic mass communication means,
13. h) Habitual criminal means a person who commits the basic form of an intentional crime or its qualified forms requiring more severe or lesser punishment more than twice within a year and at different times,
14. i) The term “person who has adopted crime as a profession” refers to a person who is accustomed to making a living, even partially, from the income obtained from crime.
15. j) The term criminal who is a member of an organization means a person who establishes, manages, joins a criminal organization or commits a crime on behalf of the organization, either alone or together with others.

understandable.

CHAPTER TWO

Scope of Application of the Law

Application in terms of time

Article 7 – (1) No one can be punished or a security measure can be applied to an act that was not considered a crime according to the law in force at the time it was committed. No one can be punished or a security measure can be applied to an act that was not considered a crime according to the law that came into force after it was committed. If such a penalty or security measure is imposed, its execution and legal consequences are automatically lifted.

(2) If the provisions of the law in force at the time the crime was committed differ from the laws that came into force later, the law in favour of the perpetrator shall be applied and executed.

(3) (Amended: 29/6/2005 – 5377/2 art.) Provisions regarding the execution regime, except those related to the suspension of imprisonment, conditional release and recidivism, shall be implemented immediately.

(4) Temporary or temporary laws continue to be applied to crimes committed during their period of force.

Application in terms of location

Article 8 – (1) Turkish laws shall apply to crimes committed in Turkey. If the act is partially or completely committed in Turkey or the result occurs in Turkey, the crime is deemed to have been committed in Turkey.

(2) Crime;

1. a) In Turkish land and air spaces and Turkish territorial waters,
2. b) In the open seas and the airspace above them, in Turkish sea and air vehicles or with these vehicles,
3. c) In Turkish sea and air combat vehicles or with these vehicles,
4. d) On or against fixed platforms established on Türkiye’s continental shelf or exclusive economic zone,

When processed, it is deemed to have been processed in Türkiye.

Sentencing in a foreign country

Article 9 – (1) A person who has been convicted in a foreign country for a crime committed in Turkey shall be retried in Turkey.

Duty crimes

Article 10 – (1) A person who has undertaken an official duty or duty in Turkey in a foreign country and who commits a crime because of this act shall be tried again in Turkey, even if a conviction has been given in the foreign country regarding this act.

Crime committed by a citizen

Article 11 – (1) If a Turkish citizen commits a crime in a foreign country that requires a sentence of imprisonment of not less than one year according to Turkish law, except for the crimes listed in Article 13, and he is found in Turkey, he shall be punished according to Turkish law, provided that no conviction has been given for this crime in the foreign country and that he can be prosecuted in Turkey.

(2) If the crime requires a sentence of imprisonment of less than one year, the trial depends on the complaint of the injured party or the foreign government. In this case, the complaint must be made within six months from the date of entry of the citizen into Türkiye.

Crime committed by a foreigner

Article 12- (1) If a foreigner commits a crime in a foreign country to the detriment of Turkey, other than the crimes listed in Article 13, which requires a minimum sentence of one year imprisonment according to Turkish law, and he is in Turkey, he shall be punished according to Turkish law. The trial is subject to the request of the Minister of Justice.

(2) If the crime specified in the above paragraph is committed to the detriment of a Turkish citizen or a private legal entity established in accordance with Turkish law and the perpetrator is located in Türkiye, the perpetrator shall be punished in accordance with Turkish law upon the complaint of the person harmed by the crime, provided that no judgment has been given for this crime in a foreign country.

(3) If the victim is a foreigner, the perpetrator shall be tried upon the request of the Minister of Justice if the following conditions are met:

1. a) The crime requires a prison sentence of not less than three years according to Turkish law.
2. b) There is no agreement on the extradition of the criminals or the request for extradition has not been accepted by the government of the country where the crime was committed or the state of which the perpetrator is a citizen.

(4) A retrial shall be held in Türkiye upon the request of the Minister of Justice regarding a foreigner who has been convicted by a foreign court for a crime falling within the scope of the first paragraph, or whose case or sentence has been dropped for any reason, or who has been acquitted, or whose crime has ceased to be prosecutable.

(5) (Added: 18/6/2014-6545/56 art.) In cases falling within the scope of the first paragraph, the trial for the crimes of bribery and influence peddling is not subject to the request of the Minister of Justice.

Other crimes

Article 13 – (1) If the following crimes are committed in a foreign country by a citizen or a foreigner, Turkish laws shall apply:

1. a) Crimes listed under Book Two, Part One.
2. b) The crimes contained in the Third, Fourth, Fifth, Sixth, Seventh and Eighth Chapters under Book Two, Part Four.
3. c) Torture (articles 94, 95).
4. d) Deliberate pollution of the environment (article 181).
5. e) Manufacturing and trafficking in narcotic or stimulant substances (Article 188), facilitating the use of narcotic or stimulant substances (Article 190).
6. f) Counterfeiting of money (Article 197), production and trade of instruments used to manufacture money and valuable stamps (Article 200), counterfeiting of seals (Article 202).
7. g) Prostitution (article 227).
8. h) (Repealed: 26/6/2009 – 5918/1 art.)
9. i) Crimes of hijacking or detaining sea, rail or air transportation vehicles (article 223, paragraphs 2, 3) or causing damage to these vehicles (article 152).

(2) (Additional second paragraph: 29/6/2005 – 5377/3 art.) Except for those included in the Third, Fourth, Fifth, Sixth and Seventh Chapters under the Fourth Part of Book Two; the trial in Turkey for the crimes falling within the scope of the first paragraph is subject to the request of the Minister of Justice.

(3) Even if a conviction or acquittal decision is given in a foreign country due to the crimes listed in subparagraphs (a) and (b) of the first paragraph, a trial shall be held in Türkiye upon the request of the Minister of Justice.

Investigation into selective penalties

Article 14 – (1) In the cases specified in Articles 11 and 12, if the application of either a prison sentence or a judicial fine is deemed optional in the article of law regarding the crime under investigation, no investigation or prosecution shall be initiated.

Calculation of the penalty which is a condition of investigation

Article 15 – (1) In cases where the amount constitutes a condition for investigation, the penalty is calculated by taking into account the lower limit of the legal aggravating factors and the upper limit of the legal mitigating factors put forward during the investigation phase.

Deduction from penalty

Article 16 – (1) The time spent in custody, under observation, detention or conviction in a foreign country for a crime, regardless of where it was committed, shall be deducted from the sentence to be given in Turkey for the same crime.

Deprivation of rights

Article 17 – (1) In the cases explained in the above articles, if the judgment given by foreign courts and not contrary to the Turkish legal order requires deprivation of a right according to Turkish law, the court decides that the consequences of Turkish law shall be valid upon the request of the public prosecutor.

Give back

Article 18- (Repealed: 23/4/2016-6706/36 art.)

Consideration of foreign law

Article 19 – (1) When a trial is held in Turkey for crimes committed outside the Turkish sovereignty, the penalty to be given according to Turkish law cannot exceed the upper limit of the penalty stipulated in the law of the country where the crime was committed.

(2) However, the crime;

1. a) Against or to the detriment of Türkiye’s security,
2. b) Against a Turkish citizen or to the detriment of a private legal entity established in accordance with Turkish law,

In case of processing, the provision of the above paragraph shall not apply.

PART TWO

Principles of Criminal Liability

CHAPTER ONE

Individuality of Criminal Liability, Intention and Negligence

Individuality of criminal liability

Article 20 – (1) Criminal liability is personal. No one can be held responsible for the acts of another person.

(2) No criminal sanctions can be imposed on legal entities. However, the sanctions in the nature of security measures stipulated in the law due to crimes are reserved.

Caste

Article 21- (1) The occurrence of a crime depends on the existence of intent. Intent is the knowing and willing realization of the elements in the legal definition of the crime.

(2) If the person commits the act despite foreseeing that the elements in the legal definition of the crime may occur, there is probable intent. In this case, the sentence is life imprisonment for crimes that carry aggravated life imprisonment, and the sentence is imprisonment from twenty to twenty-five years for crimes that carry a life imprisonment; in other crimes, the basic sentence is reduced by one third to one half.

Taxesir

Article 22 – (1) Acts committed through negligence are punished in cases clearly stated by law.

(2) Negligence is the performance of an act without foreseeing the consequences specified in the legal definition of the crime, due to the breach of the duty of care and diligence.

(3) If the person does not want the result he foresaw, but the result occurs, there is conscious negligence; in this case, the penalty for the crime of negligence is increased from one third to half.

(4) The penalty for a crime committed by negligence is determined according to the fault of the perpetrator.

(5) In crimes committed by more than one person through negligence, each person is responsible for his/her own fault. The penalty for each perpetrator is determined separately according to his/her fault.

(6) If the result of the negligent act has caused the perpetrator to suffer to such an extent that imposing a penalty is no longer necessary, particularly in terms of his personal and family situation, no penalty will be imposed; in the case of conscious negligence, the penalty may be reduced by half to one sixth.

Aggravated crime due to consequence

Article 23 – (1) If an act causes a more severe or different result than the one intended, in order for a person to be held responsible for this, he must have acted at least with negligence in terms of this result.

CHAPTER TWO

Reasons that eliminate or reduce criminal liability

The rule of law and the order of the superior

Article 24 – (1) No penalty shall be imposed on anyone who complies with the provisions of the law.

(2) A person who carries out an order given by a competent authority and whose execution is mandatory as a matter of duty shall not be held responsible.

(3) An order that constitutes a crime cannot be carried out under any circumstances. Otherwise, the person who carries out the order and the person who gave the order will be held responsible.

(4) In cases where the law prevents the control of the legality of the order, the person giving the order shall be responsible for its execution.

Legitimate defense and state of necessity

Article 25 – (1) No punishment shall be imposed on the perpetrator for acts committed with the necessity of repelling an unjust attack, which has occurred, is certain to occur or is likely to occur again, in a manner proportionate to the attack and in accordance with the circumstances and conditions at that moment, against his own rights or those of others.

(2) No penalty shall be imposed on the perpetrator for acts committed in order to save himself or another person from a serious and definite danger which he did not cause knowingly and from which there is no other way of protection, or to save another person, provided that there is proportion between the seriousness of the danger and the subject and the means used.

Use of the right and consent of the person concerned

Article 26 – (1) No penalty shall be imposed on anyone who exercises his right.

(2) No one shall be punished for an act committed within the framework of the consent expressed by the person, which is related to a right over which the person has absolute power of disposition.

Crossing the border

Article 27 – (1) If the limit is exceeded without intent in the reasons that eliminate criminal liability, and if the act is also punished when committed by negligence, the penalty prescribed in the law for the crime of negligence is reduced by one-sixth to one-third.

(2) If the act of exceeding the limits of legitimate defence is due to excusable excitement, fear or anxiety, the perpetrator will not be punished.

Force and violence, intimidation and threats

Article 28 – (1) A person who commits a crime as a result of force and violence from which he cannot resist or escape, or as a result of a definite and serious intimidation or threat, shall not be punished. In such cases, the person who uses force and violence, intimidation or threat shall be deemed the perpetrator of the crime.

Unjust provocation

Article 29 – (1) A person who commits a crime under the influence of anger or severe pain caused by an unjust act shall be sentenced to imprisonment from eighteen to twenty-four years instead of aggravated life imprisonment, and to imprisonment from twelve to eighteen years instead of life imprisonment. In other cases, the sentence to be given shall be reduced by one-fourth to three-fourths.

Mistake

Article 30 – (1) A person who is unaware of the material elements in the legal definition of the crime at the time of the execution of the act is not considered to have acted intentionally. The case of liability for negligence is reserved for this mistake.

(2) A person who makes a mistake about whether a crime has a more severe or lesser penalty shall benefit from this mistake.

(3) A person who makes an inevitable mistake regarding the conditions that eliminate or reduce criminal liability, benefits from this mistake.

(4) (Additional paragraph: 29/6/2005 – 5377/4 art.) A person who makes an inevitable mistake regarding the injustice of the act he has committed shall not be punished.

Minor age

Article 31 – (1) Children who have not reached the age of twelve at the time of committing the act are not criminally responsible. No criminal prosecution can be initiated against these persons; however, security measures specific to children may be applied.

(2) (Amended: 29/6/2005 – 5377/5 art.) Those who are twelve years of age or older but not fifteen years of age at the time of committing the act are not criminally responsible if they are unable to perceive the legal meaning and consequences of the act they have committed or if their ability to direct their behavior is not sufficiently developed. However, security measures specific to children are imposed on these persons. If they have the ability to perceive the legal meaning and consequences of the act they have committed and to direct their behavior in relation to this act, if the crime requires aggravated life imprisonment, they are sentenced to twelve to fifteen years of imprisonment; if it requires life imprisonment, they are sentenced to nine to eleven years of imprisonment. Other sentences are reduced by half and in this case, the prison sentence for each act cannot exceed seven years.

(3) (Amended: 29/6/2005 – 5377/5 art.) If the crime requires aggravated life imprisonment for persons who are over fifteen but under eighteen at the time of committing the act, they shall be sentenced to imprisonment from eighteen to twenty-four years; if it requires life imprisonment, they shall be sentenced to imprisonment from twelve to fifteen years. Other sentences shall be reduced by one third and in such a case, the sentence to be given for each act shall not exceed twelve years.

Mental illness

Article 32 – (1) A person who is unable to perceive the legal meaning and consequences of the act he has committed, or whose ability to direct his behavior in relation to this act has been significantly reduced, due to mental illness, shall not be punished. However, security measures shall be imposed on such persons.

(2) A person whose ability to direct his/her behavior has been impaired in relation to the act committed, although not to the degree specified in the first paragraph, shall be sentenced to twenty-five years’ imprisonment instead of aggravated life imprisonment, and to twenty years’ imprisonment instead of life imprisonment. In other cases, the sentence may be reduced by not more than one-sixth. The sentence may also be applied, partially or completely, as a security measure specific to mentally ill patients, provided that its duration remains the same.

Deaf and dumb

Article 33 – (1) The provisions of this Law regarding children who have not yet reached the age of twelve at the time of the act shall also apply to deaf and dumb individuals who have not reached the age of fifteen; the provisions regarding those who have reached the age of twelve but not yet reached the age of fifteen shall also apply to deaf and dumb individuals who have reached the age of fifteen but not yet reached the age of eighteen; the provisions regarding those who have reached the age of fifteen but not yet reached the age of eighteen shall also apply to deaf and dumb individuals who have reached the age of eighteen but not yet reached the age of twenty-one.

Temporary reasons, being under the influence of alcohol or drugs

Article 34 – (1) A person who is unable to perceive the legal meaning and consequences of the act he has committed, or whose ability to direct his behavior in relation to this act has been significantly reduced, due to a temporary reason or the influence of alcohol or drugs taken involuntarily, shall not be punished.

(2) The provision of the first paragraph shall not apply to a person who commits a crime under the influence of alcohol or drugs taken voluntarily.

CHAPTER THREE

Attempted Crime

Attempted crime

Article 35 – (1) If a person starts to commit a crime that he intends to commit with suitable actions but cannot complete it due to reasons beyond his control, he is held responsible for the attempt.

(2) In the case of attempted crime, the perpetrator shall be sentenced to imprisonment from fourteen to twenty-one years instead of aggravated life imprisonment, or to imprisonment from ten to eighteen years instead of life imprisonment, depending on the severity of the damage or danger caused. In other cases, the sentence shall be reduced by one-quarter to three-quarters.

Voluntary renunciation

Article 36 – (1) If the perpetrator voluntarily gives up the acts of committing the crime or prevents the completion of the crime or the realization of the result by his own efforts, he shall not be punished for the attempt; however, if the completed part constitutes a crime in essence, he shall be punished only with the penalty pertaining to that crime.

CHAPTER FOUR

Participation in Crime

Perpetration

Article 37 – (1) Each of the persons who jointly commit the act included in the legal definition of the crime shall be responsible as the perpetrator.

(2) A person who uses another person as a tool in committing a crime is also held responsible as the perpetrator. The penalty for a person who uses a person who is not capable of fault as a tool in committing a crime is increased from one third to one half.

Instigation

Article 38 – (1) A person who instigates another person to commit a crime shall be punished according to the penalty for the crime committed.

(2) In the case of instigation of a crime by using influence arising from ascendants and descendants, the penalty for the instigator shall be increased from one-third to one-half. In the case of instigation of children to commit a crime, the existence of an ascendants and descendants relationship is not required for the penalty to be increased according to the provision of this paragraph.

(3) If the instigator is not known, the perpetrator or other accomplice who enables the identity to be revealed may be sentenced to a prison sentence of twenty to twenty-five years instead of aggravated life imprisonment, or to a prison sentence of fifteen to twenty years instead of life imprisonment. In other cases, the sentence may be reduced by one-third.

Don’t help

Article 39 – (1) If the crime requires aggravated life imprisonment, the person who assists in the commission of the crime shall be sentenced to imprisonment from fifteen to twenty years; if the crime requires life imprisonment, he shall be sentenced to imprisonment from ten to fifteen years. In other cases, the sentence shall be reduced by half. However, in such a case, the sentence shall not exceed eight years.

(2) A person is liable as an aider for a crime committed in the following cases:

1. a) Encouraging someone to commit a crime or strengthening their decision to commit a crime or promising to provide assistance after the act is committed.
2. b) To provide guidance on how to commit a crime or to provide the tools used in committing the act.
3. c) Facilitating the commission of a crime by providing assistance before or during its commission.

Rule of commitment

Article 40 – (1) An act committed intentionally and against the law is sufficient for complicity in a crime. Every person who participates in the commission of a crime shall be punished according to his own faulty act, without taking into account the personal reasons that prevent the punishment of the other.

(2) In specific crimes, only the person who qualifies as a specific perpetrator can be the perpetrator. Other persons who participate in the commission of these crimes are held responsible as instigators or aiders.

(3) In order to be held responsible for participation in a crime, the relevant crime must have reached at least the attempted stage.

Voluntary renunciation in crimes committed in participation

Article 41 – (1) In crimes committed as a party, only the accomplice who gives up voluntarily can benefit from the provisions of voluntary giving up.

(2) The crime;

1. a) It has not been committed for any reason other than the effort shown by the person who voluntarily gives up,
2. b) It was committed despite all efforts of the person who gave up voluntarily,

In such cases, the provisions for voluntary renunciation apply.

CHAPTER FIVE

Consolidation of Crimes

Compound crime

Article 42 – (1) A crime that is considered a single act because one of them constitutes an element or aggravating factor of the other is called a compound crime. The provisions of aggregation do not apply to such crimes.

Chain crime

Article 43 – (1) If the same crime is committed more than once against a person at different times within the scope of the execution of a decision to commit a crime, a penalty shall be imposed. However, this penalty shall be increased by one-fourth to three-fourths. The basic form of a crime and its qualified forms that require a heavier or lesser penalty shall be considered the same crime. (Additional sentence: 29/6/2005 – 5377/6 art.) The provision of this paragraph shall also apply to crimes where the victim is not a certain person.

(2) If the same crime is committed against more than one person with a single act, the provision of the first paragraph shall apply.

(3) The provisions of this article shall not apply to the crimes of deliberate murder, deliberate wounding, torture and plunder.

Intellectual contention

Article 44 – (1) A person who causes more than one crime to occur with an act committed shall be punished for the crime that requires the most severe penalty.

PART THREE

Sanctions

CHAPTER ONE

Penalties

Penalties

Article 45 – (1) The penalties imposed as sanctions for crimes are imprisonment and judicial fines.

Prison sentences

Article 46- (1) The prison sentences are as follows:

1. a) Aggravated life imprisonment.
2. b) Life imprisonment.
3. c) A term of imprisonment.

Aggravated life imprisonment

Article 47 – (1) Aggravated life imprisonment continues throughout the life of the convict and is served in accordance with the strict security regime specified in the law and the regulation issued by the President.

Life sentence

Article 48 – (1) Life imprisonment continues throughout the life of the convict.

Temporary imprisonment

Article 49 – (1) A term of imprisonment cannot be less than one month or more than twenty years, unless otherwise specified in the law.

(2) A sentence of imprisonment of one year or less is a short-term sentence.

Alternative sanctions to short-term imprisonment

Article 50 – (1) Short-term imprisonment is determined according to the personality of the offender, his social and economic situation, his remorse during the trial process and the characteristics of the crime committed;

1. a) Judicial fine,
2. b) The damage suffered by the victim or the public must be completely remedied by returning the damage to the victim or the public, by restoring the damage to the state it was in before the crime, or by compensation.
3. c) To attend an educational institution that also provides accommodation when necessary, for a minimum of two years, in order to acquire a profession or art.
4. d) To be banned from going to certain places or performing certain activities for a period from half to one time the sentenced sentence,
5. e) If a crime is committed by abusing the rights and powers provided or by acting contrary to the required care and diligence obligations; the relevant driver’s license and registration documents are withdrawn, and the person is banned from practicing a certain profession or art for a period of half to one times the sentenced sentence.
6. f) To be employed in a public service job for a period from half to one time of the sentence and on condition that it is voluntary,

translatable.

(2) In cases where imprisonment and a judicial fine are provided as options in the definition of crime, if a prison sentence is imposed, this sentence shall no longer be converted into a judicial fine.

(3) Provided that the offender has not been sentenced to imprisonment before, a sentence of thirty days or less, or a sentence of one year or less for those who were under eighteen years of age or over sixty-five years of age at the time of the offence, shall be converted to one of the alternative sanctions listed in the first paragraph.

(4) Even if the prison sentence imposed for crimes of negligence is long, this sentence may be converted into a judicial fine in accordance with subparagraph (a) of the first paragraph, if other conditions are met. However, this provision shall not apply in the case of conscious negligence.

(5) In practice, the main conviction is the judicial fine or measure commuted in accordance with the provisions of this article.

(6) If the requirements of the alternative measure are not started within thirty days after the verdict becomes final, despite the notification made by the public prosecutor, or if started but not continued, the enforcement judge shall decide on the full or partial execution of the short-term prison sentence and this decision shall be executed immediately. In this case, the provision of the fifth paragraph shall not apply.

(7) If the alternative measure cannot be implemented due to reasons beyond the convict’s control, the measure is changed by the execution judge.8

Suspension of prison sentence

Article 51 – (1) A person sentenced to imprisonment for two years or less due to a crime committed may have his/her sentence postponed. The upper limit of this period is three years for persons who were under eighteen years of age or over sixty-five years of age at the time of the act. However, in order for a postponement decision to be made, the person;

1. a) Not having been previously sentenced to imprisonment for more than three months for a deliberate crime,
2. b) The court is convinced that the person will not commit the crime again due to the remorse he/she has shown during the trial after committing the crime,

should.

(2) The suspension of the sentence may be made subject to the condition that the damage suffered by the victim or the public is completely remedied by restitution, restoration to the state before the crime, or compensation. In this case, the sentence shall continue to be served in the execution institution until the condition is met. If the condition is met, the convict shall be immediately released from the execution institution by the decision of the execution judge.

(3) A period of supervision of not less than one year and not more than three years is determined for the convict whose sentence has been suspended. The lower limit of this period cannot be less than the period of sentence.

(4) During the audit period;

1. a) A convict who does not have a profession or art is allowed to continue an education program for this purpose,
2. b) A convict who is a professional or art professional is allowed to work in a public institution or privately under the supervision of someone else who is practicing the same profession or art in return for a wage.
3. c) Inmates under the age of eighteen are allowed to attend an educational institution that also provides accommodation, if necessary, in order to enable them to acquire a profession or art.

may be decided by the court.

(5) The court may assign an expert to guide the convict during the supervision period. This person advises the convict to get rid of bad habits and to live a good life with a sense of responsibility; meets with the authorities of the institution where he/she is educated or the people he/she works with and consults; prepares a report on the convict’s behavior, social adaptation and development in his/her sense of responsibility every three months and submits it to the execution judge.9

(6) The court may decide to spend the probation period without determining any obligations or appointing an expert, taking into account the personality and social situation of the convict.

(7) If the convict commits a deliberate crime during the probation period or insists on not complying with the obligations imposed on him, despite the warning of the execution judge, the execution judge decides that the suspended sentence be served partially or completely in the execution institution.

(8) If the probation period is completed in compliance with the obligations or in good conduct, the penalty is deemed to have been served.

Judicial fine

Article 52 – (1) A judicial fine consists of the payment to the State Treasury by the convict of an amount calculated by multiplying the exact number of days, which shall not be less than five days and not more than seven hundred and thirty days in cases where there is no provision to the contrary in the law, by the amount determined as the equivalent of one day.

(2) The amount of the judicial fine, which is at least one hundred and at most five hundred Turkish Lira for one day, is determined by taking into account the economic and other personal circumstances of the person.

(3) In the decision, the exact number of days taken as basis in determining the judicial fine and the amount estimated as the equivalent of one day are shown separately.

(4) The judge may, taking into account the person’s economic and personal circumstances, grant a grace period of not more than one year from the date of finalization of the judgment to pay the judicial fine, or may decide that the fine be paid in certain installments. The installment period cannot exceed two years and the amount of the installments cannot be less than four. The decision shall state that if one of the installments is not paid on time, the remaining portion will be collected in full and the unpaid judicial fine will be converted into imprisonment.

CHAPTER TWO

Security Precautions

Deprivation of the exercise of certain rights

Article 53 – (1) As a legal consequence of being sentenced to imprisonment for a crime committed intentionally, a person;

1. a) Undertaking a permanent, temporary or temporary public duty; within this scope, being a member of the Turkish Grand National Assembly or being employed in all civil service positions and services subject to appointment or election, provided by the State, province, municipality, village or institutions and organizations under their control and supervision,
2. b) The right to vote and be elected (…)13,
3. c) From the right of custody; from performing a service related to guardianship or trusteeship,
4. d) Being a manager or auditor of foundations, associations, unions, companies, cooperatives and political party legal entities,
5. e) Practising a profession or art subject to the permission of a public institution or a professional organization with the status of a public institution, as a freelancer or merchant, under his own responsibility,

is deprived.

(2) The person cannot use these rights until the completion of the prison sentence to which he was sentenced for the crime he committed.

(3) The provisions of the above paragraphs shall not apply to the guardianship, tutelage and trusteeship powers of a convict whose prison sentence has been suspended or whose sentence has been executed by applying a measure of supervised release or who has been conditionally released, over his/her descendants. A decision may be made not to apply the deprivation of rights referred to in subparagraph (e) of the first paragraph to a convict whose prison sentence has been suspended or whose sentence has been executed by applying a measure of supervised release or who has been conditionally released.

(4) The provision of the first paragraph shall not apply to persons whose short-term prison sentence has been suspended or who have not yet reached the age of eighteen at the time of the offence.

(5) In case of a sentence of imprisonment due to crimes committed by abusing one of the rights and powers listed in the first paragraph, in addition, a decision shall be made to prohibit the use of this right and power for a period from half to one time of the sentence imposed, to be committed after the execution of the sentence. In case of a sentence of only a judicial fine due to crimes committed by abusing one of these rights and powers, a decision shall be made to prohibit the use of this right and power for a period from half to one time of the number of days specified in the judgment. The period related to the prohibition imposed upon the finalization of the judgment shall start to run from the full execution of the judicial fine.

(6) In case of conviction for a negligent offence committed due to the breach of the duty of care and diligence required by a certain profession or art or traffic regulations, a decision may be made to ban the practice of that profession or art for a period of not less than three months and not more than three years, or to revoke the driver’s licence. The prohibition and revocation shall enter into force when the judgment becomes final, and the period shall begin to run from the full execution of the sentence.

Confiscation of goods

Article 54 – (1) Property used in committing a deliberate crime or allocated to committing a crime or resulting from a crime shall be confiscated, provided that it does not belong to bona fide third parties. Property prepared for use in committing a crime shall be confiscated if it poses a danger to public safety, public health or general morality. (Additional sentence: 24/11/2016-6763/11 art.) In cases where there is a limited real right established in favor of bona fide third parties on the goods, the confiscation decision is given on condition that this right is reserved.

(2) If the goods falling within the scope of the first paragraph are eliminated, disposed of, consumed or their confiscation is otherwise rendered impossible, a decision is made to confiscate an amount of money equal to the value of these goods.

(3) If it is understood that confiscating the goods used in the crime would have more serious consequences than the crime committed and would therefore be contrary to justice, the order for confiscation may not be made.

(4) Goods whose production, possession, use, transportation, purchase or sale constitutes a crime shall be confiscated.

(5) If only some parts of a thing need to be confiscated, and it is possible to separate this part without damaging the whole thing, only this part shall be confiscated.

(6) In the case of property in which more than one person has a share, only the share of the person who participated in the crime shall be confiscated.

Confiscation of earnings

Article 55 – (1) The material benefits obtained by committing the crime or constituting the subject of the crime or provided for the commission of the crime and the economic gains resulting from their evaluation or conversion shall be confiscated. In order for a confiscation decision to be made in accordance with the provision of this paragraph, the material benefit must not be returned to the victim of the crime.

(2) In cases where the goods or material interests subject to confiscation cannot be seized or are not delivered to the relevant authorities, the confiscation of the values corresponding to them is ordered.

(3) (Added: 26/6/2009 – 5918/2 art.) In order for the goods falling within the scope of this article to be confiscated, the person who acquired the goods later must not have benefited from the provisions of the Turkish Civil Code No. 4721 dated 22/11/2001 regarding the protection of good faith.

Safety precautions specific to children

Article 56 – (1) The security measures specific to children and how they will be implemented are specified in the relevant law.

Security measures specific to mentally ill patients

Article 57 – (1) A security measure is ordered for the purpose of protection and treatment for a person who is mentally ill at the time of committing the act. Mentally ill people who are ordered to be placed under security measures are placed under protection and treatment in high-security health institutions.

(2) A mentally ill person who has been ordered to take security measures may be released by the decision of the execution judge, if the report prepared by the health board of the institution where he/she is placed indicates that his/her danger to society has disappeared or has significantly decreased.

(3) The health board report shall indicate whether medical control and follow-up of the person is necessary for security reasons, depending on the nature of the mental illness and the act committed, and if so, the duration and intervals thereof.

(4) Medical control and follow-up is provided by the public prosecutor’s office, by sending these persons to a health institution that has technical equipment and an authorized specialist, within the period and intervals specified in the report.

(5) If, during medical control and follow-up, it is understood that the person’s mental illness poses an increased risk to society, the enforcement judge will decide on a new security measure for protection and treatment purposes based on the report prepared. In this case, the procedures specified in the first and subsequent paragraphs are repeated.

(6) A person whose ability to direct his/her behavior has been reduced due to his/her illness in relation to the act he/she committed may be subject to a prison sentence, partially or completely, as a security measure specific to mentally ill people, by the decision of the execution judge, based on the report of the board prepared in the high security health institution where he/she was placed in accordance with the provisions of the first and second paragraphs, provided that the term remains the same.

(7) As a security measure, it is decided that the persons who are addicted to alcohol, drugs or stimulants and who commit crimes will be treated in a health institution specific to alcohol, drugs or stimulants. The treatment of these persons will continue until they are free from alcohol, drugs or stimulants addiction. These persons may be released by the decision of the execution judge upon a report to be prepared in this direction by the health board of the institution where they are placed.

Recidivism and special dangerous offenders

Article 58 – (1) If a new crime is committed after the verdict given for a previously committed crime has become final, the provisions for repetition shall apply. For this, the penalty does not have to have been served.

(2) Repetition provisions apply to crimes committed previously;

1. a) In case of a sentence of imprisonment exceeding five years, five years from the date of execution of the sentence,
2. b) In case of a sentence of imprisonment of five years or less or a judicial fine, three years from the date of execution of this sentence,

It is not applied to crimes committed after the date of expiry.

(3) In case of recurrence, if the law article regarding the subsequent crime provides for an alternative sentence of imprisonment or a judicial fine, the sentence shall be imprisonment.

(4) The provisions on repetition shall not apply to intentional crimes, negligent crimes, purely military crimes and other crimes. Except for the crimes of intentional killing, intentional wounding, plunder, fraud, manufacturing and trafficking in narcotics or stimulants, and counterfeiting of money or valuables; judgments given by foreign courts shall not be the basis for repetition.

(5) The provisions on recidivism do not apply to crimes committed by persons who have not reached the age of eighteen at the time of the act.

(6) In case of recurrence, the sentence imposed shall be served in accordance with the execution regime specific to repeat offenders. In addition, the measure of probation shall be applied to the repeat offender after the execution of the sentence.

(7) In the decision of conviction, it is stated that the execution regime specific to repeat offenders and the measure of supervised release will be applied to the convict after the execution of the sentence.

(8) The execution of the sentence to which repeat offenders were sentenced and the implementation of the measure of probation are carried out in the manner specified in the law.

(9) It is ruled that the enforcement regime specific to repeat offenders and the measure of supervised release after the execution of the sentence shall also be applied to habitual offenders, persons who have adopted crime as a profession or offenders who are members of an organisation.

Deportation

Article 59- (Amended: 31/3/2005 – 5328/1 art.)

(1) After a decision is made to execute the sentence of a foreigner who has been sentenced to imprisonment due to a crime he has committed by applying a measure of supervised release or to conditionally release him, and in any case after the execution of his sentence is completed, his situation shall be immediately reported to the Ministry of Internal Affairs for evaluation in relation to deportation procedures.

Security measures regarding legal entities

Article 60 – (1) In case of conviction of intentional crimes committed for the benefit of a private legal entity with the participation of its organs or representatives operating based on the permission granted by a public institution and by abusing the authority granted by this permission, the permission shall be cancelled.

(2) Confiscation provisions also apply to private law legal entities in cases where crimes are committed in their favor.

(3) In cases where the application of the provisions of the above paragraphs may lead to more severe consequences than the act committed, the judge may not order these measures.

(4) The provisions of this article shall apply in cases specifically specified by law.

CHAPTER THREE

Determination and Individualization of Punishment

Determination of penalty

ARTICLE 61. – (1) The judge, in the concrete case;

1. a) The manner in which the crime was committed,
2. b) The tools used in committing the crime,
3. c) Time and place of the crime,
4. d) The importance and value of the subject of the crime,
5. e) The severity of the damage or danger that occurs,
6. f) The severity of the offender’s fault based on intent or negligence,
7. g) The purpose and motive of the perpetrator,

Taking into account the above, it determines the basic penalty between the lower and upper limits of the penalty provided for in the legal definition of the crime committed.

(2) The reduction or increase in the penalty determined in accordance with the provision of the first paragraph is made due to the fact that the crime was committed with possible intent or conscious negligence.

(3) In cases where the matters specified in the first paragraph constitute the elements of the crime, they are not taken into consideration separately in determining the basic penalty.

(4) If more than one qualified situation occurs that requires a more severe or lesser penalty than the basic form of a crime, the basic penalty is first increased and then reduced.

(5) The final penalty is determined by applying the provisions regarding attempt, participation, serial crime, unjust provocation, youth, mental illness and personal reasons requiring a reduction in penalty, as well as discretionary reasons for reduction, respectively, to the penalty determined in accordance with the above paragraphs.

(6) The duration of the prison sentence is determined by the count of days, months and years. A day is twenty-four hours; a month is thirty days. A year is calculated according to the official calendar. The remainder of a day for a prison sentence and a Turkish Lira for a judicial fine are not taken into account and these sentences are not executed.

(7) (Added: 29/6/2005 – 5377/7 article) The final sentence determined in accordance with the provisions of this article for a crime requiring a period of imprisonment cannot exceed thirty years.

(8) (Added: 29/6/2005 – 5377/7 art.) When calculating the judicial fine, the increases and reductions for determining and individualizing the penalty in accordance with the provisions of this article are made on a per-day basis. The judicial fine is found by multiplying the determined result day by the amount that the person can pay for one day.

(9) (Added: 6/12/2006 – 5560/1 article) In crimes for which a judicial fine is foreseen as an optional penalty, the lower limit of the day unit related to this penalty cannot be less than the lower limit of the prison sentence in the definition of that crime, and the upper limit cannot be more than the upper limit of the prison sentence.

(10) Unless expressly stated in the law, penalties may not be increased, decreased or changed.

Reasons for discretionary discount

Article 62 – (1) If there are discretionary reasons that would mitigate the sentence in favor of the offender, life imprisonment shall be imposed instead of aggravated life imprisonment; and twenty-five years’ imprisonment shall be imposed instead of life imprisonment. Other sentences shall be reduced by up to one-sixth.

(2) As a reason for discretionary reduction, the perpetrator’s past, social relations, behaviors that show remorse after the act and during the trial, or the possible effects of the punishment on the perpetrator’s future (…) (Additional sentence: 12/5/2022-7406/1 art.) However, the formal attitude and behavior of the perpetrator aimed at influencing the court at the hearing are not taken into account as a reason for discretionary reduction. The reasons for discretionary reduction are indicated with their justifications in the decision.21

Offset

Article 63 – (1) All periods spent due to all situations that occurred before the verdict became final and resulted in the restriction of personal freedom shall be deducted from the sentence of imprisonment. In the event of a judicial fine, a deduction shall be made from this sentence by counting one day as five hundred Turkish Lira.

CHAPTER FOUR

Dismissal of Case and Sentence

Death of the defendant or convict

Article 64 – (1) In case of death of the defendant, the public lawsuit is decided to be dropped. However, the lawsuit regarding the goods and material interests that are subject to confiscation due to their nature may be continued and a decision may be made for their confiscation.

(2) The death of the convict shall extinguish the imprisonment and judicial fines not yet executed. However, the judgment regarding confiscation and trial expenses which became final before the death shall be executed.

Amnesty

Article 65 – (1) In case of general amnesty, the public lawsuit is dismissed and the imposed punishments are abolished with all their consequences.

(2) With a special amnesty, the period of imprisonment to be served in the penal institution may be terminated or the period to be served in the penal institution may be shortened or converted into a judicial fine.

(3) The deprivations of rights that are attached to the penalty or specified in the judgment continue to have effect despite the special amnesty.

Statute of limitations for the case

Article 66 – (1) Except for the cases stated otherwise in the law, public lawsuits;

1. a) Thirty years for crimes that require aggravated life imprisonment,
2. b) Twenty-five years for crimes punishable by life imprisonment,
3. c) Twenty years for crimes that require imprisonment of not less than twenty years,
4. d) Fifteen years for crimes that require imprisonment of more than five years and less than twenty years,
5. e) Eight years for crimes that require imprisonment of not more than five years or a judicial fine,

falls as it passes.

(2) The public lawsuit is dismissed when half of the said period has elapsed for those who were twelve years of age but under fifteen at the time of the act; and when two-thirds of the said period has elapsed for those who were fifteen years of age but under eighteen.

(3) In determining the statute of limitations for a case, the qualified cases of the crime that require a more severe penalty are also taken into account, considering the available evidence in the file.

(4) In determining the periods in the above paragraphs, the upper limit of the penalty for the crime specified in the law is taken into account; in crimes requiring alternative penalties, the prison sentence is taken as the basis in terms of the statute of limitations.

(5) (Amended: 29/6/2005 – 5377/8 art.) In cases requiring a retrial for the same act, the limitation period for the act starts to run anew from the date on which the request is accepted by the court.

(6) The statute of limitations begins to run from the day the crime is committed in completed crimes, from the day the last act is committed in attempted crimes, from the day the interruption occurs in continuous crimes and the day the last crime is committed in chain crimes, and from the day the child reaches the age of eighteen in crimes committed by ascendants or people who have authority and influence over them.

(7) If the crimes requiring aggravated life imprisonment or life imprisonment or imprisonment for more than ten years, as stated in the Fourth Part of Book Two of this Law, are committed abroad, the statute of limitations shall not apply.

Suspension or interruption of the limitation period of the lawsuit

Article 67 – (1) In cases where the investigation and prosecution depend on the obtaining of a permit or decision or the outcome of a matter that needs to be resolved by another authority, the statute of limitations for the case shall be suspended until the obtaining of the permit or decision or the resolution of the matter or until the decision regarding the perpetrator of the crime, about whom a fugitive decision has been made in accordance with the law, is lifted.

(2) In relation to a crime;

1. a) Taking the statement or interrogating of a suspect or defendant in the presence of the prosecutor,
2. b) An arrest warrant is issued for one of the suspects or defendants,
3. c) Issuing an indictment regarding the crime,
4. d) A conviction decision is given, even for some of the defendants,

In this case, the statute of limitations is interrupted.

(3) When the statute of limitations for a lawsuit is interrupted, the statute of limitations starts to run again. If there is more than one reason for interrupting the statute of limitations for a lawsuit, the statute of limitations starts to run again from the date of the last interruption.

(4) In case of interruption, the limitation period is extended to a maximum of half of the period determined by the Law for the relevant crime.

Statute of limitations for punishment

Article 68 – (1) The penalties stated in this article shall not be executed after the following periods have elapsed:

1. a) Forty years in aggravated life imprisonment.
2. b) Thirty years in life sentences.
3. c) Twenty-four years for sentences of imprisonment of twenty years or more.
4. d) Twenty years for sentences exceeding five years.
5. e) Up to five years of imprisonment and ten years of judicial fines.

(2) The penalty shall not be executed for those who were twelve years of age but under fifteen years of age at the time of the act, after half of this period has elapsed; for those who were fifteen years of age but under eighteen years of age, after two-thirds of this period has elapsed.

(3) The statute of limitations shall not apply to sentences of aggravated life imprisonment or life imprisonment or imprisonment of more than ten years imposed for crimes committed abroad as specified in the Fourth Part of the Second Book of this Law.

(4) Sentences containing different types of penalties shall not be executed after the period set for the most severe penalty has elapsed.

(5) The statute of limitations for penalties begins to run from the day the judgment becomes final or the execution is interrupted in any way, and the period is calculated based on the remaining amount of the penalty.

Statute of limitations and deprivation of rights

Article 69 – (1) The period of deprivation of rights arising from the penalty or specified in the judgment continues until the statute of limitations for the penalty expires.

Statute of limitations on confiscation

Article 70 – (1) The judgment regarding confiscation shall not be executed more than twenty years after it becomes final.

Interruption of the statute of limitations for criminal proceedings

Article 71 – (1) The notification made to the convict by the competent authority in accordance with the law for the execution of the sentence or the arrest of the convict for this purpose interrupts the statute of limitations.

(2) If a person convicted of a crime commits a deliberate crime that carries a sentence of more than two years’ imprisonment, the statute of limitations for the crime is suspended.

Calculation and application of the statute of limitations

Article 72 – (1) The limitation periods for lawsuits and penalties are determined by day, month and year. One day is twenty-four hours; one month is thirty days. A year is calculated according to the official calendar.

(2) The statute of limitations for litigation and punishment shall be applied ex officio and the suspect, defendant and convict cannot waive this.

Crimes whose investigation and prosecution depend on complaints

Article 73 – (1) If the authorized person does not file a complaint within six months regarding a crime for which investigation and prosecution are subject to a complaint, no investigation or prosecution can be carried out.

(2) Provided that the limitation period is not exceeded, this period starts from the day the person entitled to complain knows or learns about the act and the identity of the perpetrator. (Additional sentence: 7/11/2024-7531/14 art.) However, for the crime of insult, the investigation and prosecution of which is dependent on the complaint, the period for filing a complaint cannot exceed two years from the date of the act, in any way whatsoever.

(3) If one of the several persons entitled to file a complaint exceeds the six-month period, the rights of the others are not void.

(4) In crimes where prosecution is dependent on a complaint, unless otherwise stated in the law, the withdrawal of the person harmed by the crime shall drop the case and the withdrawal after the judgment becomes final shall not prevent the execution of the penalty.

(5) Withdrawal of the complaint against one of the defendants who committed a crime in the event of participation includes the others as well.

(6) Unless otherwise stated in the law, the waiver does not affect the defendant who does not accept it.

(7) If the dismissal of the public lawsuit is due to the person who has been harmed by the crime giving up the complaint and has also declared that he has given up his personal rights at the time of giving up the complaint, he cannot file a lawsuit in a civil court.

(8) (Repealed: 6/12/2006 – 5560/45 art.)

Effect of dismissal of case or sentence

Article 74 – (1) General amnesty, special amnesty and withdrawal of complaint do not require the return of the confiscated items or the paid judicial fine.

(2) The dismissal of the public lawsuit does not affect the personal rights lawsuit filed for the recovery of the goods and compensation for the damage suffered.

(3) The reduction of the sentence does not affect the provisions regarding personal rights, compensation and litigation expenses. However, in the event of a general amnesty, litigation expenses cannot be claimed.

Advance payment

Article 75 – (1) Except for crimes within the scope of reconciliation, the perpetrator of crimes that only require a judicial fine or whose upper limit of imprisonment stipulated in the law does not exceed six months;

1. a) If the judicial fine is a fixed amount, this amount; if not, the lower limit,
2. b) The amount to be found as the lower limit of the prison sentence, in one hundred Turkish Liras for each day,
3. c) If a judicial fine is also foreseen together with the prison sentence, the amount to be determined in accordance with subparagraph (b) of this paragraph and the lower limit of the judicial fine,

If the investigation expenses are paid within ten days upon notification by the Public Prosecutor’s Office, no public lawsuit will be filed against him/her. (Additional sentences: 17/10/2019-7188/16 art.) Provided that the perpetrator requests within ten days, the public prosecutor shall decide to pay this amount in three equal installments at one-month intervals. If the installments are not paid on time, the prepayment shall be void and the investigation shall continue. (Additional sentence: 24/11/2016-6763/12 art.) Except for crimes of negligence, the prepayment amount to be offered to the perpetrator who commits a crime subject to prepayment within five years from the date on which it is decided that there is no need for prosecution based on prepayment or that the public case shall be dropped shall be increased by half in accordance with this paragraph.

(2) If the case is directly referred to the court in accordance with the provisions of the special law, the public lawsuit is dismissed when the perpetrator pays the amount of money determined in accordance with the provisions of the first paragraph, together with the litigation expenses, upon notification by the judge.

(3) The above paragraph shall also apply if a lawsuit is filed by the public prosecutor’s office for a crime falling within the scope of the article without making the prepayment process or if the act in question changes in nature and becomes a crime falling within the scope of the article.

(4) In cases where only one of the following can be applied: imprisonment not exceeding the upper limit of six months or a judicial fine, as per the relevant article of law, the amount to be paid is determined based on the judicial fine in accordance with the above paragraphs.

(5) Failure to file or eliminate a public lawsuit pursuant to this article does not affect the provisions regarding the claim of personal rights, recovery of property and confiscation.

(6) (Added: 24/11/2016-6763/12 art.) The provisions of this article;

1. a) Included in this Law;
2. Failure to fulfill the obligation to provide assistance or notification (first paragraph of Article 98),
3. (Added: 7/11/2024-7531/15 art.) Insult (second paragraph of article 125, subparagraphs (b) and (c) of the third paragraph and the fourth paragraph),
4. Endangering public security through negligence (Article 171),
5. Pollution of the environment through negligence (first paragraph of Article 182),
6. Using special signs and clothing illegally (first paragraph of Article 264),
7. Failure to report the crime (first and second paragraphs of Article 278),

crimes,

1. b) The crime specified in the first paragraph of Article 108 of the Forest Law No. 6831 dated 31/8/1956,
2. c) (Added: 17/10/2019-7188/16 art.) The crime stated in the first sentence of the second paragraph of Article 74 of the Law on the Protection of Cultural and Natural Heritage No. 2863 dated 21/7/1983,
3. d) (Added: 17/10/2019-7188/16 art.) The crime specified in subparagraph (d) of the first paragraph of Article 32 of the Associations Law No. 5253 dated 4/11/2004,

In case the crimes within the scope of this paragraph are committed again within five years, the provisions for prepayment shall not be applied to the perpetrator for the same crime.

(7) (Added: 24/11/2016-6763/12 art.) Decisions of non-prosecution and decisions of dismissal given upon payment are recorded in a system specific to them. These records may only be used for the purpose specified in this article if requested by the public prosecutor, judge or court in connection with an investigation or prosecution.

THE SECOND BOOK

Special Provisions

PART ONE

International Crimes

CHAPTER ONE

Genocide and Crimes Against Humanity

Genocide

Article 76 – (1) Committing one of the following acts against members of a national, ethnic, racial or religious group with the intent to destroy them in whole or in part through the execution of a plan constitutes the crime of genocide:

1. a) Deliberate killing.
2. b) Causing serious harm to the physical or mental integrity of individuals.
3. c) The group is forced to live in conditions that will result in its total or partial destruction.
4. d) Taking measures to prevent births within the group.
5. e) Forcibly transferring children belonging to the group to another group.

(2) The perpetrator of the crime of genocide shall be sentenced to aggravated life imprisonment. However, for the crimes of intentional killing and intentional wounding committed within the scope of genocide, the provisions of real aggregation shall apply to the determined number of victims.

(3) Security measures are also imposed on legal entities due to these crimes.

(4) The statute of limitations does not apply to these crimes.

Crimes against humanity

Article 77 – (1) The systematic commission of the following acts against a segment of society with political, philosophical, racial or religious motives constitutes a crime against humanity:

1. a) Deliberate killing.
2. b) Intentional injury.
3. c) Torture, torment or enslavement.
4. d) Deprivation of personal liberty.
5. e) Subjecting to scientific experiments.
6. f) Sexual assault, sexual abuse of children.
7. g) Forced pregnancy.
8. h) Forced prostitution.

(2) If the act specified in subparagraph (a) of the first paragraph is committed, the perpetrator shall be sentenced to aggravated life imprisonment; if the acts specified in other subparagraphs are committed, the perpetrator shall be sentenced to imprisonment of not less than eight years. However, for the crimes of intentional homicide and intentional wounding committed within the scope of subparagraphs (a) and (b) of the first paragraph, the provisions of real aggregation shall be applied to the number of victims determined.

(3) Security measures are also imposed on legal entities due to these crimes.

(4) The statute of limitations does not apply to these crimes.

Organization

Article 78 – (1) A person who establishes or manages an organization for the purpose of committing the crimes listed in the above articles shall be sentenced to imprisonment from ten to fifteen years. Members of these organizations shall be sentenced to imprisonment from five to ten years.

(2) Security measures are also imposed on legal entities due to these crimes.

(3) The statute of limitations does not apply to these crimes.

CHAPTER TWO

Migrant Smuggling and Human Trafficking

Migrant smuggling

Article 79 – (1) In order to obtain material benefit directly or indirectly, through illegal means;

1. a) Entry of a foreigner into the country or provision of the opportunity for his/her stay in the country,
2. b) Allowing Turkish citizens or foreigners to go abroad,

Person, five years shall be punished with imprisonment of up to eight years and a judicial fine of up to one thousand to ten thousand days. (Additional sentence: 22/7/2010 – 6008/6 art.) Even if the crime remains at the attempt stage, the punishment is imposed as if it was completed.

(2) (Additional paragraph: 22/7/2010 – 6008/6 art.) The crime, the victims;

1. a) It poses a danger to life,
2. b) Being subjected to a degrading treatment,

In this case, the penalty to be given is increased from half to two-thirds.

(3) ( Amended: 6/12/2019-7196/56 art.) If this crime is committed by more than one person, the penalty to be given is increased by half, and if it is committed within the scope of the activities of an organization, the penalty to be given is increased by half to one fold.

(4) If this crime is committed within the scope of the activities of a legal entity, security measures specific to such legal entities shall be imposed.

Human trafficking

Article 80 – (1) (Amended: 6/12/2006 – 5560/3 art.) Anyone who brings people into the country, takes them out of the country, supplies them, kidnaps them, takes them from one place to another or shelters them, by using threats, pressure, force or violence, by abusing their influence, by deceiving them or by taking advantage of their control over them or their helplessness, in order to force them to work, serve, force them into prostitution or slavery or to ensure the donation of body organs, shall be sentenced to imprisonment from eight to twelve years and a judicial fine of up to ten thousand days.

(2) If there are acts that are undertaken for the purposes specified in the first paragraph and constitute a crime, the consent of the victim is invalid.

(3) In cases where persons under eighteen years of age are procured, kidnapped, taken or transferred from one place to another or sheltered for the purposes specified in the first paragraph, the perpetrator shall be given the penalties specified in the first paragraph, even if none of the instrumental acts of the crime are used.

(4) Security measures are also imposed on legal entities due to these crimes.

PART TWO

Crimes Against Persons

CHAPTER ONE

Crimes Against Life

Willful killing

Article 81- (1) A person who kills a person intentionally shall be punished with life imprisonment.

Qualified cases

Article 82 – (1) The crime of deliberate murder;

1. a) By design,
2. b) By causing cruelty or torment,
3. c) By fire, flood, destruction, sinking or bombing, or by using nuclear, biological or chemical weapons,
4. d) Against a descendant or ancestor, or against a spouse, ex-spouse or sibling,
5. e) Against a child or a person who is physically or mentally unable to defend himself/herself,
6. f) (Amended: 12/5/2022-7406/2 art.) Against women,
7. g) Due to the public duty performed by the person,
8. h) In order to conceal a crime, to eliminate evidence or to facilitate its commission or to avoid being caught,
9. i) (Added: 29/6/2005 – 5377/9 art.) Due to the indignation he feels due to not being able to commit a crime,
10. j) With the motive of feuding,
11. k) For the sake of tradition,

If committed, the person is punished with aggravated life imprisonment.

Committing intentional homicide through negligence

Article 83 – (1) In order for a person to be held responsible for the death that occurs as a result of not performing a certain performance for which he is obliged, the negligence of obligation that causes this result must be equivalent to the performance of the performance.

(2) In order for negligence and executive behavior to be considered equivalent, the person must;

1. a) There is an obligation arising from legal regulations or contracts to perform a certain executive action,
2. b) The previous behavior created a dangerous situation for the lives of others,

should.

(3) In the case of a person who causes death by negligence in fulfilling a certain obligation, instead of a basic sentence of aggravated life imprisonment, a sentence of imprisonment of twenty to twenty years may be imposed; instead of life imprisonment, a sentence of imprisonment of fifteen to twenty years; in other cases, a sentence of imprisonment of ten to fifteen years may be imposed; however, the sentence may not be reduced.

Induction to suicide

Article 84 – (1) Anyone who instigates or encourages another person to commit suicide, strengthens another person’s decision to commit suicide, or assists another person in any way in committing suicide shall be punished with imprisonment from two to five years.

(2) In case of suicide, the person shall be punished with imprisonment from four to ten years.

(3) A person who publicly encourages others to commit suicide shall be sentenced to imprisonment from three to eight years. (Repealed second sentence: 29/6/2005 – 5377/10 article)

(4) Those who incite people to commit suicide if their ability to perceive the meaning and consequences of the act they have committed has not developed or has been eliminated, and those who force people to commit suicide by using force or threats, are held responsible for the crime of deliberate murder.

Murder by negligence

Article 85 – (1) A person who causes the death of a person through negligence shall be punished with imprisonment from two to six years.

(2) If the act causes the death of more than one person or the death of one or more persons and the injury of one or more persons, the person shall be punished with imprisonment from two to fifteen years.

CHAPTER TWO

Crimes Against Physical Inviolability

Intentional injury

Article 86 – (1) A person who intentionally causes pain to another person’s body or causes their health or perception to deteriorate shall be punished with imprisonment from one year and six months to three years.

(2) (Additional paragraph: 31/3/2005 – 5328/4 art.) If the effect of the act of intentional injury on the person is so mild that it can be remedied by a simple medical intervention, upon the complaint of the victim, a sentence of imprisonment from six months to one year and six months or a judicial fine is imposed. (Additional sentence: 12/5/2022-7406/3 art.) If the crime is committed against a woman, the lower limit of the sentence cannot be less than nine months.

(3) The crime of intentional injury;

1. a) Against lineal ancestors, lineal descendants, spouse, divorced spouse or sibling,
2. b) Against a person who is physically or mentally incapable of defending himself,
3. c) Due to the public duty performed by the person,
4. d) By abusing the influence of a public official,
5. e) With a gun,
6. f) (Added: 14/4/2020-7242/11 art.) With a beastly feeling,

If committed, the penalty is increased by half, without a complaint, and by one fold in terms of clause (f).

Aggravated injury due to consequence

Article 87 – (1) The act of intentional injury is the victim’s;

1. a) Permanent weakening of the function of one of the senses or organs,
2. b) Persistent difficulty in speaking,
3. c) Permanent scar on the face,
4. d) A situation that endangers life,
5. e) If the crime is committed against a pregnant woman and her child is born prematurely,

If there was a reason, the penalty determined according to the above article shall be increased by one fold. However, the penalty to be given shall not be less than four years in the cases included in the first paragraph and six years in the cases included in the third paragraph.

(2) The act of intentional injury is the victim’s;

1. a) He/she has an incurable disease or enters a vegetative state,
2. b) Loss of function of one of the senses or organs,
3. c) Loss of the ability to speak or have children,
4. d) The constant change of his face,
5. e) If the crime is committed against a pregnant woman and she loses her child,

If it has been caused, the penalty determined according to the above article shall be doubled. However, the penalty to be given shall not be less than six years in the cases included in the first paragraph and nine years in the cases included in the third paragraph.42

(3) (Amended: 6/12/2006 – 5560/4 art.) If intentional injury causes bone fracture or dislocation in the body, the penalty determined according to the above article is increased by half, depending on the effect of the fracture or dislocation on vital functions.

(4) If death occurs as a result of intentional injury, the penalty is imprisonment from ten to fourteen years in the cases covered by the first paragraph of the above article, and from fourteen to eighteen years in the cases covered by the third paragraph.

Committing intentional injury through negligent conduct

Article 88 – (1) If intentional injury is committed through negligence, the penalty may be reduced by up to two-thirds. In the application of this provision, the conditions regarding the negligent commission of intentional homicide are taken into account.

Wounding by negligence

Article 89 – (1) A person who negligently causes pain to another person’s body or causes their health or perception to deteriorate shall be punished with imprisonment from three months to one year or a judicial fine.

(2) The act of wounding through negligence is the victim’s;

1. a) Permanent weakening of the function of one of the senses or organs,
2. b) Bone fractures in the body,
3. c) Persistent difficulty in speaking,
4. d) Permanent scar on the face,
5. e) A situation that endangers life,
6. f) If a pregnant woman gives birth to a child before its due date,

If there is a reason, the penalty determined according to the first paragraph is increased by half.

(3) The act of wounding through negligence is the victim’s;

1. a) He/she has an incurable disease or enters a vegetative state,
2. b) Loss of function of one of the senses or organs,
3. c) Loss of the ability to speak or have children,
4. d) The constant change of his face,
5. e) A pregnant woman’s miscarriage,

If there is a reason, the penalty determined according to the first paragraph is increased by one fold.

(4) If the act causes injury to more than one person, a prison sentence of six months to three years is imposed.

(5) (Amended: 6/12/2006 – 5560/5 art.) Investigation and prosecution of the crime of wounding by negligence is subject to a complaint. However, except for wounding falling within the scope of the first paragraph, if the crime is committed by conscious negligence, a complaint is not required.

Human experimentation

Article 90 – (1) A person who conducts a scientific experiment on a human being shall be punished with imprisonment from one to three years.

(2) In order for scientific experiments conducted on humans based on consent not to entail criminal liability;

1. a) Necessary permission must be obtained from the competent board or authorities regarding the test,
2. b) The experiment must have been conducted primarily in a non-human experimental environment or on a sufficient number of animals,
3. c) Scientific data obtained as a result of experiments conducted in non-human experimental environments or on animals necessitate that these be conducted on humans in order to achieve the desired goal,
4. d) The experiment does not have a foreseeable harmful or permanent effect on human health,
5. e) During the experiment, methods that are incompatible with human dignity should not be applied to the person,
6. f) The purpose to be achieved through the experiment outweighs the burden it imposes on the person and the danger it poses to the person’s health,
7. g) The consent given must be in writing, based on sufficient information about the nature and results of the experiment, and must not be dependent on any benefit.

should.

(3) (Amended: 31/3/2005 – 5328/7 art.) In addition to the conditions sought in the second paragraph for scientific experiments on children not to entail criminal liability;

1. a) The scientific data obtained as a result of the experiments made it necessary to perform these experiments on children in order to reach the desired goal,
2. b) In addition to the child’s own consent, the written consent of his/her parents or guardian must also be obtained if the child has the capacity to consent.
3. c) The presence of a child health and disease specialist in the competent committees that will give permission for the experiment,

should.

(4) A person who conducts a treatment experiment on a sick person without consent shall be sentenced to imprisonment for up to one year. However, if it is understood that the application of known medical intervention methods will not yield results, a treatment experiment conducted on a person based on consent and in accordance with scientific methods shall not entail criminal liability. The expressed consent must be in writing, based on sufficient information about the nature and consequences of the experiment, and the treatment must be performed by a specialist physician in a hospital environment.

(5) If the victim is injured or dies as a result of the crime defined in the first paragraph, the provisions regarding the crime of intentional injury or intentional homicide shall apply.

(6) If the crimes defined in this article are committed within the scope of the activities of a legal entity, security measures specific to such legal entity shall be imposed.

Organ or tissue trafficking

Article 91 – (1) Anyone who takes an organ from a person without legally valid consent shall be sentenced to imprisonment from five to nine years. If the crime involves tissue, the sentence shall be two to five years’ imprisonment.

(2) Anyone who unlawfully takes an organ or tissue from a dead person is punished with imprisonment of up to one year.

(3) The penalties specified in the first paragraph shall be imposed on the person who buys, sells or facilitates the sale of organs or tissues.

(4) If the crimes defined in the first and third paragraphs are committed within the scope of the activities of an organization, a sentence of imprisonment from eight to fifteen years and a judicial fine of up to ten thousand days shall be imposed.

(5) A person who preserves, transplants or grafts an organ or tissue obtained illegally shall be sentenced to imprisonment from two to five years.

(6) Anyone who publishes or publishes an advertisement or announcement for the procurement of organs or tissues in return for a certain benefit shall be punished with imprisonment of up to one year.

(7) If the crimes defined in this article are committed within the scope of the activities of a legal entity, security measures specific to such legal entity shall be imposed.

(8) If the victim dies as a result of the crime defined in the first paragraph, the provisions regarding the crime of deliberate murder shall apply.

State of necessity

Article 92 – (1) Considering the social and economic conditions of the person who sells his organs or tissues, the penalty may be reduced or waived.

Active repentance

Article 93 – (1) If a person who sells his organs or tissues facilitates the apprehension of criminals by informing the relevant authorities before the official authorities are notified, he shall not be punished.

(2) If, after being informed of this crime, the person who sells his organs or tissues voluntarily serves and helps to uncover the crime and to catch other criminals, the penalty to be given to him shall be reduced by one-fourth to one-half, depending on the nature of the assistance.

CHAPTER THREE

Torture and Cruelty

Torture

Article 94 – (1) A public official who commits acts against a person that are incompatible with human dignity and that cause physical or mental suffering, affect their perception or willpower, or cause humiliation shall be sentenced to imprisonment from three to twelve years. (Additional sentence: 12/5/2022-7406/4 art.) If the crime is committed against a woman, the lower limit of the sentence cannot be less than five years.

(2) The crime;

1. a) Against a child, a person who is physically or mentally incapable of defending himself/herself, or a pregnant woman,
2. b) Due to his duty towards a lawyer or other public official,

If committed, the penalty is imprisonment from eight to fifteen years.

(3) If the act is committed in the form of sexual harassment, the sentence is imprisonment from ten to fifteen years.

(4) Other persons who participate in the commission of this crime shall be punished as public officials.

(5) If this crime is committed through negligence, no reduction in the penalty will be made for this reason.

(6) (Added: 11/4/2013-6459/9 art.) The statute of limitations does not apply for this crime.

Aggravated torture due to its consequences

Article 95- (1) Acts of torture are committed when the victim:

1. a) Permanent weakening of the function of one of the senses or organs,
2. b) Persistent difficulty in speaking,
3. c) Permanent scar on the face,
4. d) A situation that endangers life,
5. e) If the crime is committed against a pregnant woman and her child is born prematurely,

If there is a reason, the penalty determined according to the above article is increased by half.

(2) Acts of torture are committed by the victim;

1. a) He/she has an incurable disease or enters a vegetative state,
2. b) Loss of function of one of the senses or organs,
3. c) Loss of the ability to speak or have children,
4. d) The constant change of his face,
5. e) If the crime is committed against a pregnant woman and she loses her child,

If there is a reason, the penalty determined according to the above article is increased by one fold.

(3) If acts of torture cause a bone fracture in the body, a prison sentence of eight to fifteen years is imposed, depending on the effect of the fracture on vital functions.

(4) If death occurs as a result of torture, a sentence of aggravated life imprisonment is imposed.

Grind

Article 96 – (1) A person who commits acts that cause torment to another person shall be sentenced to imprisonment from two to five years. (Additional sentence: 12/5/2022-7406/5 art.) If the crime is committed against a woman, the lower limit of the sentence cannot be less than two years and six months.

(2) The acts falling within the scope of the above paragraph;

1. a) Against a child, a person who is physically or mentally incapable of defending himself/herself, or a pregnant woman,
2. b) Against the lineal ancestors or lineal descendants, paternity or maternity, or against the spouse or divorced spouse,

If committed, the person is sentenced to imprisonment from three to eight years.

CHAPTER FOUR

Breach of Duty to Protect, Supervise, Assist or Notify

Abandonment

Article 97 – (1) A person who abandons a person who is unable to manage himself due to his age or illness and who is therefore under the obligation of protection and supervision shall be punished with imprisonment from three months to two years.

(2) If the victim contracts a disease, is injured or dies due to abandonment, the punishment is imposed according to the provisions of the aggravated crime due to the consequences.

Failure to fulfill the obligation to provide assistance or notification

Article 98 – (1) A person who does not provide assistance to a person who is unable to take care of himself/herself due to age, illness, injury or any other reason, to the extent permitted by the circumstances, or who does not immediately report the situation to the relevant authorities, shall be punished with imprisonment of up to one year or a judicial fine.

(2) If the person dies as a result of failure to fulfill the obligation to assist or notify, the person shall be sentenced to imprisonment from one to three years.

CHAPTER FIVE

Abortion, Miscarriage or Sterilization

Abortion

Article 99 – (1) A person who causes a woman to abort her child without her consent shall be punished with imprisonment from five to ten years.

(2) A person who causes an abortion in a woman who is more than ten weeks pregnant, even if there is no medical necessity and the abortion is based on consent, shall be sentenced to imprisonment from two to four years. In this case, the woman who consents to the abortion shall be sentenced to imprisonment of up to one year or a judicial fine.

(3) If the act stated in the first paragraph causes the woman to suffer any harm to her physical or mental health, the person shall be sentenced to imprisonment from six to twelve years; if the act causes the woman’s death, the person shall be sentenced to imprisonment from fifteen to twenty years.

(4) If the act stated in the second paragraph causes the woman to suffer any physical or mental harm, the person shall be sentenced to imprisonment from three to six years; if the act causes the woman’s death, the person shall be sentenced to imprisonment from four to eight years.

(5) If an unauthorized person causes an abortion of a woman whose pregnancy has not yet completed ten weeks, even if it is based on consent, the sentence is imprisonment from two to four years. If other acts defined in the above paragraphs are committed by an unauthorized person, the sentence to be given according to these paragraphs shall be increased by half.

(6) If a woman becomes pregnant as a result of a crime of which she is the victim, no penalty will be imposed for terminating the pregnancy, provided that the pregnancy is not more than twenty weeks old and the woman consents. However, for this, the pregnancy must be terminated by specialist physicians in a hospital environment.

Miscarriage

Article 100 – (1) If a woman who is more than ten weeks pregnant and intentionally aborts her baby, she shall be sentenced to imprisonment for up to one year or a judicial fine.

Sterilization

Article 101- (1) Anyone who sterilizes a man or woman without their consent shall be sentenced to imprisonment from three to six years. If the act is committed by a person who is not authorized to perform the sterilization procedure, the penalty shall be increased by one third.

(2) If the act of sterilization is committed by an unauthorized person, even if it is based on consent, the penalty is imprisonment from one to three years.

CHAPTER SIX

Crimes Against Sexual Inviolability

Sexual assault

Article 102- (Amended: 18/6/2014-6545/58 art.)

(1) A person who violates the physical integrity of another person through sexual behavior shall be sentenced to imprisonment from five to ten years upon the complaint of the victim. If the sexual behavior is at the level of harassment, the sentence shall be two to five years’ imprisonment.

(2) If the act is committed by inserting an organ or other object into the body, the sentence is not less than twelve years in prison. If this act is committed against a spouse, the investigation and prosecution depend on the complaint of the victim.

(3) The crime;

1. a) Against a person who is physically or mentally incapable of defending himself,
2. b) By abusing the influence provided by public office, guardianship or service relationship,
3. c) Against a person with whom one has a blood or in-law relationship up to the third degree, or by a stepfather, stepmother, step-sibling, adoptive parent or adopted child,
4. d) With a weapon or by more than one person,
5. e) By benefiting from the convenience provided by environments where people have to live together in groups,

In case of committing a crime, the penalties imposed in accordance with the above paragraphs are increased by half.

(4) If the force and violence used for sexual assault results in the serious consequences of the crime of intentional wounding, the provisions regarding the crime of intentional wounding shall also apply.

(5) If the victim enters a vegetative state or dies as a result of the crime, a sentence of aggravated life imprisonment is imposed.

Child sexual abuse

Article 103- (Amended: 18/6/2014-6545/59 art.)

(1) (Revised first and second sentences: 24/11/2016-6763/13 art.) A person who sexually abuses a child shall be sentenced to imprisonment from eight to fifteen years. If the sexual abuse remains at the level of harassment, the sentence shall be from three to eight years. (Additional sentence: 24/11/2016-6763/13 art.) If the victim is under the age of twelve, the sentence to be given shall not be less than ten years in case of abuse, and five years in case of harassment. If the perpetrator of the crime that remains at the level of harassment is a child, the investigation and prosecution shall depend on the complaint of the victim, his/her parent or guardian. The term sexual abuse means;

1. a) Any sexual behavior committed against children who have not completed the age of fifteen or who have completed the age of fifteen but have not developed the ability to perceive the legal meaning and consequences of the act,
2. b) Sexual behaviors committed against other children solely based on force, threat, deception or any other reason affecting the will,

understandable.

(2) (Revised: 24/11/2016-6763/13 art.) If sexual abuse is committed by inserting an organ or other object into the body, the sentence shall be imprisonment for not less than sixteen years. If the victim has not completed twelve years of age, the sentence shall not be less than eighteen years.

(3) The crime;

1. a) By more than one person together,
2. b) By benefiting from the convenience provided by environments where people have to live together in groups,
3. c) Against a person with whom one has a blood or in-law relationship up to the third degree, or by a stepfather, stepmother, step-sibling or adoptive parent,
4. d) By guardians, educators, instructors, caretakers, foster families or health service providers or persons who are obliged to protect, care or supervise,
5. e) By abusing the influence provided by public office or employment relationship,

In case of committing a crime, the penalty to be given in accordance with the above paragraphs shall be increased by half.

(4) If sexual abuse is committed against children in subparagraph (a) of the first paragraph by using force or threat, or against children in subparagraph (b) by using a weapon, the penalty to be given in accordance with the above paragraphs shall be increased by half.

(5) If the force and violence used for sexual abuse results in the serious consequences of the crime of intentional injury, the provisions regarding the crime of intentional injury shall also apply.

(6) If the victim enters a vegetative state or dies as a result of the crime, a sentence of aggravated life imprisonment is imposed.

Sexual intercourse with a minor

Article 104 – (1) A person who has sexual intercourse with a child over the age of fifteen, without force, threat or deception, shall be punished with imprisonment from two to five years upon complaint.

(2) (Cancelled: By the Constitutional Court’s decision dated 23/11/2005 and numbered E: 2005/103, K: 2005/89; Re-arranged: 18/6/2014-6545/60 art.) If the crime is committed by a person who is prohibited from marrying the victim, a prison sentence of ten to fifteen years is imposed, without the need for a complaint.

(3) ( Added: 18/6/2014-6545/60 art.) If the crime is committed by a person who has taken care of the child he/she will adopt before the adoption or who has the obligation of protection, care and supervision within the framework of the foster family relationship, the punishment is imposed according to the second paragraph without the need for a complaint.

Sexual harassment

Article 105 – (1) A person who harasses someone for sexual purposes shall be sentenced to imprisonment from three months to two years or a judicial fine, upon the complaint of the victim. If the act is committed against a child, he/she shall be sentenced to imprisonment from six months to three years.

(2) (Amended: 18/6/2014-6545/61 art.) The crime is;

1. a) By taking advantage of the convenience provided by public duty or employment relationship or family relationship,
2. b) By guardians, educators, instructors, caretakers, foster families or health service providers or persons who are obliged to protect, care or supervise,
3. c) By benefiting from the convenience of working in the same workplace,
4. d) By taking advantage of the convenience provided by post or electronic communication tools,
5. e) By display,

If the victim is forced to quit his job, leave school or family due to this act, the sentence cannot be less than one year.

CHAPTER SEVEN

Crimes Against Liberty

Threatening

Article 106 – (1) A person who threatens another person by mentioning that he/she will commit an attack on his/her life, physical or sexual integrity or that of his/her relative shall be sentenced to imprisonment from six months to two years. (Additional sentence: 12/5/2022-7406/6 art.) In case this crime is committed against a woman, the lower limit of the sentence cannot be less than nine months. If the person threatens by mentioning that he/she will cause great damage to his/her property or do another evil, upon the complaint of the victim, he/she shall be sentenced to imprisonment from two months to six months or a judicial fine.

(2) Threat;

1. a) With a gun,
2. b) By making the person unrecognizable, by means of an unsigned letter or special signs,
3. c) By more than one person together,
4. d) By taking advantage of the intimidating power of existing or assumed criminal organizations,

If committed, the perpetrator is sentenced to imprisonment from two to seven years.

(3) If the crime of deliberately killing, deliberately wounding or damaging property is committed with the purpose of threat, additional punishment is given for these crimes.

Blackmail

Article 107 – (1) A person who forces a person to do or not to do something that is against the law or for which he is not obliged, or to gain an unfair advantage, by mentioning that he will or will not do something to which he is entitled or obliged, shall be punished with imprisonment from one to three years and a judicial fine of up to five thousand days.

(2) (Added: 29/6/2005 – 5377/14 art.) If a person is threatened to disclose or attribute matters that would harm the honour or reputation of a person in order to benefit himself or someone else, the penalty is imposed in accordance with the first paragraph.

Algebra

Article 108 – (1) If force is used against a person to force him to do or not to do something or to allow him to do something, the penalty for the crime of intentional injury is increased from one third to one half.

Deprivation of liberty of a person

Article 109 – (1) A person who unlawfully deprives a person of his or her freedom to go or stay in a place shall be sentenced to imprisonment from one to five years.

(2) If a person uses force, threat or deception to commit the act or while committing it, he shall be sentenced to imprisonment from two to seven years.

(3) This crime;

1. a) With a gun,
2. b) By more than one person together,
3. c) Due to the public duty performed by the person,
4. d) By abusing the influence provided by public office,

Against the ascendants, descendants or spouse or divorced spouse ,

1. f) Against a child or a person who is physically or mentally incapable of defending himself/herself,

If committed, the penalty to be given according to the above paragraphs is increased by one fold.

(4) If this crime causes a significant economic loss to the victim, a judicial fine of up to one thousand days shall also be imposed.

(5) If the crime is committed for sexual purposes, the penalties to be imposed in accordance with the above paragraphs are increased by half.

(6) In case of aggravation of the crime due to the consequences of intentional wounding for the purpose of committing this crime or during the commission of this crime, the provisions regarding the crime of intentional wounding shall also apply.

Active repentance

Article 110 – (1) If the person who committed the crime defined in the above article releases the victim to a safe place on his own, without causing any harm to his person, before the investigation is started for this crime, the sentence shall be reduced by up to two-thirds.

Implementation of security measures on legal entities

Article 111 – (1) Security measures specific to legal entities that have been provided for unfair benefits as a result of the crimes of threat, blackmail, coercion or deprivation of liberty are imposed.

Obstruction of the right to education and training

Article 112- (Amended: 2/3/2014-6529/12 art.)

(1) By using force or threats or any other unlawful act;

1. a) All kinds of education and training activities established by the State or carried out based on the permission given by public authorities,
2. b) The individual’s right to education and training,
3. c) Entering or staying in buildings or their annexes where students live together,

If the perpetrator is prevented, he/she shall be sentenced to imprisonment from two to five years.

Denial of the right to benefit from public services

Article 113- (Amended: 2/3/2014-6529/13 art.)

(1) By using force or threats or any other unlawful act;

1. a) To carry out a public activity,
2. b) To benefit from services provided in public institutions or professional organizations with public institution status or based on the permission given by public authorities,

If the perpetrator is prevented, he/she shall be sentenced to imprisonment from two to five years.

(2) (Added: 12/5/2022-7406/7 art.) If the subject of the crime is health care, the penalty shall be increased by one sixth.

Obstruction of the exercise of political rights

Article 114- (1) Against a person;

1. a) To become or not to become a member of a political party, to participate or not to participate in the activities of a political party, to resign from the political party or from his/her duty in the political party administration,
2. b) Not to be a candidate for an elected public office or to resign from the office to which he/she was elected,

A person who uses force or threat for the purpose of coercion shall be punished with imprisonment from one to three years.

(2) If the activities of a political party are obstructed by using force or threat or by any other unlawful act, a prison sentence of two to five years is imposed.

Obstructing the exercise of freedom of belief, thought and opinion

Article 115 – (1) Anyone who forces a person to reveal or change his/her religious, political, social or philosophical beliefs, thoughts and opinions, or prevents him/her from revealing or disseminating them, by using force or threat, shall be punished with imprisonment from one to three years.

(2) (Amended: 2/3/2014-6529/14 art.) If the fulfillment of the requirements of religious belief or the performance of religious worship or ceremonies individually or collectively is prevented by the use of force or threat or by any other unlawful act, the perpetrator shall be punished in accordance with the first paragraph.

(3) (Added: 2/3/2014-6529/14 art.) A person who interferes with a person’s lifestyle choices based on their beliefs, thoughts or opinions, or forces them to change them, by using force or threat or any other unlawful behaviour, shall be punished in accordance with the provision of the first paragraph.

Violation of the inviolability of the residence

Article 116 – (1) A person who enters a person’s house or annexes of his house without his consent or who does not leave after entering with his consent shall be punished with imprisonment from six months to two years upon the complaint of the victim.

(2) (Amended: 31/3/2005 – 5328/8 art.) If the acts falling within the scope of the first paragraph are committed in workplaces and their annexes that are not places where it is customary to enter without the need for explicit consent, a sentence of imprisonment from six months to one year or a judicial fine shall be imposed upon the complaint of the victim.

(3) (Amended: 31/3/2005 – 5328/8 art.) In cases where more than one family member or more than one person shares the home or workplace in a marital union, if one of these persons consents, the provisions of the above paragraphs shall not apply. However, for this, the declaration of consent must be for a legitimate purpose.

(4) If the act is committed by using force or threat or at night, the penalty is imprisonment from one to three years.

Violation of freedom of work and labor

Article 117 – (1) A person who violates the freedom of work and employment by using force or threat or by any other unlawful act shall be sentenced to imprisonment from six months to two years or a judicial fine, if the victim complains.

(2) Anyone who exploits a person’s helplessness, despair and dependency and employs them for free or for a low wage that is clearly disproportionate to the service they provide, or subjects such a person to working and accommodation conditions incompatible with human dignity, shall be sentenced to imprisonment from six months to three years or to a judicial fine of not less than one hundred days.

(3) The same penalty shall be imposed on any person who supplies, dispatches or transports a person from one place to another in order to put him in the situations specified in the above paragraph.

(4) A person who, by using force or threat, forces workers or their employers to reduce or increase wages or to accept agreements under conditions other than those previously accepted, or causes a work to stop, end or continue to stop, shall be sentenced to imprisonment from six months to three years.

Obstruction of the exercise of trade union rights

Article 118 – (1) A person who uses force or threat against a person in order to force him/her to become or not become a member of a union, to participate or not participate in the activities of the union, to resign from the union or from his/her position in the management of the union, shall be punished with imprisonment from six months to two years.

(2) If the activities of a union are prevented by using force or threat or by any other unlawful act, a prison sentence of one to three years shall be imposed.

Common provision

Article 119 – (1) The crimes of obstructing education and training, obstructing the activities of public institutions or professional organizations with the status of public institutions, obstructing the exercise of political rights, obstructing the exercise of freedom of belief, thought and opinion, violating the inviolability of residence and violating the freedom of work and labor;

1. a) With a gun,
2. b) By making the person unrecognizable, by means of an unsigned letter or special signs,
3. c) By more than one person together,
4. d) By taking advantage of the intimidating power of existing or assumed criminal organizations,
5. e) By abusing the influence provided by public office,

If committed, the penalty will be increased by one fold.

(2) If the aggravated cases of these crimes occur due to the consequences of the crime of intentional wounding during the commission of these crimes, the provisions regarding the crime of intentional wounding shall also apply.

Unfair search

Article 120 – (1) A public officer who unlawfully searches a person or his belongings shall be sentenced to imprisonment from three months to one year.

Obstruction of the exercise of the right to petition

Article 121 – (1) If the petition submitted by a person to the competent public authorities to exercise a certain right is not accepted without a legal reason, the perpetrator shall be sentenced to imprisonment of up to six months.

Hatred and discrimination

Article 122- (Amended: 2/3/2014-6529/15 art.)

(1) Due to hatred arising from differences in language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion or sect;

1. a) The sale, transfer or lease of a movable or immovable property that has been offered to the public to a person,
2. b) A person’s benefit from a certain service offered to the public,
3. c) Recruitment of a person,
4. d) A person’s involvement in ordinary economic activity,

Anyone who obstructs this shall be punished with imprisonment from one to three years.

Disturbing the peace and tranquility of people

Article 123 – (1) If a person is persistently called, made noise or behaved in an unlawful manner with the sole purpose of disturbing peace and quiet, the perpetrator shall be sentenced to imprisonment of three months to one year upon the complaint of the victim.

Persistent pursuit

ARTICLE 123/A- (Added: 12/5/2022-7406/8 art.) 

(1) A perpetrator who persistently causes serious distress to a person or causes them to fear for their safety or the safety of a relative by physically following them or by trying to contact them using communication tools, information systems or third parties shall be sentenced to imprisonment from six months to two years.

(2) The crime;

1. a) It is committed against a child or a spouse from whom a separation decision has been made or who is divorced,
2. b) Causing the victim to change his/her school, workplace, residence or to quit his/her school or job,
3. c) It is committed by a perpetrator who has been ordered to be banned or not to approach his/her home, school or workplace,

In this case, the perpetrator is sentenced to imprisonment from one to three years.

(3) Investigation and prosecution of the crime regulated in this article depends on a complaint.

Blocking of communication

Article 124 – (1) If communication between individuals is unlawfully prevented, a prison sentence of six months to two years or a judicial fine shall be imposed.

(2) A person who unlawfully obstructs communication between public institutions shall be punished with imprisonment from one to five years.

(3) If the publication of any press or media organ is unlawfully prevented, a penalty shall be imposed in accordance with the provision of the second paragraph.

CHAPTER EIGHT

Crimes Against Honor

Insult

Article 125- (1) A person who attributes to another person a concrete act or fact that may offend his/her honour, dignity and reputation (…) or who attacks the honour, dignity and reputation of another person by insulting him/her shall be punished with imprisonment from three months to two years or a judicial fine. In order for insult in the absence of the victim to be punished, the act must be committed in the presence of at least three people.

(2) If the act is committed through a voice, written or visual message addressed to the victim, the penalty specified in the above paragraph shall be imposed.

(3) The crime of insult;

1. a) Due to his duty towards a public official,
2. b) For expressing, changing or trying to spread religious, political, social or philosophical beliefs, thoughts and opinions, and for acting in accordance with the orders and prohibitions of the religion to which he/she is a member,
3. c) By mentioning values that are considered sacred according to the religion to which the person is affiliated,

In case of commission, the lower limit of the penalty cannot be less than one year.

(4) (Amended: 29/6/2005 – 5377/15 art.) If the insult is committed publicly, the penalty is increased by one sixth.

(5) (Amended: 29/6/2005 – 5377/15 art.) If public officials working as a board are insulted because of their duties, the crime is deemed to have been committed against the members of the board. However, in this case, the provisions of the article regarding serial crimes are applied.

Identification of the victim

Article 126 – (1) Even if the name of the victim is not explicitly stated or the attribution is covered up in the commission of the crime of insult, if there is an undeniable situation that is of a nature that is directed at the person of the victim, both the name is stated and the insult is explained.

Proof of attribution

Article 127 – (1) If the act that is imputed and constitutes a crime is proven, the person shall not be punished. If a final conviction is given for the person insulted for this crime, the imputation shall be deemed proven. In other cases, the request for proof of the imputation shall be accepted only if there is a public interest in understanding whether the act imputed is true or not or if the complainant consents to the proof.

(2) If a person is insulted by mentioning his proven act, a penalty is imposed.

Immunity for prosecution and defense

Article 128 – (1) If concrete allegations or negative assessments are made regarding persons within the scope of written or oral applications, claims and defenses made to judicial or administrative authorities, no penalty shall be imposed. However, for this, the allegations and assessments must be based on real and concrete facts and be related to the dispute.

Due to tort or mutual insult

Article 129 – (1) If the crime of insult is committed as a reaction to an unjust act, the penalty may be reduced by up to one third or the penalty may be waived.

(2) If this crime is committed as a response to the crime of intentional injury, the person will not be punished.

(3) If the crime of insult is committed mutually, depending on the nature of the incident, the penalty to be imposed on both or one of the parties may be reduced by up to one third, or the penalty may be waived.

Insulting the memory of a person

Article 130 – (1) A person who insults the memory of another person after his/her death by associating himself/herself with at least three other people shall be punished with imprisonment from three months to two years or a judicial fine. If the insult is committed publicly, the penalty shall be increased by one-sixth.

(2) A person who takes the body or bones of a dead person, in whole or in part, or who commits acts of insult regarding the body or bones, shall be punished with imprisonment from three months to two years.

Condition for investigation and prosecution

Article 131 – (1) Investigation and prosecution of the crime of insult, except for the crime committed against a public official due to his/her duty, depends on the complaint of the victim.

(2) If the victim dies before making a complaint, or if the crime was committed against the memory of the deceased, the deceased’s ascendants and descendants up to the second degree, spouses or siblings may file a complaint.

CHAPTER NINE

Crimes Against Private Life and the Secret Area of Life

Violating the privacy of communication

Article 132 – (1) Anyone who violates the privacy of communication between individuals shall be sentenced to imprisonment from one to three years. If this privacy violation is carried out by recording the content of the communication, the penalty shall be increased by one fold.

(2) Anyone who unlawfully discloses the content of communications between individuals shall be punished with imprisonment from two to five years.

(3) A person who unlawfully discloses the content of communications made with him/her, without the consent of the other party, shall be sentenced to imprisonment from one to three years. (Additional sentence: 2/7/2012-6352/79 article) The same penalty shall be imposed if the disclosed data is published through press and publication.

(4) (Repealed: 2/7/2012-6352/79 art.)

Listening to and recording conversations between people

Article 133 – (1) A person who listens to non-public conversations between individuals with a device without the consent of either party or records them with a voice recording device shall be punished with imprisonment from two to five years.

(2) A person who records a non-public conversation with a voice recording device without the consent of the other speakers shall be punished with imprisonment from six months to two years or a judicial fine.

(3) (Amended: 2/7/2012-6352/80 art.) A person who unlawfully discloses data obtained by recording non-public conversations between individuals shall be punished with imprisonment from two to five years and a judicial fine of up to four thousand days. The same penalty shall be imposed if the disclosed data is published through press and publication.

Violation of privacy

Article 134 – (1) Anyone who violates the privacy of individuals shall be sentenced to imprisonment from one to three years. If privacy is violated by recording images or sounds, the penalty shall be increased by one fold.

(2) (Amended: 2/7/2012-6352/81 art.) Anyone who unlawfully discloses images or sounds related to the private life of individuals shall be sentenced to imprisonment from two to five years. The same penalty shall be imposed if the disclosed data is published through press and publication.

Recording of personal data

Article 135 – (1) Anyone who unlawfully records personal data shall be sentenced to imprisonment of one to three years.

(2) If the personal data relates to the political, philosophical or religious views of the individuals, their racial origins, their unlawful moral tendencies, their sexual life, their health status or their union affiliations, the penalty to be imposed in accordance with the first paragraph shall be increased by half.

Unlawfully providing or seizing data

Article 136 – (1) A person who unlawfully gives, disseminates or obtains personal data shall be punished with imprisonment from two to four years.

(2) (Added: 17/10/2019-7188/17 art.) If the subject of the crime is the statements and images recorded in accordance with the fifth and sixth paragraphs of Article 236 of the Code of Criminal Procedure, the penalty to be given is increased by one fold.

Qualified cases

Article 137- (1) The crimes defined in the above articles;

1. a) By a public official and by abusing the authority granted by his/her position,
2. b) By taking advantage of the convenience provided by a certain profession and art,

If committed, the penalty is increased by half.

Not destroying data

Article 138 – (1) Those who are obliged to destroy data within the system, even though the periods determined by law have passed, are sentenced to imprisonment from one to two years if they fail to fulfill their duties.

(2) (Added: 21/2/2014-6526/5 art.) If the subject of the crime is data that must be eliminated or destroyed according to the provisions of the Code of Criminal Procedure, the penalty to be given is increased by one fold.

Complaint

Article 139 – (1) Except for recording personal data, unlawfully providing or seizing data and not destroying data, the investigation and prosecution of the crimes included in this section are subject to a complaint.

Implementation of security measures on legal entities

Article 140 – (1) Security measures specific to legal entities are imposed on them due to the commission of crimes defined in the above articles.

CHAPTER TEN

Crimes Against Property

Theft

Article 141 – (1) A person who takes movable property belonging to another person without the consent of the possessor, for the purpose of providing benefit to himself or to another person, shall be sentenced to imprisonment from one to three years.

(2) (Repealed: 2/7/2012-6352/105 art.)

Qualified theft

Article 142- (1) The crime of theft;

1. a) Regarding the property located in public institutions and organizations or places reserved for worship or allocated for public benefit or service, regardless of who owns it,
2. b) (Repealed: 18/6/2014-6545/62 art.)
3. c) Regarding the goods found in the means of transport offered for the use of the public or at certain destinations or departure points,
4. d) Regarding the goods prepared for the purpose of preventing or alleviating the damage that may occur due to a disaster or a general disaster,
5. e) Regarding the items left out in the open due to their custom, allocation or use,
6. f) (Repealed: 2/7/2012-6352/82 art.)

If committed, a prison sentence of three to seven years is imposed.

(2) The crime;

1. a) Taking advantage of the person’s inability to protect his property or his death,
2. b) By pulling the item carried in the hand or on the person or by using special skills,
3. c) Taking advantage of the fear or chaos caused by a natural disaster or social events,
4. d) By opening a lock or preventing it from being locked with an unlawfully obtained or counterfeit key or other tool,
5. e) By using information systems,
6. f) By taking precautions to avoid being recognized or by assuming an official title without having the authority to do so,
7. g) (…) About 63 large or small cattle,
8. h) (Added: 18/6/2014-6545/62 art.) Regarding the items that are left in a place accessible to everyone but kept locked or in the building or its annexes,

If committed, the sentence is imprisonment from five to ten years. If the crime is committed against a person who is physically or mentally incapable of defending himself/herself as specified in subparagraph (b) of this paragraph, the sentence is increased by one third.

(3) If the crime is committed in facilities related to liquid or gaseous energy and its transportation, processing or storage, the sentence is five to twelve years’ imprisonment. If this act is committed within the scope of the activities of an organization, the sentence is increased by half and a judicial fine of up to ten thousand days is imposed.

(4) (Added: 6/12/2006 – 5560/6 art.) In case of violation of the inviolability of the residence or damage to property for the purpose of committing the crime of theft, a complaint is not required for investigation and prosecution of these crimes.

(5) (Added: 18/6/2014-6545/62 art.) In case of temporary disruption of public services in the field of communication, energy or railway or air transportation as a result of the crime of theft, the penalty to be imposed in accordance with the provisions of the above paragraphs shall be increased by half to two times.

The crime was committed at night

Article 143 – (1) If the crime of theft is committed at night, the penalty is increased by half.

Situations requiring lesser punishment

Article 144- (1) The crime of theft;

1. a) On the property owned jointly or by shareholders,
2. b) For the purpose of collecting a receivable based on a legal relationship,

If committed, upon complaint, the perpetrator is sentenced to imprisonment from two months to one year or a judicial fine.

The value of the goods is low

Article 145- (1) (Amended: 29/6/2005 – 5377/16 art.) Due to the low value of the property constituting the subject of the crime of theft, the penalty to be given may be reduced, or the penalty may be waived, taking into account the manner and characteristics of the crime committed.

Use theft

Article 146 – (1) If the crime of theft is committed with the purpose of using the property temporarily and returning it to its possessor, the penalty to be imposed shall be reduced by half upon complaint. However, this provision shall not apply if the property has been used to commit a crime.

State of necessity

Article 147 – (1) If the crime of theft is committed to meet a serious and urgent need, the penalty may be reduced or waived depending on the nature of the incident.

Spoil

Article 148 – (1) A person who compels another person to deliver property or not to resist taking property by threatening or using force that he will commit an attack on his or her life, physical or sexual integrity or that he or she will cause great damage to his or her property, shall be punished with imprisonment from six to ten years.

(2) The same penalty is imposed if, by using force or threat, the victim is forced to give a promissory note that could oblige him or another person or a document declaring that an existing promissory note is invalid, not to resist the receipt of such a promissory note, to sign a paper that could later be converted into such a promissory note, or to destroy an existing promissory note or not to resist its destruction.

(3) Making the victim unaware of and unable to defend himself by any means is also considered force in the crime of plunder.

Qualified plunder

Article 149- (1) The crime of plunder;

1. a) With a gun,
2. b) By making the person unrecognizable,
3. c) By more than one person together,
4. d) (Amended: 18/6/2014-6545/64 art.) By blocking the road or in a residence, workplace or their annexes,
5. e) Against a person who is physically or mentally incapable of defending himself,
6. f) By taking advantage of the intimidating power of existing or assumed criminal organizations,
7. g) In order to benefit a criminal organization,
8. h) At night time,

If committed, the perpetrator is sentenced to imprisonment from ten to fifteen years.

(2) If the aggravated circumstances of the crime of intentional wounding occur during the commission of the crime of plunder, the provisions regarding the crime of intentional wounding shall also apply.

Situation requiring lesser punishment

Article 150 – (1) If a person uses threat or force in order to collect a receivable based on a legal relationship, only the provisions regarding the crime of threat or intentional injury shall apply.

(2) Due to the low value of the property that constitutes the crime of plunder, the penalty may be reduced from one third to one half.

Damage to property

Article 151 – (1) A person who partially or completely demolishes, damages, destroys, renders unusable or pollutes another person’s movable or immovable property shall be punished with imprisonment from four months to three years or a judicial fine upon the complaint of the victim.

(2) (Repealed: 9/7/2021-7332/17 art.) 

Qualified cases of damage to property

Article 152- (1) The crime of damaging property;

1. a) Regarding places, buildings, facilities or other items belonging to public institutions and organizations, allocated to public service or reserved for public use,
2. b) Any property or facility allocated for protection against fire, flood, accidents and other disasters,
3. c) Any planted tree, sapling or vine, wherever it may be, except for places with state forest status,
4. d) Facilities used for irrigation, provision of drinking water or protection against disasters,
5. e) In cases of strike or lockout, buildings, facilities or property owned or used by employers or employees or employer or employee unions or confederations,
6. f) Buildings, facilities or goods owned or used by political parties, professional organizations with public institution status and their parent organizations,
7. g) To the detriment of a public official in order to take revenge for his duty, even if it has ended,

If committed, the perpetrator is sentenced to imprisonment from one to four years.

(2) The crime of damaging property;

1. a) By burning, using incendiary or explosive substances,
2. b) By causing landslides, avalanches, floods or inundations,
3. c) By exposing to radiation, using nuclear, biological or chemical weapons,

If committed, the penalty shall be increased by one fold.

(3) (Added: 18/6/2014-6545/65 art.) In case of temporary disruption of public services in the field of communication, energy or railway or air transportation as a result of the crime of damaging property, the penalty to be imposed in accordance with the provisions of the above paragraphs shall be increased by half to two times.

Damaging places of worship and cemeteries

Article 153 – (1) Anyone who damages places of worship, their annexes, the belongings in them, graves, the structures on them, the facilities in cemeteries, or the structures built for the protection of cemeteries by demolishing, damaging or breaking them shall be punished with imprisonment from one to four years.

(2) A person who pollutes the places and structures specified in the first paragraph shall be punished with imprisonment from three months to one year or a judicial fine.

(3) If the acts in the first and second paragraphs are committed with the intention of insulting the segment of society that adopts the relevant religious belief, the penalty is increased by one third.

Encroachment on unjust ground

Article 154 – (1) (Amended: 25/2/2009-5841/1 art.) A person who occupies, in whole or in part, the real estate or annexes of another person, without any right, as if he were the owner, or who changes or disrupts their boundaries, or who prevents the rightful owner from benefiting from them, even partially, shall be sentenced to imprisonment from six months to three years and a judicial fine of up to one thousand days, upon the complaint of the person harmed by the crime.

(2) The penalties stated in the first paragraph shall be applied to those who partially or completely seize, dispose of or cultivate immovable property such as pastures, threshing floors, roads and watering holes, knowing that they belong to the legal entity of the village or have long been left for the common use of the villagers.

(3) The penalties stated in the first paragraph shall be applied to anyone who changes the course of water belonging to public or private persons.

Abuse of trust

Article 155 – (1) A person who disposes of property belonging to another person and whose possession has been transferred to him for the purpose of keeping or using it in a certain way, for the benefit of himself or another person, other than the purpose of transfer of possession, or who denies the fact of such transfer, shall be punished with imprisonment from six months to two years and a judicial fine upon complaint.

(2) If the crime is committed on property entrusted or delivered as a requirement of a professional, artistic, commercial or service relationship or the authority to manage another person’s property, regardless of the reason, the person shall be sentenced to imprisonment from one to seven years and a judicial fine of up to three thousand days.

Using free promissory notes

Article 156 – (1) A person who uses a promissory note that has become unpaid shall be sentenced to imprisonment from six months to two years and a judicial fine, upon complaint.

Fraud

Article 157 – (1) A person who deceives another person through fraudulent behaviour and provides a benefit to himself or another person to the detriment of that person or another person shall be sentenced to imprisonment from one to five years and a judicial fine of up to five thousand days.

Aggravated fraud

Article 158- (1) The crime of fraud;

1. a) By exploiting religious beliefs and feelings,
2. b) By taking advantage of the dangerous situation or difficult conditions that the person is in,
3. c) By taking advantage of the person’s weakness of perception,
4. d) By using public institutions and organizations, public professional organizations, political parties, foundations or associations as legal entities,
5. e) To the detriment of public institutions and organizations,
6. f) By using information systems, banks or credit institutions as tools,
7. g) By taking advantage of the convenience provided by press and publication tools,
8. h) During the commercial activities of persons who are merchants or company managers or who act on behalf of the company; cooperative managers within the scope of the cooperative’s activities,
9. i) By abusing the trust placed in them by freelancers due to their profession,
10. j) In order to ensure that a loan is opened that should not be allocated by a bank or other credit institutions,
11. k) In order to receive the insurance premium,
12. l) (Added: 24/11/2016-6763/14 art.) By introducing himself as a public official or an employee of a bank, insurance or credit institution or stating that he is affiliated with these institutions and organizations,

If committed, a prison sentence of three to ten years and a judicial fine of up to five thousand days shall be imposed. (Additional sentence: 29/6/2005 – 5377/19 article; Amended: 3/4/2013 – 6456/40 article) However, in the cases listed in subparagraphs (e), (f), (j), (k) and (l), the lower limit of the prison sentence shall not be less than four years, and the amount of the judicial fine shall not be less than twice the benefit obtained from the crime.

(2) A person who obtains benefits from another person by deceiving him by claiming to have a relationship with public officials and being respected by them, and by promising to do a certain job, shall be punished in accordance with the provision of the above paragraph.

(3) (Additional paragraph: 24/11/2016-6763/14 art.) If the crimes set out in this article and article 157 are committed by three or more people together, the penalty to be given is increased by half; if the crimes are committed within the scope of the activities of an organisation established to commit crimes, the penalty to be given is increased by one fold.

Situation requiring lesser punishment

Article 159 – (1) If the fraud is committed for the purpose of collecting a receivable based on a legal relationship, a prison sentence of six months to one year or a judicial fine shall be imposed upon complaint.

Disposition of lost or mistakenly obtained items

Article 160 – (1) A person who acts as the owner on an item that has been lost or seized by mistake, without returning it or informing the competent authorities, shall be punished with imprisonment of up to one year or a judicial fine upon complaint.

Fraudulent bankruptcy

Article 161 – (1) A person who makes fraudulent transactions to reduce his/her assets shall be sentenced to imprisonment from three to eight years if he/she is declared bankrupt before or after these fraudulent transactions. For the existence of fraudulent bankruptcy;

1. a) Hiding, concealing or causing the value of goods that are collateral for creditors’ receivables,
2. b) Concealing or destroying commercial books, records or documents to prevent the disclosure of intentions to evade assets,
3. c) Preparing documents that will cause an increase in debts as if there were such a relationship, even though there is no actual debt and receivable relationship.
4. d) Understatement of assets through false accounting records or preparation of false balance sheets,

should.

Negligent bankruptcy

Article 162 – (1) A person who causes bankruptcy by not showing the care and attention required by being a merchant shall be punished with imprisonment from two months to one year, if a decision of bankruptcy is made.

Benefit from free use

Article 163 – (1) A person who benefits from a service provided through vending machines without paying for it shall be punished with imprisonment from two to six months or a judicial fine.

(2) Anyone who benefits from encrypted or unencrypted broadcasts made via telephone lines and frequencies or electromagnetic waves without the consent of the owner or possessor shall be punished with imprisonment from six months to two years or a judicial fine.

(3) (Added: 2/7/2012-6352/83 art.) If the electricity, water or natural gas that can be used on a subscription basis is consumed without the consent of the owner and in a way that prevents the determination of the consumption amount, the person shall be sentenced to imprisonment from one to three years.

Incorrect information about companies or cooperatives

Article 164 – (1) If the founders, partners, managers, directors or representatives of a company or cooperative, or members of the board of directors or audit board, or those who hold the title of liquidator, give or cause to be given false and important information that may cause damage to the relevant parties in their statements to the public or in their reports or proposals submitted to the general assembly, they shall be punished with imprisonment from six months to three years or a judicial fine of up to one thousand days.

Purchase or acceptance of criminal property

Article 165 – (Amended: 26/6/2009 – 5918/3 art.)

(1) A person who sells, transfers, purchases or accepts goods or other property obtained through the commission of a crime, without participating in the commission of this crime, shall be punished with imprisonment from six months to three years and a judicial fine of up to ten thousand days.

Not giving information

Article 166 – (1) A person who learns that the goods he obtained based on a legal relationship were obtained by committing a crime or as a result of committing a crime, but fails to report the crime to the competent authorities without delay, shall be punished with imprisonment of up to six months or a judicial fine.

Personal reason for impunity or personal reason for reduction of sentence

Article 167 – (1) The crimes included in this section, except for plunder and qualified plunder;

1. a) One of the spouses for whom no separation decision has been made,
2. b) An ancestor or descendant or one of the relatives in-laws at this level or an adoptive or adopted child,
3. c) One of the siblings living together in the same residence,

If the act is committed to the detriment of the relative, no penalty is imposed on him/her.

(2) If these crimes are committed to the detriment of one of the spouses for whom a separation decision has been made, one of the siblings who do not live together in the same house, or an uncle, maternal aunt, nephew, niece or second degree relatives-in-law living together in the same house, the penalty to be given to the relevant relative upon complaint shall be reduced by half.

Active repentance

Article 168 – (Amended: 29/6/2005 – 5377/20 art.) 

(1) After the crimes of theft, damage to property, breach of trust, fraud, fraudulent bankruptcy, negligent bankruptcy (…) have been committed, but before the prosecution begins, if the perpetrator, instigator or aider personally shows remorse and completely compensates the victim for the damage suffered by returning the same or making compensation, the penalty to be imposed shall be reduced by up to two-thirds.

(2) If effective remorse is shown after the prosecution has started but before the verdict is given, the sentence will be reduced by up to half.

(3) The penalty to be given to a person who shows effective remorse for the crime of plunder shall be reduced by half in the cases falling within the first paragraph, and by one third in the cases falling within the second paragraph.

(4) In case of partial restitution or compensation, the consent of the victim is also required in order to apply the provisions of effective repentance.

(5) (Added: 2/7/2012 – 6352/84 art.) In the crime of benefiting without consideration, if the perpetrator, instigator or aider shows remorse and fully compensates the damage suffered by the victim, the public or a private legal entity before the investigation is completed, no public lawsuit shall be filed; if the damage is fully compensated before the verdict is given, the penalty to be imposed shall be reduced by up to one third. However, the person cannot benefit from the provision of this paragraph more than twice.

Implementation of security measures on legal entities

Article 169 – (1) Security measures specific to legal entities that have been subject to unfair advantage through the commission of the crimes of theft, breach of trust and fraud are imposed on them.

PART THREE

Crimes Against Society

CHAPTER ONE

Crimes Causing General Danger

Intentionally endangering public safety

Article 170 – (1) In a manner that is dangerous to the life, health or property of individuals or that may cause fear, anxiety or panic in individuals;

1. a) Incendiary,
2. b) Causing building collapse, landslide, avalanche, flood or inundation,
3. c) Shooting a gun or using explosives,

the person is punished with imprisonment from six months to three years.

(2) Anyone who causes a fire, building collapse, landslide, avalanche, flood or inundation risk shall be punished with imprisonment from three months to one year or a judicial fine.

Endangering public safety through negligence

Article 171- (1) By negligence;

1. a) Fire,
2. b) Building collapse, landslide, avalanche, flood or inundation,

If the act endangers the life, health or property of others, the person causing the act is punished with imprisonment from three months to one year.

Radiation emission

Article 172- (1) A person who exposes another person to radiation with the intention of damaging their health and in a manner that is suitable for achieving this purpose shall be punished with imprisonment from three to fifteen years.

(2) If the act in the first paragraph is committed against an indefinite number of people, the sentence is imprisonment for not less than five years.

(3) A person who emits radiation in a way that is likely to cause significant harm to the life, health or property of another person or who affects the disintegration of atomic nuclei shall be punished with imprisonment from two to five years.

(4) A person who causes radiation to be emitted or atomic nuclei to disintegrate in violation of the obligation to exercise due care and diligence during the operation of a laboratory or facility shall be punished with imprisonment from six months to three years if the act is likely to cause significant harm to the life, health or property of another person.

Causing an explosion with atomic energy

Article 173- (1) A person who causes an explosion by releasing atomic energy and thereby endangers the life, health or property of another person shall be punished with imprisonment for not less than five years.

(2) If the act defined in the above paragraph is committed by negligence, a prison sentence of two to five years shall be imposed.

Unauthorized possession or transfer of hazardous materials

Article 174 – (1) A person who manufactures, imports or exports, transports, stores, sells, purchases or processes nuclear, radioactive, chemical or biological substances that are explosive, corrosive, corrosive, injurious, suffocating, poisonous or cause permanent illness from one place to another within the country without obtaining the necessary permission from the competent authorities shall be punished with imprisonment from four to eight years and a judicial fine of up to five thousand days. A person who imports, exports, offers for sale, gives to others, transports, stores, purchases, accepts or possesses the necessary materials and equipment for the purpose of manufacturing, processing or using the substances falling within the scope of this paragraph without the permission of the competent authorities shall be punished with the same penalty.

(2) If these acts are committed within the scope of the activities of an organisation established to commit crimes, the penalty shall be increased by one fold.

(3) A person who purchases, accepts or possesses an insignificant type or quantity of explosives shall be sentenced to imprisonment of up to one year, taking into account the purpose for which it is used.

Breach of duty of care and supervision over mentally ill person

Article 175 – (1) A person who neglects his/her duty of care and supervision over a mentally ill person in a way that may endanger the life, health or property of others shall be punished with imprisonment of up to six months or a judicial fine.

Failure to comply with safety regulations regarding construction or demolition

Article 176 – (1) A person who does not take the necessary precautions for human life or physical integrity during construction or demolition activities shall be punished with imprisonment from three months to one year or a judicial fine.

Releasing an animal in a way that could cause danger

Article 177 – (1) A person who releases an animal under his supervision in a way that may endanger the life or health of others or who neglects to keep them under control shall be punished with imprisonment of up to six months or a judicial fine.

No signs or obstacles

Article 178 – (1) A person who does not put up the necessary signs or barriers to prevent the danger arising from the work being done or the objects left in the places where everyone passes, who removes the signs or barriers that have been put up or changes their place, shall be punished with imprisonment from two to six months or a judicial fine.

Endangering traffic safety

Article 179 – (1) A person who causes danger to the life, health or property of others by changing any kind of sign placed to ensure the safe flow of land, sea, air or railway transportation, rendering it unusable, removing it from where it was placed, giving false signs, placing something on the passage, arrival, departure or landing routes or interfering with the technical operating system shall be sentenced to imprisonment from one to six years.

(2) A person who directs and manages land, sea, air or railway transportation vehicles in a manner that may endanger the life, health or property of persons shall be punished with imprisonment from four months to two years.

(3) A person who drives a vehicle despite being unable to drive and manage it safely due to the influence of alcohol or drugs or for any other reason shall be punished with imprisonment from six months to two years.

Endangering traffic safety through negligence

Article 180 – (1) Anyone who negligently causes a danger to the life, health or property of persons in sea, air or railway transportation shall be sentenced to imprisonment from three months to three years.

CHAPTER TWO

Crimes Against the Environment

Deliberate pollution of the environment

Article 181- (1) A person who deliberately releases waste or residues into the soil, water or air in a manner that harms the environment and in violation of the technical procedures determined by the relevant laws shall be punished with imprisonment from six months to two years.

(2) A person who brings waste or residues into the country without permission shall be punished with imprisonment from one to three years.

(3) If the waste or residues have a permanent property in the soil, water or air, the penalty to be given according to the above paragraphs shall be increased by two times.

(4) If the acts defined in the first and second paragraphs are committed in relation to waste or residues that have the potential to cause diseases that are difficult to treat in humans or animals, to impair the ability to reproduce, or to change the natural characteristics of animals or plants, a prison sentence of not less than five years and a judicial fine of up to one thousand days shall be imposed.

(5) Security measures specific to legal entities shall be imposed on them due to the acts in the second, third and fourth paragraphs of this article.

Pollution of the environment through negligence

Article 182 – (1) A person who negligently causes waste or residue to be released into the soil, water or air in a way that harms the environment shall be punished with a judicial fine. If these waste or residues leave a permanent effect on the soil, water or air, he shall be sentenced to imprisonment from two months to one year.

(2) A person who negligently causes the release of waste or residues into the soil, water or air that may cause diseases difficult to treat in humans or animals, impair the ability to reproduce, or change the natural characteristics of animals or plants shall be punished with imprisonment from one to five years.

Do not cause noise

Article 183 – (1) A person who causes noise in a manner that is likely to harm the health of another person, in violation of the obligations determined by the relevant laws, shall be punished with imprisonment from two months to two years or a judicial fine.

Causing construction pollution

Article 184 – (1) A person who constructs or has constructed a building without a building permit or in violation of the permit shall be punished with imprisonment from one to five years.

(2) Any person who allows electricity, water or telephone connections to be made to construction sites established as a result of construction initiated without a building permit shall be penalized in accordance with the provision of the above paragraph.

(3) Anyone who allows any industrial activity to be carried out in buildings for which no occupancy permit has been obtained shall be punished with imprisonment from two to five years.

(4) Except for the third paragraph, the provisions of this article shall only be applied within the municipal borders or in places subject to a special zoning regime.

(5) If a person brings a building that he has built without a license or in violation of a license into compliance with the zoning plan and license, no public lawsuit will be filed in accordance with the provisions of the first and second paragraphs, the filed public lawsuit will be dismissed, and the sentence will be annulled with all its consequences.

(6) (Added: 29/6/2005 – 5377/21 art.) The provisions of the second and third paragraphs shall not apply to buildings constructed before 12 October 2004.

CHAPTER THREE

Crimes Against Public Health

Adding toxic substances

Article 185 – (1) Anyone who endangers the life and health of people by adding poison to drinking water or any kind of food or thing to be eaten or drunk or used or consumed or by spoiling them in other ways shall be sentenced to imprisonment from two to fifteen years.

(2) If the acts specified in the above paragraph are committed in violation of the obligation of care and diligence, a prison sentence of three months to one year is imposed.

Trade in spoiled or altered food or drugs

Article 186 – (1) Anyone who sells, supplies or possesses any kind of edible or drinkable goods or medicines that have been spoiled or changed in a way that endangers the life and health of individuals shall be sentenced to imprisonment from one to five years and a judicial fine of up to one thousand five hundred days.

(2) If this crime is committed within the scope of the practice of a profession or art based on official permission, the penalty shall be increased by one third.

Making or selling drugs in a way that endangers people’s life and health

Article 187 – (1) Anyone who produces or sells drugs in a way that endangers the life and health of individuals shall be sentenced to imprisonment from one to five years and a judicial fine.

(2) If this crime is committed by a physician or pharmacist or within the scope of the practice of a profession or art carried out with official permission, the penalty shall be increased by one third.

Manufacturing and trafficking of narcotic or stimulant substances

Article 188 – (1) A person who manufactures, imports or exports narcotic or stimulant substances without a license or in violation of a license shall be punished with imprisonment from twenty to thirty years and a judicial fine from two thousand to twenty thousand days.

(2) The part of the sentence imposed as a result of the trial held in another country due to the act of exporting narcotic or stimulant substances being considered as importation shall be deducted from the sentence imposed as a result of the trial to be held in Türkiye due to the export of narcotic or stimulant substances.

(3) Anyone who sells, offers for sale, gives to others, ships, transports, stores, buys, accepts or possesses narcotic or stimulant substances within the country without a license or in violation of a license shall be punished with imprisonment of not less than ten years and a judicial fine of one thousand to twenty thousand days. (Additional sentence: 18/6/2014 – 6545/66 art.) However, if the person to whom the narcotic or stimulant substance is given or sold is a child, the prison sentence to be given to the giver or seller shall not be less than fifteen years.

(4) (Amended: 27/3/2015-6638/11 art.) a) The narcotic or stimulant substances specified in the above paragraphs are heroin, cocaine, morphine, base morphine, synthetic cannabinoids and their derivatives, synthetic cathinone and its derivatives, synthetic opioids and their derivatives or amphetamine and its derivatives,

1. b) The acts in the third paragraph are committed in public or open-to-public places within a distance of less than two hundred meters from buildings and facilities such as schools, dormitories, hospitals, barracks or places of worship where people are gathered for treatment, education, military and social purposes, and their boundaries, if any, determined by perimeter walls, wire fences or similar obstacles or signs.

In this case, the penalty to be given is increased by half.

(5) (Amended: 18/6/2014 – 6545/66 art.) If the crimes indicated in the above paragraphs are committed by three or more people together, the penalty to be given is increased by half. If the crimes are committed within the scope of the activities of an organization established to commit crimes, the penalty to be given is increased by one fold.

(6) The provisions of the above paragraphs shall also apply to any substance that has a narcotic or stimulant effect and whose production is subject to the permission of official authorities or whose sale is subject to a prescription issued by an authorized physician. (Additional sentence: 29/6/2005 – 5377/22 art.) However, the penalty to be imposed may be reduced by up to half.

(7) Anyone who imports, manufactures, sells, purchases, ships, transports, stores or exports a substance that does not have a narcotic or stimulant effect but is used in the production of narcotic or stimulant substances and whose import or production is subject to the permission of official authorities shall be punished with imprisonment for not less than eight years and a judicial fine of one thousand to twenty thousand days.

(8) If the crimes defined in this article are committed by a physician, dentist, pharmacist, chemist, veterinarian, health officer, laboratory technician, midwife, nurse, dental technician, caregiver, health service provider, or a person engaged in chemistry or pharmaceutical trade, the penalty shall be increased by half.

Implementation of security measures on legal entities

Article 189 – (1) If the crime of manufacturing and trading narcotic or stimulant substances is committed within the scope of the activities of a legal entity, security measures specific to such legal entity shall be imposed.

Facilitating the use of narcotic or stimulant substances

Article 190- (1) To facilitate the use of narcotic or stimulant substances;

1. a) Providing special space, equipment or materials,
2. b) Taking measures to make it difficult to catch users,
3. c) Informing others about the methods of use,

The person shall be punished with imprisonment from five to ten years and a judicial fine from one thousand to ten thousand days.

(2) A person who publicly encourages the use of narcotic or stimulant substances or makes publications of this nature shall be sentenced to imprisonment from five to ten years. from one thousand days to ten thousand days shall be punished with a fine.82

(3) If the crimes defined in this article are committed by a physician, dentist, pharmacist, chemist, veterinarian, health officer, laboratory technician, midwife, nurse, dental technician, caregiver, health service provider, or a person engaged in the chemical or pharmaceutical trade, the penalty to be imposed shall be increased by half.83

Purchasing, accepting or possessing drugs or stimulants for use or using drugs or stimulants

Article 191- (Amended: 18/6/2014 – 6545/68 art.)

(1) A person who buys, accepts or possesses narcotic or stimulant substances for use or uses narcotic or stimulant substances shall be punished with imprisonment from two to five years.

(2) In the investigation initiated for this crime, it is decided to postpone the opening of a public lawsuit against the suspect for five years, without seeking the conditions in Article 171 of the Criminal Procedure Code No. 5271 dated 4/12/2004. In this case, the public prosecutor warns the suspect about the consequences that may arise if he/she does not act in accordance with the obligations imposed on him/her or violates the prohibitions during the postponement period. (Additional sentence: 28/3/2023-7445/18 art.) The postponement decision is also notified to the law enforcement units.

(3) (Amended: 28/3/2023-7445/18 art.) During the postponement period, a probation measure shall be applied to the suspect for a minimum of one year. This period may be extended for a maximum of two years for periods of six months upon the proposal of the probation directorate or ex officio by the decision of the public prosecutor. The person for whom a probation measure has been given may be subject to treatment during the probation period, if deemed necessary. The public prosecutor shall decide to refer the suspect to the relevant institution at least twice a year to determine whether he/she has used narcotics or stimulants during the postponement period.

(4) During the postponement period, the person;

1. a) Insisting on not acting in accordance with the obligations imposed on him or the requirements of the treatment applied,
2. b) Purchasing, accepting or possessing narcotic or stimulant substances for re-use,
3. c) Use of narcotic or stimulant substances,

In this case, a public lawsuit is filed against him/her.

(5) If a person buys, accepts or possesses drugs or stimulants for use again during the postponement period, or uses drugs or stimulants, this will be deemed a violation in accordance with the fourth paragraph and will not be subject to a separate investigation or prosecution.

(6) In investigations opened after the public lawsuit has been filed in accordance with the fourth paragraph, on the grounds that the crime defined in the first paragraph has been committed again, a decision to postpone the filing of a public lawsuit in accordance with the second paragraph cannot be made.

(7) If the suspect does not act contrary to the obligations specified in the fourth paragraph and does not violate the prohibitions during the postponement period, a decision of not prosecuting him/her is made.

(8) This Law;

1. a) Manufacturing and trading of narcotic or stimulant substances as defined in Article 188,
2. b) Facilitating the use of narcotic or stimulant substances as defined in Article 190,

If, during the prosecution phase of a crime, it is understood that the crime falls exclusively within the scope of this article, a decision is made to postpone the announcement of the verdict regarding the defendant within the framework of the provisions of this article.

(9) Unless otherwise regulated in this article, the provisions of Article 171 of the Code of Criminal Procedure regarding the postponement of the filing of a public lawsuit or Article 231 regarding the postponement of the announcement of the verdict shall apply.

(10) (Added: 27/3/2015-6638/12 art.) If the acts in the first paragraph are committed in public or open-to-public places within a distance of less than two hundred meters from buildings and facilities such as schools, dormitories, hospitals, barracks or places of worship where people are gathered for treatment, education, military and social purposes, and their boundaries, if any, determined by perimeter walls, wire fences or similar obstacles or signs, the penalty to be given shall be increased by half.

Active repentance

Article 192 – (1) If a person who has participated in the crime of manufacturing and trading narcotic or stimulant substances informs the authorities about other accomplices and the places where narcotic or stimulant substances are hidden or manufactured, before the official authorities are informed about it, he shall not be sentenced if the information provided leads to the capture of the accomplices or the seizure of the narcotic or stimulant substance.

(2) If a person who buys, accepts or possesses narcotic or stimulant substances for use, informs the authorities from whom, where and when he obtained the substance, before the official authorities are informed, and facilitates the apprehension of criminals or the seizure of the narcotic or stimulant substance, he shall not be sentenced.

(3) The penalty to be given to a person who voluntarily helps and assists in the detection of the crime and the capture of the perpetrator or other accomplices after being informed of these crimes shall be reduced by one-fourth to one-half, depending on the nature of the assistance.

(4) If a person who uses drugs or stimulants applies to official authorities or health institutions and requests treatment before an investigation is initiated against him/her for purchasing, accepting or possessing drugs or stimulants for use, no penalty will be imposed. (Additional sentence: 24/11/2016-6763/16 art.) In this case, public officials and health professionals are not obliged to report the crime in accordance with articles 279 and 280.

Manufacturing and trading of toxic substances

Article 193- (1) A person who produces, possesses, sells or transports a substance that contains poison and whose production, possession or sale requires permission, without permission, shall be punished with imprisonment from two months to one year.

Supply of substances hazardous to health

Article 194- (1) Anyone who gives or offers for consumption substances that may pose a health hazard to children, mentally ill patients or volatile substance users shall be punished with imprisonment from six months to one year.

Violating measures against infectious diseases

Article 195- (1) A person who does not comply with the measures taken by the competent authorities regarding the quarantine of the place where a person who has contracted a contagious disease or died from one of these diseases is located shall be punished with imprisonment from two months to one year.

Illegal burial

Article 196 – (1) A person who buries or has buried a dead body in a place other than the places designated for burial shall be punished with imprisonment of up to six months.

CHAPTER FOUR

Crimes Against Public Trust

Counterfeiting of money

Article 197 – (1) Anyone who produces counterfeit money that is legally in circulation in the country or in foreign countries, imports it into the country, transports it, keeps it or puts it into circulation shall be punished with imprisonment from two to twelve years and a judicial fine of up to ten thousand days.

(2) A person who knowingly accepts counterfeit money shall be punished with imprisonment from one to three years and a judicial fine.

(3) A person who puts into circulation money that he accepted without knowing that it was counterfeit, knowing that it was counterfeit, shall be punished with imprisonment from three months to one year.

Values considered equal to money

Article 198 – (1) Bearer bonds, shares, bonds and coupons issued by the State, promissory notes, bonds and documents issued by authorized institutions and legally circulating, and national gold ornaments are deemed to be money.

Counterfeiting of valuable stamps

Article 199 – (1) Anyone who produces, imports, transports, preserves or puts into circulation a counterfeit valuable stamp shall be punished with imprisonment from one to five years and a judicial fine.

(2) A person who knowingly accepts a counterfeit valuable stamp shall be punished with imprisonment from three months to one year and a judicial fine.

(3) A person who puts into circulation a valuable stamp, knowing that it is fake, without knowing that it is fake, shall be punished with imprisonment from one to six months.

(4) Stamped papers, postage stamps and stamps used to document payment of a certain amount of tax or duty are considered valuable stamps.

Tools for making money and valuable stamps

Article 200 – (1) Anyone who produces, imports into the country, sells, transfers, purchases, accepts or keeps any equipment or material used in the production of coins and valuable stamps without permission shall be punished with imprisonment from one to four years and a judicial fine.

Active repentance

Article 201 – (1) If a person who produces, imports, transports, keeps or accepts counterfeit money or valuable stamps into the country, informs the authorities about other accomplices and the places where the counterfeit money or valuable stamps are produced or stored, before putting these money or valuable stamps into circulation and before the official authorities are informed, he shall not be sentenced if the information provided leads to the apprehension of the accomplices and the seizure of the counterfeit money or valuable stamps.

(2) If a person who produces, imports, sells, transfers, purchases, accepts or keeps the tools and materials used in the production of counterfeit money or valuable stamps without permission informs the relevant authorities about other accomplices and the places where these materials are produced or stored, before the official authorities are informed, he/she will not be sentenced if the information provided leads to the capture of the accomplices and the seizure of these materials.

Forgery of the seal

Article 202- (1) Anyone who produces or uses a counterfeit seal used by the Presidency, the Presidency of the Turkish Grand National Assembly and the Prime Ministry shall be punished with imprisonment from two to eight years.

(2) Anyone who produces or uses a fake certifying or certification seal used by public institutions and organizations or professional organizations with the status of a public institution shall be punished with imprisonment from one to six years.

Breaking the seal

Article 203 – (1) A person who removes a seal placed to ensure the preservation of something or its existence in accordance with the law or the order of the competent authorities or who acts contrary to the purpose for which it was placed shall be punished with imprisonment from six months to three years or a judicial fine.

Forgery of official documents

Article 204 – (1) A person who forges an official document, changes a genuine official document in a way to deceive others, or uses a forged official document shall be punished with imprisonment from two to five years.

(2) A public official who forges an official document that he/she is authorized to issue in accordance with his/her duty, alters a genuine document in a way that deceives others, issues a document contrary to the truth, or uses a forged official document shall be punished with imprisonment from three to eight years.

(3) If the official document is a document that is valid until proven to be false, as required by law, the penalty to be imposed is increased by half.

Corrupting, destroying or concealing official documents

Article 205 – (1) A person who damages, destroys or conceals a genuine official document shall be sentenced to imprisonment from two to five years. If the crime is committed by a public official, the penalty shall be increased by half.

False statement in the preparation of an official document

Article 206 – (1) A person who makes a false statement to a public official who has the authority to issue an official document shall be punished with imprisonment from three months to two years or a judicial fine.

Forgery of private documents

Article 207 – (1) A person who prepares a false private document or changes and uses a genuine private document in a way to deceive others shall be punished with imprisonment from one to three years.

(2) A person who uses a forged private document knowingly shall be punished in accordance with the provision of the above paragraph.

Corrupting, destroying or concealing private documents

Article 208 – (1) A person who damages, destroys or conceals a genuine private document shall be punished with imprisonment from one to three years.

Abuse of open signature

Article 209 – (1) A person who fills in a signed and partially or completely blank paper, which was given to him to be filled in and used in a certain manner, in a manner different from the reason for which it was given, shall be punished with imprisonment from three months to one year upon complaint.

(2) A person who unlawfully obtains or possesses a signed and partially or completely blank paper and fills it in a way that will give rise to legal consequences shall be punished in accordance with the provisions of document forgery.

Documents having the force of official documents

Article 210 – (1) If the subject of the crime of forgery of a private document is a bill of exchange written to order or bearer, a document representing a commodity, a share certificate, a bond or a will, the provisions regarding the crime of forgery of an official document shall apply.

(2) A physician, dentist, pharmacist, midwife, nurse or other health professional who prepares a false document shall be sentenced to imprisonment from three months to one year. If the document prepared provides an unfair advantage to the person or has a nature that results in the detriment of the public or individuals, the penalty shall be imposed in accordance with the provisions for forgery of official documents.

Situation requiring lesser punishment

Article 211 – (1) If the crime of forgery of a document is committed for the purpose of proving a receivable based on a legal relationship or documenting a real situation, the penalty to be imposed shall be reduced by half.

Assembly

Article 212 – (1) If a forged official or private document is used during the commission of another crime, separate penalties shall be imposed for both forgery and the relevant crime.

CHAPTER FIVE

Crimes Against Public Peace

Threats to create fear and panic among the public

Article 213- (1) A person who publicly threatens life, health, body or sexual integrity or property with the aim of creating anxiety, fear and panic among the public shall be punished with imprisonment from two to four years.

(2) If the crime is committed with a weapon, the penalty may be increased by up to half depending on the nature of the weapon used.

Incitement to commit a crime

Article 214 – (1) A person who publicly incites someone to commit a crime shall be punished with imprisonment from six months to five years.

(2) A person who incites one section of the population to arm against another section and kill each other shall be punished with imprisonment from fifteen to twenty-four years.

(3) If the crimes subject to provocation are committed, the person who provoked shall be punished as the instigator of these crimes.

Praising crime and criminals

Article 215 – (1) A person who publicly praises a person for a crime committed or for a crime committed by that person shall be punished with imprisonment for up to two years if a clear and imminent danger to public order arises as a result of this.

Incitement of the public to hatred and hostility or humiliation

Article 216- (1) Anyone who openly incites a segment of society with different characteristics in terms of social class, race, religion, sect or region to hatred and hostility against another segment, shall be punished with imprisonment from one to three years if a clear and imminent danger to public security arises as a result of this.

(2) A person who publicly humiliates a segment of the population based on differences in social class, race, religion, sect, gender or region shall be punished with imprisonment from six months to one year.

(3) A person who publicly insults religious values adopted by a segment of the public shall be punished with imprisonment of six months to one year if the act is likely to disturb public peace.

Incitement to disobey the law

Article 217 – (1) A person who publicly incites the public not to obey the law shall be punished with imprisonment from six months to two years or a judicial fine if the incitement is likely to disturb public peace.

Publicly disseminating misleading information to the public

Article 217/A – (Added:13/10/2022-7418/29 art.)

(1) Anyone who publicly disseminates false information regarding the internal and external security of the country, public order and general health, in a manner likely to disturb public peace, with the sole purpose of creating anxiety, fear or panic among the public, shall be punished with imprisonment from one to three years.

(2) If the offender commits the crime by hiding his true identity or within the scope of the activities of an organisation, the penalty imposed in accordance with the first paragraph shall be increased by half.

Common provision

Article 218- (1) (Amended: 29/6/2005 – 5377/25 art.) In cases where the crimes defined in the above articles are committed through press and publication, the penalty to be given shall be increased by half. However, expressions of opinion that do not exceed the limits of reporting and are made for the purpose of criticism do not constitute a crime.

Abuse of religious services during duty

Article 219- (1) If a religious leader such as an imam, preacher, preacher, priest, rabbi, publicly criticizes and denigrates the government administration, the laws of the State and the government’s actions while performing his duty, he shall be punished with imprisonment from one month to one year and a judicial fine, or he may be sentenced to one of these.

(2) If any of the persons mentioned in the preceding paragraph, using this status, criticizes and denigrates the administration of the government, the laws, regulations and orders, or the duties and authorities of one of its departments, or incites and encourages the public to disobey the laws or government orders or to disobey the duties of the official in accordance with the duties of his/her official position, he/she shall be sentenced to imprisonment from three months to two years, a judicial fine, and be disqualified from performing that duty or receiving its benefits and contributions for a period of time or temporarily.

(3) The punishment stated in the paragraph above is also imposed on religious leaders and officials who use their own titles to force or persuade someone to do things or speak words that are contrary to the rights acquired according to the law.

(4) If one of them commits a crime other than the acts stated in the first paragraph by taking advantage of his religious status, he will be sentenced to the penalty stated in the law for that crime, provided that the amount is increased by one-sixth.

(5) However, if the law has taken this characteristic into consideration, there is no need to increase the penalty.

Establishing an organization for the purpose of committing a crime

Article 220 – (1) Those who establish or manage an organization for the purpose of committing acts deemed criminal by law shall be punished with imprisonment from four to eight years if the organization’s structure, number of members and means and equipment are suitable for committing the crimes. However, for the organization to exist, the number of members must be at least three.

(2) Members of an organisation established to commit a crime are punished with imprisonment from two to four years.

(3) If the organization is armed, the penalty to be given according to the above paragraphs shall be increased by one quarter to one half.

(4) If a crime is committed within the scope of the organization’s activities, punishment shall also be imposed for these crimes.

(5) The managers of the organization are also punished as perpetrators for all crimes committed within the scope of the organization’s activities.

(6) (Amended: 2/3/2024-7499/10 art.) A person who commits a crime on behalf of the organization, although not a member of the organization, shall be additionally sentenced to imprisonment from two years and six months to six years. Depending on the nature of the crime committed, the sentence may be reduced by up to half. The provision of this paragraph shall only apply to armed organizations.

(7) (Amended: 2/7/2012 – 6352/85 art.) A person who knowingly and willingly helps an organization, even if he/she is not a member of the hierarchical structure within the organization, shall be punished as a member of the organization. The penalty to be given due to membership of the organization may be reduced by up to one third, depending on the nature of the assistance provided.

(8) Anyone who makes propaganda in a way that legitimises or praises the methods of the organisation that include force, violence or threat, or encourages the use of such methods, shall be punished with imprisonment from one to three years. If this offence is committed through press and publication, the penalty to be given shall be increased by half.

Active repentance

Article 221 – (1) Before an investigation is initiated for the crime of establishing an organization for the purpose of committing a crime and before a crime is committed in line with the purpose of the organization, no punishment shall be imposed on the founders or managers who dissolve the organization or ensure the dissolution of the organization by providing information.

(2) If a member of the organization voluntarily informs the relevant authorities that he/she has left the organization without participating in any crime within the scope of the organization’s activities, no punishment will be imposed on him/her.

(3) If a member of the organization who is caught without participating in any crime within the scope of the organization’s activities feels remorse and provides information that will lead to the dissolution of the organization or the capture of its members, no punishment will be imposed on him.

(4) If a person who establishes, manages or is a member of an organisation for the purpose of committing a crime, or who commits a crime on behalf of the organisation without being a member, or who knowingly and willingly aids the organisation, surrenders voluntarily and provides information on crimes committed within the framework of the structure and activities of the organisation, he/she shall not be sentenced for the crime of establishing, managing or being a member of an organisation. If the person provides this information after being caught, the sentence to be given to him/her for this crime shall be reduced by one third to three quarters.

(5) Persons who benefit from effective repentance are sentenced to a probation measure for one year. The duration of the probation measure may be extended up to three years.

(6) (Added: 6/12/2006 – 5560/8 art.) The provisions of this article regarding effective repentance cannot be applied to a person more than once.

Hat and Turkish letters

Article 222- (Repealed: 2/3/2014-6529/16 art.)

CHAPTER SIX

Crimes Against Means of Transport or Fixed Platforms

Hijacking or detention of means of transport

Article 223 – (1) Anyone who prevents the movement of a land transportation vehicle by using force or threat or any other unlawful act, stops the vehicle while it is in motion or takes it from its destination to another place, shall be punished with imprisonment from one to three years.

(2) If the subject of the crime is a sea or railway transportation vehicle, the sentence is imprisonment from two to five years.

(3) Anyone who prevents the movement of an air transport vehicle by using force or threat or any other unlawful act or who takes the vehicle from its destination to another place shall be punished with imprisonment from five to ten years.

(4) An additional penalty is imposed due to the restriction of the liberty of individuals during the commission of these crimes.

(5) If the aggravated cases of these crimes occur due to the consequences of the crime of intentional wounding during the commission of these crimes, the provisions regarding the crime of intentional wounding shall also apply.

Occupation of fixed platforms on the continental shelf or in the exclusive economic zone

Article 224- (1) Anyone who seizes, seizes or takes under control a fixed platform established on the continental shelf or in the exclusive economic zone by using force or threat or by any other unlawful act shall be punished with imprisonment from five to fifteen years.

(2) An additional penalty is imposed due to the restriction of the liberty of individuals during the commission of this crime.

(3) If the aggravated circumstances of the crime of intentional wounding occur during the commission of this crime, the provisions regarding the crime of intentional wounding shall also apply.

CHAPTER SEVEN

Crimes Against Public Morality

Shameless actions

Article 225- (1) A person who engages in sexual intercourse in public or engages in exhibitionism shall be punished with imprisonment from six months to one year.

Obscenity

Article 226- (1) a) Anyone who gives products containing obscene images, texts or words to a child or shows, reads, has read or listens to their content,

1. b) Showing, displaying, reading, having read, telling or making others say their content in places where children can enter or see it, or in public,
2. c) Those who offer these products for sale or rent in a way that their content can be known,
3. d) Those who offer for sale, sell or rent these products outside of the shopping places dedicated to their sale,
4. e) Those who give or distribute these products free of charge or in addition to other goods or services sold,
5. f) Those who advertise these products,

The person is punished with imprisonment from six months to two years and a judicial fine.

(2) Anyone who publishes obscene images, texts or words through the press or publication or facilitates their publication shall be punished with imprisonment from six months to three years and a judicial fine of up to five thousand days.

(3) A person who uses children, representative images of children or persons who appear to be children in the production of products containing obscene images, texts or words shall be punished with imprisonment from five to ten years and a judicial fine of up to five thousand days. A person who imports, reproduces, offers for sale, sells, transports, stores, exports, possesses or offers these products for the use of others shall be punished with imprisonment from two to five years and a judicial fine of up to five thousand days.

(4) Anyone who produces, imports into the country, offers for sale, sells, transports, stores, offers for use by others or possesses products containing text, sounds or images of sexual acts performed using violence, with animals, on dead human bodies or in an unnatural way shall be punished with imprisonment from one to four years and a judicial fine of up to five thousand days.

(5) Anyone who publishes the content of the products in the third and fourth paragraphs through press and publication, or facilitates their publication, or enables children to see, listen to or read them, shall be punished with imprisonment from six to ten years and a judicial fine of up to five thousand days.

(6) Due to these crimes, security measures specific to legal entities are imposed.

(7) The provisions of this article shall not apply to scientific works, works of artistic and literary value, with the exception of the third paragraph, and provided that they are prevented from reaching children.

Prostitution

Article 227 – (1) A person who encourages a child to engage in prostitution, facilitates this, procures or shelters a child for this purpose, or acts as an intermediary in the prostitution of a child shall be punished with imprisonment from four to ten years and a judicial fine of up to five thousand days. Preparatory actions for the commission of this crime shall also be punished as if it were a completed crime.

(2) A person who encourages someone to engage in prostitution, facilitates this, acts as an intermediary for prostitution, or provides a place for it shall be punished with imprisonment from two to four years and a judicial fine of up to three thousand days. Making a living, in whole or in part, by using the earnings of the person who has been forced into prostitution shall be deemed to be encouraging prostitution.

(3) (Repealed: 6/12/2006 – 5560/45 art.; Re-arranged: 24/11/2016 – 6763/18 art.) A person who gives, distributes or disseminates products containing images, texts or words prepared for the purpose of facilitating or mediating prostitution shall be punished with imprisonment from one to three years and a judicial fine from two hundred to two thousand days.

(4) The penalty to be given to a person who incites a person to prostitution or ensures that the person does so by using force or threat, by deceit or by taking advantage of the person’s helplessness, shall be increased by half to twice the penalty imposed in accordance with the above paragraphs.

(5) If the crimes defined in the above paragraphs are committed by a spouse, ascendant, ascendant-in-law, sibling, adoptive parent, guardian, educator, instructor, caretaker, other persons who are under the obligation of protection and supervision, or by abusing the influence provided by public office or employment relationship, the penalty to be given shall be increased by half.

(6) If these crimes are committed within the scope of the activities of an organisation established to commit crimes, the penalty to be imposed in accordance with the above paragraphs shall be increased by half.

(7) Due to these crimes, security measures specific to legal entities are imposed.

(8) A person who is forced into prostitution may be subjected to treatment or psychological therapy.

Providing space and facilities for gambling 

Article 228 – (1) A person who provides a place or opportunity for gambling shall be punished with imprisonment from one to three years and a judicial fine of not less than two hundred days.

(2) If a place or opportunity is provided for children to gamble, the penalty shall be increased by one fold.

(3) (Added: 15/8/2017-KHK-694/139 art.; Approved as is: 1/2/2018-7078/134 art.) If the crime is committed by using information systems, a prison sentence of three to five years and a judicial fine of one thousand to ten thousand days shall be imposed.

(4) (Added: 15/8/2017-KHK-694/139 art.; Accepted as is: 1/2/2018-7078/134 art.) If the crime is committed within the scope of the activities of an organization, the penalty to be imposed is increased by half.

(5) Due to this crime, security measures specific to legal entities are imposed on them.

(6) In the application of the Criminal Code, gambling is a game played for the purpose of making money and where profit and loss depend on luck.

Beggary

Article 229 – (1) A person who uses children or people who are physically or mentally incapable of supporting themselves as tools for begging shall be punished with imprisonment from one to three years.

(2) If this crime is committed by a blood relative or in-law, including the third degree, or by a spouse, the penalty is increased by half.

(3) If this crime is committed within the scope of organizational activities, the penalty is increased by one fold.

CHAPTER EIGHT

Crimes Against Family Order

Multiple marriages, fraudulent marriages, religious ceremonies

Article 230- (1) A person who arranges for someone else to marry someone else, despite being married, shall be punished with imprisonment from six months to two years.

(2) A person who, although not married, marries someone whom he knows to be married, shall be punished in accordance with the provision of the above paragraph.

(3) A person who arranges for someone else to marry someone else by hiding his/her real identity shall be punished with imprisonment from three months to one year.

(4) The statute of limitations for the crimes defined in the above paragraphs begins to run from the date on which the decision to annul the marriage becomes final.

(5) (Cancellation: By the Constitutional Court’s decision dated 27/5/2015, numbered E.: 2014/36, K.: 2015/51.)

(6) (Cancellation: By the Constitutional Court’s decision dated 27/5/2015, numbered E.: 2014/36, K.: 2015/51.)

Changing the child’s lineage

Article 231- (1) A person who changes or conceals the lineage of a child shall be punished with imprisonment from one to three years.

(2) A person who acts contrary to the duty of care and causes a child in a health institution to mix with another child shall be punished with imprisonment of up to one year.

Mistreatment

Article 232- (1) Anyone who ill-treats one of the people living together in the same house shall be punished with imprisonment from two months to one year.

(2) A person who abuses the disciplinary authority arising from the right of education he has over a person under his control or who he is obliged to raise, educate, look after, protect or teach a profession or art shall be sentenced to imprisonment of up to one year.

Violation of obligations arising from family law

Article 233- (1) A person who does not fulfill his/her obligations of care, education or support arising from family law shall be punished with imprisonment of up to one year upon complaint.

(2) A person who abandons his wife, who he knows is pregnant, or an unmarried woman with whom he lives together and who he knows is pregnant by him, in a helpless situation, shall be sentenced to imprisonment for three months to one year.

(3) Even if their custody rights have been abolished, a mother or father who seriously endangers the morality, safety and health of their children due to lack of material and moral care as a result of habitual drunkenness, use of narcotic or stimulant substances or dishonourable attitudes and actions shall be punished with imprisonment from three months to one year.

Kidnapping and detention of a child

Article 234 – (1) If a mother or father whose parental authority has been taken away or a blood relative up to the third degree abducts or detains a child under the age of sixteen from the presence of a parent, guardian or a person under their care and supervision without using force or threat, the child shall be sentenced to imprisonment from three months to one year.

(2) If the act is committed by using force or threat, or if the child has not yet reached the age of twelve, the penalty is increased by one fold.

(3) (Added: 6/12/2006 – 5560/10 art.) A person who keeps a child who has left home without the knowledge or consent of the legal representative, even with the consent of the child, without informing the family or the competent authorities, shall be punished with imprisonment from three months to one year upon complaint.

CHAPTER NINE

Crimes Related to Economy, Industry and Trade

Tender rigging

Article 235- (1) (Amended: 11/4/2013-6459/12 art.) Anyone who corrupts tenders regarding the purchase or sale of goods or services or rentals made on behalf of public institutions or organizations or construction tenders shall be punished with imprisonment from three to seven years.

(2) Tender rigging is considered to have occurred in the following cases:

1. a) By fraudulent behavior;
2. Preventing persons who are eligible or have the conditions to participate in the tender from participating in the tender or in the transactions during the tender process,
3. To ensure that persons who do not have the qualifications or conditions to participate in the tender participate in the tender,
4. To exclude the offered goods from evaluation by claiming that they do not have the qualities specified in the specifications,
5. Evaluating the offered goods on the grounds that they have the qualities stated in the specifications, even though they do not have them.
6. b) Providing others with access to information related to bids that must be kept confidential according to tender legislation or specifications.
7. c) Preventing persons who are qualified or have the conditions to participate in the tender from participating in the tender or in the transactions during the tender process by using force or threats or other unlawful behavior.
8. d) Open or secret agreements among persons wishing to participate in the tender or participating in the tender to influence the tender conditions and especially the price.

(3) (Amended: 11/4/2013-6459/12 art.) The crime of rigging a tender;

1. a) If the crime is committed by using force or threat, the lower limit of the basic penalty cannot be less than five years. However, if the qualified circumstances of the crime of intentional injury or threat that require a heavier penalty occur, an additional penalty shall be imposed for these crimes.
2. b) If no damage has occurred to the relevant public institution or organization as a result of the commission, the perpetrator shall be sentenced to imprisonment from one to three years, except for the cases specified in subparagraph (a) of this paragraph.

(4) Officials who gain benefits by rigging a tender are also punished in accordance with the relevant criminal provisions.

(5) The provisions of the above paragraphs shall also apply in the event of increases or decreases made through public institutions or organizations, and corruption in the purchase or sale of goods or services or rentals made on behalf of professional organizations with the status of a public institution, companies established with the participation of public institutions or organizations or professional organizations with the status of a public institution, foundations operating within them, associations or cooperatives working for the public benefit.

Interfering with the performance of an act

Article 236 – (1) Anyone who interferes with the performance of a commitment made against public institutions or organisations, professional organisations with the status of a public institution, companies established through their participation, foundations operating within their body, associations or cooperatives working for the public benefit shall be punished with imprisonment from three to seven years.

(2) If the following acts are committed fraudulently, the performance of the obligation is deemed to have been compromised:

1. a) Delivery or acceptance of a good other than the goods specified in the tender decision or contract.
2. b) Delivery or acceptance of goods less than the quantity specified in the tender decision or contract.
3. c) Although the obligation is not performed within the period specified in the tender decision or the contract, it is accepted as if it was performed on time.
4. d) Acceptance of the work or the materials used in construction tenders even though they do not comply with the conditions, quantities or qualities specified in the specifications or contract.
5. e) Accepting that a service has been provided even though it was not provided in accordance with the conditions specified in the tender decision or the contract, or even though it was provided incompletely.

(3) Persons in authority who gain a benefit by interfering with the performance of the obligation shall also be punished in accordance with the relevant criminal provision.

Influencing prices

Article 237 – (1) Anyone who spreads false news or information or resorts to other fraudulent methods in a way that may result in the increase or decrease of workers’ wages or the value of food or goods shall be sentenced to imprisonment from one to three years and a judicial fine.

(2) If the value of food or goods or workers’ wages increase or decrease as a result of the act, the penalty is increased by half.

(3) If the offender is a licensed broker or stockbroker, the penalty is also increased by half.

Causing the absence of publicly available goods

Article 238 – (1) Anyone who causes the disappearance or significant decrease of essential goods or food for public institutions and organizations or public service or for the prevention of a general disaster by not fulfilling his commitment shall be sentenced to imprisonment from one to three years and a judicial fine of up to one thousand days.

Disclosure of information or documents that are trade secrets, banking secrets or customer secrets

Article 239 – (1) A person who gives or discloses information or documents that are commercial secrets, banking secrets or customer secrets to which he is acquainted due to his title or duty, profession or art, shall be punished with imprisonment from one to three years and a judicial fine of up to five thousand days upon complaint. If such information or documents are given or disclosed to unauthorized persons by persons who obtained them illegally, the penalty shall also be imposed in accordance with this paragraph.

(2) The provisions of the first paragraph also apply to information regarding scientific discoveries and inventions or industrial applications.

(3) If these secrets are disclosed to a foreigner who does not reside in Türkiye or to his officials, the penalty to be given to the perpetrator is increased by one third. In this case, the condition of complaint is not required.

(4) A person who forces a person to disclose information or documents falling within the scope of this article by using force or threat shall be punished with imprisonment from three to seven years.

Avoiding the sale of goods or services

Article 240 – (1) A person who causes an urgent need for the public by refraining from selling a certain good or service shall be punished with imprisonment from one to three years.

Usury

Article 241- (1) A person who lends money to another person for the purpose of making a profit shall be punished with imprisonment from two to six years and a judicial fine from five hundred to five thousand days.

(2) (Added: 14/4/2020-7242/14 art.) If the crime is committed within the scope of the activities of an organisation, the penalty shall be increased by one fold.

Implementation of security measures on legal entities

Article 242- (1) Security measures specific to legal entities that have been unfairly benefited by committing the crimes included in this section shall be imposed on them.

CHAPTER TEN

Crimes in the Field of Information Technology

Entering the information system

Article 243- (1) Anyone who illegally enters or remains in a part or whole of an information system shall be sentenced to imprisonment of up to one year or a judicial fine.

(2) If the acts defined in the above paragraph are committed on systems that can be used for a fee, the penalty will be reduced by half.

(3) If the data contained in the system is destroyed or changed due to this act, a prison sentence of six months to two years shall be imposed.

(4) (Added: 24/3/2016-6698/30 art.) A person who illegally monitors data transfers within an information system or between information systems using technical means without entering the system shall be punished with imprisonment from one to three years.

Interfering with, disrupting, destroying or altering data

Article 244- (1) A person who prevents or disrupts the operation of an information system shall be punished with imprisonment from one to five years.

(2) A person who corrupts, destroys, changes or renders inaccessible data in an information system, places data in the system, or sends existing data to another location shall be punished with imprisonment from six months to three years.

(3) If these acts are committed on the information system of a bank or credit institution or a public institution or organization, the penalty shall be increased by half.

(4) If the person obtains an unfair advantage for himself or another person by committing the acts defined in the above paragraphs does not constitute another crime, he shall be sentenced to imprisonment from two to six years and a judicial fine of up to five thousand days.

Misuse of bank or credit cards

Article 245 – (Amended: 29/6/2005 – 5377/27 art.)

(1) If a person who obtains or holds a bank or credit card belonging to another person, in any way, uses it or allows it to be used to benefit himself or another person without the consent of the card owner or the person to whom the card should be given, he or she shall be punished with imprisonment from three to six years and a judicial fine of up to five thousand days.

(2) Anyone who produces, sells, transfers, purchases or accepts fake bank or credit cards by associating them with bank accounts belonging to others shall be punished with imprisonment from three to seven years and a judicial fine of up to ten thousand days.

(3) A person who benefits himself or another person by using a bank or credit card that has been forged or created fake shall be punished with imprisonment from four to eight years and a judicial fine of up to five thousand days, unless the act constitutes another crime that requires a more severe penalty.

(4) The crime stated in the first paragraph;

1. a) One of the spouses for whom no separation decision has been made,
2. b) An ancestor or descendant or one of the relatives in-laws at this level or an adoptive or adopted child,
3. c) One of the siblings living together in the same residence,

If the act is committed to the detriment of the relative, no penalty shall be imposed on the relative concerned.

(5) (Added: 6/12/2006 – 5560/11 art.) The provisions of this Law on effective repentance for crimes against property shall apply to the acts falling within the scope of the first paragraph.

Prohibited devices or programs

Article 245/A- (Added: 24/3/2016-6698/30 art.)

(1) If a device, computer program, password or other security code is made or created for the purpose of committing crimes exclusively included in this Chapter and other crimes that can be committed by using information systems as a tool, the person who manufactures, imports, ships, transports, stores, accepts, sells, offers for sale, purchases, gives to others or possesses them shall be punished with imprisonment from one to three years and a judicial fine of up to five thousand days.

Implementation of security measures on legal entities

Article 246 – (1) Security measures specific to legal entities that have been unfairly benefited by committing the crimes included in this section shall be imposed on them.

PART FOUR

Crimes Against the Nation and the State and Final Provisions

CHAPTER ONE

Crimes Against the Reliability and Functioning of Public Administration

Debit

Article 247 – (1) A public official who embezzles property that has been transferred to him due to his duty or that he is responsible for protecting and supervising, shall be punished with imprisonment from five to twelve years.

(2) If the crime is committed by fraudulent behaviour aimed at preventing the embezzlement from being revealed, the penalty shall be increased by half.

(3) If the crime of embezzlement is committed with the aim of returning the goods after they have been used for a temporary period, the penalty may be reduced by up to half.

Active repentance

Article 248 – (1) If the embezzled property is returned or the damage suffered is fully compensated before the investigation begins, the penalty will be reduced by two-thirds.

(2) If the embezzled property is returned voluntarily or the damage suffered is fully compensated before the prosecution begins, the sentence to be imposed shall be reduced by half. If effective repentance occurs before the verdict, the sentence to be imposed shall be reduced by one third.

Situation requiring lesser punishment

Article 249 – (1) Due to the low value of the property that constitutes the crime of embezzlement, the penalty to be imposed is reduced from one third to half.

Extortion

Article 250- (1) (Amended: 2/7/2012-6352/86 art.) A public official who forces someone to provide benefits to himself or to another person or to make promises in this regard by abusing the influence provided by his position shall be punished with imprisonment from five to ten years. If, in the face of the unjust attitude and behavior of the public official, the person feels obliged to provide benefits to the public official or the person he directs, out of concern that a legitimate task will not be carried out as required, or at least not on time, the existence of compulsion is accepted.

(2) A public official who persuades a person to provide benefits to himself or another person or to make promises in this regard by abusing the trust provided by his position shall be punished with imprisonment from three to five years.

(3) If the crime defined in the second paragraph is committed by taking advantage of a person’s mistake, the sentence is imprisonment for one to three years.

(4) (Added: 2/7/2012-6352/86 art.) Taking into account the value of the benefit taken and the economic situation of the victim, the penalty to be given according to the above paragraphs may be reduced by up to half.

Neglect of audit duty

Article 251 – (1) A public official responsible for supervision who intentionally turns a blind eye to the commission of the crime of embezzlement or extortion shall be held responsible as a joint perpetrator of the crime.

(2) A public official who neglects his/her supervisory duty and enables the crime of embezzlement or extortion to be committed shall be punished with imprisonment from three months to three years.

Bribe

Article 252- (Amended: 2/7/2012-6352/87 art.)

(1) A person who provides a public official or another person he designates with a benefit, directly or through intermediaries, for doing or not doing a job related to the performance of his duty, shall be punished with imprisonment from four to twelve years.

(2) A public official who provides a benefit to himself or another person he designates, directly or through intermediaries, for doing or not doing a job related to the performance of his duty, shall also be punished with the penalty specified in the first paragraph.

(3) If an agreement is reached on bribery, the penalty is imposed as if the crime was completed.

(4) In cases where a public official requests a bribe but the person does not accept it, or if the person offers or promises a benefit to the public official but the public official does not accept it, the penalty to be imposed on the perpetrator in accordance with the provisions of the first and second paragraphs shall be reduced by half.

(5) The person who acts as an intermediary in the delivery of a bribe offer or request to the other party, the establishment of a bribe agreement or the procurement of bribes shall be punished as a joint perpetrator, regardless of whether he or she is a public official or not.

(6) The third person or the official of the legal entity who accepts the benefit from the indirect benefit in the bribery relationship shall be punished as a joint perpetrator, regardless of whether he or she is a public official.

(7) If the person who accepts or requests a bribe or agrees on this matter is a judicial officer, arbitrator, expert, notary or sworn financial advisor, the penalty to be given is increased by one third to half.

(8) The provisions of this article;

1. a) Professional organizations with public institution status,
2. b) Companies established with the participation of public institutions or organizations or professional organizations with the status of public institutions,
3. c) Foundations operating within public institutions or organizations or professional organizations with the status of public institutions,
4. d) Associations working for the public benefit,
5. e) Cooperatives,
6. f) Public joint stock companies,

It also applies to the provision, offer or promise of a benefit to persons acting on behalf of a public official, whether or not they are public officials, directly or through intermediaries, for the purpose of performing or not performing a task related to the performance of their duties; the request or acceptance by these persons; the mediation of these persons; and the provision of a benefit to another person due to this relationship.

(9) The provisions of this article;

1. a) Public officials elected or appointed in a foreign state,
2. b) Judges, jury members or other officials serving in international or supranational courts or foreign state courts,
3. c) Members of international or supranational parliaments,
4. d) Persons who carry out a public activity for a foreign country, including public institutions or public enterprises,
5. e) Citizens or foreign arbitrators appointed within the framework of the arbitration procedure applied for the resolution of a legal dispute,
6. f) To officials or representatives of international or supranational organizations established based on an international agreement,

It is also applied in cases where a benefit is obtained, offered or promised, or requested or accepted by them, directly or through intermediaries, in order to perform or not perform a job related to the performance of their duties or to obtain or preserve a job or an unfair advantage due to international commercial transactions.

(10) If the crime of bribery falling within the scope of the ninth paragraph is committed by a foreigner abroad;

1. a) Türkiye,
2. b) A public institution in Türkiye,
3. c) A private legal entity established in accordance with Turkish law,
4. d) Turkish citizen,

In the event that a dispute to which it is a party or a transaction related to these institutions or persons is committed for the purpose of performing or not performing a transaction, an investigation and prosecution will be carried out ex officio against those who give, offer or promise a bribe; those who receive, request a bribe, accept an offer or promise; those who mediate these; or those from whom benefits are provided due to the bribery relationship, if they are in Türkiye.

Implementation of security measures on legal entities

Article 253 – (1) Security measures specific to legal entities that have been provided an unfair advantage through the commission of the crime of bribery are imposed on them.

Active repentance

Article 254- (1) (Amended: 2/7/2012-6352/88 art.) If the person who accepts the bribe delivers the subject matter of the bribe to the authorities authorized to investigate the matter before the situation is learned by the official authorities, he shall not be sentenced for the crime of bribery. If the public official who has agreed with someone else to accept the bribe informs the authorities before the situation is learned by the official authorities, he shall not be sentenced for this crime.

(2) (Amended: 2/7/2012-6352/88 art.) If the person who gives a bribe or reaches an agreement with a public official on this matter feels remorse and informs the competent authorities about the situation before the official authorities learn about it, he/she shall not be sentenced for the crime of bribery.

(3) (Amended: 2/7/2012-6352/88 art.) If other persons who participated in the crime of bribery feel remorse and inform the competent authorities about the situation before the situation becomes known to the official authorities, they will not be sentenced for this crime. 

(4) (Added: 26/6/2009 – 5918/4 art.) The provisions of this article shall not apply to persons who bribe foreign public officials.

Influence trading

Article 255- (Amended: 2/7/2012-6352/89 art.)

(1) A person who, by claiming to have influence over a public official, provides a benefit to himself or another person, directly or through intermediaries, in order to have an unjust act carried out, shall be punished with imprisonment from two to five years and a judicial fine of up to five thousand days. If the person is a public official, the sentence of imprisonment shall be increased by half. A person who provides a benefit in return for having his work done or with the expectation that it will be carried out shall be punished with imprisonment from one to three years.

(2) Even if an agreement is reached on the provision of benefit, the penalty is imposed as if the crime was completed.

(3) In cases where a benefit is requested in line with the purpose specified in the first paragraph but is not accepted, or a benefit is offered or promised but is not accepted, the penalty to be given in accordance with the provision of the first paragraph shall be reduced by half.

(4) The person who mediates the crime of influence peddling shall be punished with the penalty specified in the first paragraph, as a joint perpetrator.

(5) The officials of the third party natural person or legal entity who indirectly benefits from the influence peddling relationship and accepts the benefit shall be punished with the penalty specified in the first paragraph as joint perpetrators.

(6) In cases where attempting to have the work done constitutes an independent crime, persons shall be punished separately for this crime.

(7) The provisions of this article shall also apply in the event of influence peddling on the persons listed in the ninth paragraph of Article 252. If these persons are in Türkiye, they shall be subject to ex officio investigation and prosecution, regardless of whether they are citizens or foreigners.

Exceeding the limit on the authority to use force

Article 256 – (1) If a public official with the authority to use force uses force against people beyond the extent required by his duty, the provisions regarding the crime of intentional injury shall apply.

Abuse of office

Article 257 – (1) Except for cases defined as crimes in the law, a public official who acts contrary to the requirements of his duty and causes victimization of individuals or harm to the public or provides an unfair advantage to individuals shall be punished with imprisonment from six months to two years.

(2) Except for cases defined as crimes in the law, public officials who cause victimization of individuals or public damage or provide unfair benefits to individuals by negligence or delay in performing their duties shall be punished with imprisonment from three months to one year.

(3) (Repealed: 2/7/2012-6352/105 art.)

Disclosure of the secret regarding the task

Article 258 – (1) A public official who discloses or publishes documents, decisions, orders and other notifications given to him/her due to his/her duty or of which he/she has obtained information for the same reason and which must remain confidential, or facilitates others in obtaining information in any way, shall be sentenced to imprisonment from one to four years.

(2) The same penalty shall be imposed on anyone who commits the acts stated in the first paragraph after his/her status as a public official has ended.

Trafficking of public officials

Article 259 – (1) A public official who tries to sell goods or services to another person by taking advantage of the influence provided by the duty he holds shall be punished with imprisonment of up to six months or a judicial fine.

Abandonment or non-performance of public duty

Article 260 – (1) Public officials who unlawfully and collectively abandon their duties, fail to report to duty, temporarily fail to perform their duties partially or completely, or slow down their duties, shall each be sentenced to imprisonment from three months to one year. If the number of public officials is not more than three, no penalty shall be imposed.

(2) In the event that public officials temporarily and briefly stop work or slow down their work in a manner that does not disrupt the service, regarding their professional and social rights, the penalty may be reduced or no penalty may be imposed.

Illegal disposition of personal property

Article 261 – (1) A public official who, knowing that it is against the conditions set forth in the relevant laws, forcibly disposes of movable or immovable properties of individuals, even by paying compensation, shall be punished with imprisonment from six months to two years, unless the act constitutes an offence requiring a more severe penalty.

Unlawful assumption of public office

Article 262- (1) Anyone who attempts to perform a public duty contrary to laws and regulations or who continues to perform the duty despite being notified of an order to abandon the duty shall be sentenced to imprisonment from three months to two years.

Illegal educational institution

Article 263 – (Repealed – 17/4/2013-6460/13 art.)

Illegal use of special signs and clothing

Article 264- (1) A person who wears the official dress of a rank or public office or profession without authorization and in a way that misleads others, or who wears decorations or medals to which he is not entitled, shall be sentenced to imprisonment from three months to one year.

(2) If a crime is committed by taking advantage of the convenience and opportunities provided by the clothing, the penalties specified in the above paragraph shall be increased by one third for this act alone.

Resistance to avoid doing the task

Article 265 – (1) Anyone who uses force or threat against a public official in order to prevent him from performing his duty shall be punished with imprisonment from six months to three years.

(2) If the crime is committed against persons performing judicial duties, the sentence is imprisonment from two to four years.

(3) If the crime is committed by disguising oneself in a state that is beyond recognition or by more than one person, the penalty shall be increased by one third.

(4) If the crime is committed with a weapon or by taking advantage of the intimidating power of existing or presumed criminal organizations, the penalty to be given in accordance with the above paragraphs shall be increased by half.

(5) If the aggravated circumstances of the crime of intentional wounding occur during the commission of this crime, the provisions regarding the crime of intentional wounding shall also apply.

Using public service vehicles and equipment in a crime

Article 266 – (1) If a public official uses tools and equipment in his possession as part of his duty during the commission of a crime, the penalty to be imposed shall be increased by one third if the status of a public official is not taken into consideration in the definition of the relevant crime.

CHAPTER TWO

Crimes Against the Courthouse

Slander

Article 267 – (1) A person who, by reporting or complaining to the competent authorities or through the press and publications, attributes an unlawful act to another person in order to initiate an investigation or prosecution against him or her or to impose an administrative sanction, although he or she knows that he or she did not commit the act, shall be punished with imprisonment from one to four years.

(2) If slander is committed by fabricating material evidence and evidence of the act, the penalty is increased by half.

(3) If a protective measure other than detention and arrest has been applied against the victim, who has been acquitted or not prosecuted because he did not commit the charged act, the penalty to be given in accordance with the above paragraphs shall be increased by half.

(4) If the victim, who has been acquitted or not prosecuted because he did not commit the act attributed to him, is detained or arrested for this act, the slanderer is also held responsible as an indirect perpetrator according to the provisions regarding the crime of deprivation of liberty.

(5) If the victim is sentenced to aggravated life imprisonment or life imprisonment, he/she shall be sentenced to imprisonment from twenty to thirty years; (…).

(6) If the execution of the prison sentence to which the victim was sentenced has begun, the sentence to be given in accordance with the fifth paragraph shall be increased by half.

(7) (Cancellation: By the Constitutional Court’s decision dated 17/11/2011 and numbered E.: 2010/115, K.: 2011/154.)

(8) The statute of limitations for a lawsuit for slander begins on the date it is proven that the victim did not commit the act.

(9) The conviction for the crime of slander committed through the press and publication shall be announced through the same or equivalent press and publication. The cost of the announcement shall be collected from the convict.

Use of someone else’s identity or identity information

Article 268 – (1) A person who uses another person’s identity or identity information in order to prevent investigation and prosecution of him/her due to a crime he/she has committed shall be punished in accordance with the provisions regarding the crime of slander.

Active repentance

Article 269 – (1) If the slanderer retracts his slander before the start of a judicial or administrative investigation against the victim, the penalty to be given for the crime of slander shall be reduced by four-fifths.

(2) If the victim withdraws the slander before the prosecution begins, the penalty for the crime of slander will be reduced by three-quarters.

(3) Active repentance;

1. a) If the crime occurs before the verdict is passed on the victim, two-thirds of the penalty to be given,
2. b) If it occurs after the conviction of the victim, half of the penalty to be given,
3. c) If the execution of the sentenced sentence begins, one third of the sentence to be given,

Downloadable.

(4) Due to the act that requires the application of an exclusively administrative sanction constituting the subject of the slander;

1. a) If effective repentance is shown before the decision on administrative sanction, half of the penalty to be given,
2. b) In case of effective repentance after the administrative sanction is imposed, one third of the penalty to be given,

downloadable.

(5) (Amended: 29/6/2005 – 5377/31 art.) In order to benefit from the provisions of effective repentance for slander made through press and publication, it must be published by the same method.

Assumption of blame

Article 270 – (1) A person who falsely reports to the authorities that he/she has committed a crime or participated in a crime shall be sentenced to imprisonment of up to two years. If this crime is committed in order to save a lineal ascendant, descendant, spouse or sibling from punishment, the sentence may be reduced by three-quarters or may be completely abolished.

Fabrication of crime

Article 271- (1) A person who reports a crime that he knows was not committed to the competent authorities as if it had been committed or who fabricates evidence or signs of a crime that was not committed in a way that will enable an investigation shall be sentenced to imprisonment of up to three years.

False testimony

Article 272 – (1) A person who gives false testimony before a person or committee authorized to hear witnesses within the scope of an investigation initiated due to an unlawful act shall be sentenced to imprisonment from four months to one year.

(2) Anyone who gives false testimony before a court or before a person or board legally authorized to hear witnesses under oath shall be sentenced to imprisonment from one to three years.

(3) A person who gives false testimony during the investigation or prosecution of a crime that requires a sentence of more than three years’ imprisonment shall be sentenced to imprisonment from two to four years.

(4) If a protective measure other than detention or arrest has been applied to the person against whom the witness is given, the penalty to be given in accordance with the above paragraphs shall be increased by half, provided that the person is acquitted or a decision of no prosecution is made because he did not commit the act charged.

(5) If the person against whom the testimony is given is detained or arrested, the person who gives false testimony is also held responsible as an indirect perpetrator according to the provisions regarding the crime of deprivation of liberty, provided that the person is acquitted or a decision of non-prosecution is made because he did not commit the act charged.

(6) If the person against whom the witness is given is sentenced to aggravated life imprisonment or life imprisonment, the sentence shall be imprisonment from twenty to thirty years; (…).

(7) If the person against whom the testimony was given has already begun to serve a prison sentence, the sentence to be imposed in accordance with the sixth paragraph shall be increased by half.

(8) If a judicial or administrative sanction other than imprisonment has been imposed on the person against whom the testimony is given, the person who gives false testimony shall be punished with imprisonment from three to seven years.

Reasons for personal impunity or reduction of punishment

Article 273- (1) The person;

1. a) Giving false testimony regarding an issue that may lead to investigation and prosecution of himself, his ascendants, descendants, spouse or sibling,
2. b) Despite having the right to refrain from testifying, he gave false testimony without being reminded of this right,

In this case, the penalty may be reduced or waived.

(2) The provision of the first paragraph shall not apply to cases of false testimony made within the scope of private law disputes.

Active repentance

Article 274 – (1) If the truth is told before a decision is made or a verdict is passed that would result in a restriction or deprivation of rights regarding the person against whom the testimony was given, no penalty is imposed.

(2) If the truth is told after a decision is made that will result in a restriction or deprivation of rights regarding the person against whom the testimony was given, but before the verdict, the sentence to be given may be reduced by two-thirds to one-half.

(3) If the truth is told before the conviction of the person against whom the testimony was given becomes final, the sentence may be reduced by half to one third.

Perjury

Article 275 – (1) In civil cases, the plaintiff or defendant who swears falsely shall be sentenced to imprisonment from one to five years.

(2) If the truth is told before the verdict is given on the case, no penalty will be imposed.

(3) If the truth is told before the verdict is executed or becomes final, the sentence will be reduced by half.

Untrue expert witness or translation

Article 276 – (1) If an expert appointed by the judicial authorities or a person or committee authorized by law to conduct an investigation into a crime or to hear witnesses under oath gives an opinion contrary to the truth, he/she shall be sentenced to imprisonment from three to seven years.

(2) If the translator appointed by the persons or committees specified in the first paragraph translates the statements or documents in a manner inconsistent with the facts, the provision of the first paragraph shall apply.

Attempting to influence a judicial officer, expert or witness

Article 277- (Amended: 2/7/2012-6352/90md.)

(1) A person who attempts to unlawfully influence a judicial officer, expert or witness to make a decision or establish a procedure or make a statement that will result in favor or against one of the parties to the case, (…)106 the defendant, the participant or the victim, in order to prevent the truth from being revealed or to create injustice in a case that is pending, shall be sentenced to imprisonment from two to four years. (Additional sentence: 18/6/2014-6545/69 art.) If the attempt does not exceed the degree of favoritism, the sentence to be given shall be from six months to two years.

(2) If the act constituting the crime in the first paragraph also constitutes another crime, the penalty to be given in accordance with the provisions of intellectual aggregation shall be increased by half.

Failure to report a crime

Article 278- (Cancellation: (With the decision of the Constitutional Court dated 30/6/2011 and numbered E.:2010/52, K.:2011/113; Amended: 2/7/2012-6352/91 art.)

(1) A person who fails to report a crime in progress to the competent authorities shall be punished with imprisonment of up to one year.

(2) A person who does not report to the competent authorities a crime that has been committed but whose consequences can still be limited shall be punished in accordance with the provision of the above paragraph.

(3) If the victim is a child under the age of fifteen, a physically or mentally disabled person, or a person who is unable to defend herself due to pregnancy, the penalty to be given in accordance with the above paragraphs shall be increased by half.

(4) No penalty shall be imposed on those who may hesitate to testify. However, the provisions regarding criminal liability are reserved due to the existence of the obligation to prevent crime.

Failure of a public official to report a crime

Article 279 – (1) A public official who learns that a crime requiring investigation and prosecution has been committed in connection with his duty and neglects or delays in notifying the competent authorities shall be punished with imprisonment from six months to two years.

(2) If the crime is committed by a person performing judicial law enforcement duties, the penalty to be imposed in accordance with the above paragraph shall be increased by half.

Failure of healthcare professionals to report crime

Article 280 – (1) A health professional who, despite encountering an indication that a crime has been committed while performing his duty, fails to report the situation to the competent authorities or delays in doing so shall be punished with imprisonment of up to one year.

(2) The term health professional refers to physicians, dentists, pharmacists, midwives, nurses and other persons who provide health services.

Destroying, concealing or altering evidence of a crime

Article 281- (1) A person who destroys, erases, conceals, alters or distorts evidence of a crime in order to prevent the truth from being revealed shall be punished with imprisonment from six months to five years. A person shall not be punished in accordance with the provisions of this paragraph in relation to a crime that he/she committed or participated in the commission of.

(2) If this crime is committed by a public official in connection with his duty, the penalty shall be increased by half.

(3) The penalty to be given for the crime defined in this article shall be reduced by four-fifths for the person who submits the concealed evidence to the court before the verdict is given for the crime to which he is related.

Laundering assets derived from crime

Article 282- (1) (Amended: 26/6/2009 – 5918/5 art.) A person who takes out of the country the assets originating from a crime that requires a lower limit of imprisonment of six months or more, or who subjects them to various processes in order to conceal their illegitimate source or to create the impression that they were obtained by a legitimate means, shall be punished with imprisonment from three to seven years and a judicial fine of up to twenty thousand days.

(2) (Added: 26/6/2009 – 5918/5 art.) A person who, without participating in the commission of the crime in the first paragraph, purchases, accepts, possesses or uses the value of the property constituting the subject of this crime, knowing this feature, shall be punished with imprisonment from two to five years.

(3) If this crime is committed by a public official or a person with a certain profession while performing this profession, the prison sentence is increased by half.

(4) If this crime is committed within the scope of the activities of an organisation established to commit crimes, the penalty shall be increased by one fold.

(5) Due to the commission of this crime, security measures specific to legal entities are imposed on them.

(6) No penalty shall be imposed for the crime defined in this article on the person who ensures that the assets in question are seized before the prosecution for this crime begins or facilitates their seizure by informing the competent authorities of their location.

Criminal favoritism

Article 283- (1) Anyone who provides an opportunity for a person who has committed a crime to escape investigation, capture, detention or execution of sentence shall be punished with imprisonment from six months to five years.

(2) If this crime is committed by a public official in connection with his duty, the penalty shall be increased by half.

(3) If this crime is committed by an ascendant, descendant, spouse, sibling or other accomplice, no penalty shall be imposed.

Failure to report arrest, conviction or evidence of crime

Article 284 – (1) Anyone who knows the location of a convicted person or a person for whom an arrest warrant has been issued, but fails to report the location to the competent authorities, shall be punished with imprisonment of up to one year.

(2) Anyone who does not report to the competent authorities the place where evidence and works related to a crime are hidden by others, even though he knows about it, shall be punished in accordance with the provision of the above paragraph.

(3) If these crimes are committed by a public official in connection with his duty, the penalty shall be increased by half.

(4) If these crimes are committed by an ascendant, descendant, spouse or sibling, no punishment is imposed.

Violation of privacy

Article 285- (1) (Amended: 2/7/2012-6352/92 art.)

(1) A person who openly violates the confidentiality of the investigation shall be punished with imprisonment from one to three years or a judicial fine. In order for this crime to occur;

1. a) Violating the right to benefit from the presumption of not being considered guilty or the privacy of communication or the privacy of private life by disclosing the content of the action taken during the investigation phase,
2. b) The statement made regarding the content of the transaction during the investigation phase is likely to prevent the material truth from being revealed,

should.

(2) A person who violates the confidentiality of decisions taken during the investigation phase that must be kept confidential against the parties to the investigation and the actions taken accordingly shall be punished with imprisonment from one to three years or a judicial fine.

(3) A person who openly violates the confidentiality of statements or images in a hearing that is required to be closed or decided to be closed according to the law shall be punished in accordance with the provision of the first paragraph. However, for this crime to occur, it is not required for the publicity to occur in terms of the violation of the confidentiality decision taken regarding the protection of the witness.

(4) If the crimes defined in the above paragraphs are committed by a public official using the convenience provided by his duty, the penalty shall be increased by half.

(5) If images of individuals are published in a way that would lead to them being perceived as guilty during the investigation and prosecution phase, a prison sentence of six months to two years is imposed.

(6) Reporting investigation and prosecution proceedings without exceeding the reporting limits does not constitute a crime.

Recording of audio or video

Article 286 – (1) A person who records or transmits audio or video during investigation and prosecution proceedings without authorization shall be punished with imprisonment of up to six months.

Genital examination

Article 287 – (1) The perpetrator who sends a person for a genital examination or who performs this examination without the decision of the authorized judge or prosecutor shall be sentenced to imprisonment from three months to one year.

(2) The provision of the above paragraph shall not apply to examinations carried out in accordance with the provisions of the laws and regulations in order to protect public health due to contagious diseases.

Attempting to influence fair trial

Article 288- (Amended: 2/7/2012-6352/93 art.)

(1) A person who publicly makes a verbal or written statement in order to unlawfully influence a judicial officer, expert or witness to make an unlawful decision or establish a procedure or make a false statement in a pending case or an ongoing investigation shall be punished with a judicial fine of not less than fifty days.

Abuse of duty to protect

Article 289 – (1) A person who disposes of a mortgaged or seized property or a seized property for any reason that has been officially delivered to him for safekeeping, other than for the purpose of delivery, shall be punished with imprisonment from three months to two years and a judicial fine of up to three thousand days. If the person is the owner of the property, the penalty to be imposed shall be reduced by half.

(2) The penalty imposed on the person who returns the goods constituting the subject of the crime defined in the first paragraph before the start of the prosecution or, if this is not possible, pays the price, shall be reduced by four-fifths.

(3) A person who causes the loss or deterioration of mortgaged, seized or seized property that has been officially delivered to him for safekeeping, due to his breach of the duty of care and diligence, shall be punished with a judicial fine.

(4) Anyone who uses a seized item for purposes other than those confiscated during an investigation or prosecution into a crime shall be punished with imprisonment of up to one year.

Confiscation and destruction of officially delivered property

Article 290 – (1) Anyone who re-seizes immovable properties that have been delivered to their rightful owners by decree shall be sentenced to imprisonment from three months to one year.

(2) If a movable property that has been officially delivered to another person for safekeeping, is taken from the person without his/her consent, the provisions regarding the crime of theft, if taken by force, it is plunder, if taken by deceit, it is fraud, and if destroyed, it is damage to property shall apply. If the person is the owner of the property, the penalty to be imposed shall be reduced by half to three-quarters.

Entering a penal institution or detention center on behalf of someone else

Article 291- (1) Anyone who enters a penal institution or detention house by pretending to be a convict or detainee shall be sentenced to imprisonment from six months to two years.

Escape of a convict or prisoner

Article 292- (1) A prisoner or convict who escapes from a detention centre, a penal institution or from the officers under his supervision shall be sentenced to imprisonment from six months to one year.

(2) If this crime is committed by using force or threat, the penalty is imprisonment from one to three years.

(3) If this crime is committed by armed men or by more than one detainee or convict, the penalty to be given in accordance with the above paragraphs shall be increased by one fold.

(4) If, during the commission of this crime, the crime of intentional injury is aggravated as a result of the crime, or if intentional homicide is committed, or if damage is caused to property, the penalty shall also be imposed in accordance with the provisions related to these crimes.

(5) The provisions of this article shall also apply to convicts who are employed outside the penal institution and to those whose prison sentences have been commuted to a judicial fine.

(6) (Repealed: 29/6/2005 – 5377/33 art.)

Active repentance

Article 293- (1) (…) If a detainee or convict surrenders himself/herself by showing effective remorse after escaping, the sentence to be given shall be reduced by five-sixths to one-sixth, taking into account the period from the day of escape to the day of surrender. However, if the period of escape exceeds six months, the sentence shall not be reduced.

Allowing escape

Article 294 – (1) A person who enables a detained or arrested person to escape shall be sentenced to imprisonment from one to three years.

(2) The person who enables the convict to escape shall be sentenced to imprisonment from two to five years, depending on the length of the prison sentence to be served. However, the sentence of the convict shall not be:

1. a) Life imprisonment is five to eight years,
2. b) Aggravated life imprisonment is from eight to twelve years,

He is sentenced to imprisonment up to .

(3) If these crimes are committed by using force or threat, the penalty is increased by one third.

(4) If the number of people who escaped is more than one, the penalty shall be increased by one third to one times, taking this number into account.

(5) If these crimes are committed by persons who are responsible for the protection or transportation of detained, arrested or convicted persons, the penalty shall be increased by one third.

(6) If these crimes are committed by an ascendant, descendant, spouse or sibling, the penalty shall be reduced by one third.

(7) If, during the commission of these crimes, the crime of intentional injury becomes aggravated as a result of the crime, or if intentional homicide occurs or if damage is caused to property, the punishment shall also be imposed in accordance with the provisions related to these crimes.

(8) If a detained, arrested or convicted person escapes by taking advantage of the person responsible for his/her safekeeping or transportation acting contrary to his/her duty of care and diligence, he/she shall be sentenced to imprisonment from six months to three years.

Abuse of duty by a guard

Article 295 – (1) If the persons responsible for the custody or transfer of a detained, arrested or convicted person act contrary to the requirements of their duties, the provisions regarding the crime of abuse of office shall apply.

(2) If the person responsible for the preservation or transfer of a detained, arrested or convicted person allows him/her to leave the place where he/she is temporarily, contrary to the requirements of his/her duty, he/she shall be punished with imprisonment from six months to two years.

(3) If a detained, arrested or convicted person takes advantage of this opportunity to escape, the provisions regarding the crime of intentionally facilitating escape shall apply.

Revolt of prisoners or detainees

Article 296 – (1) In case of a collective revolt of convicts or detainees, each of them shall be sentenced to imprisonment from six months to three years. If the number of convicts or detainees is not more than three, no penalty shall be imposed for this crime.

(2) If other crimes are committed during the rebellion, punishment shall also be imposed in accordance with the provisions related to these crimes.

Bringing prohibited items into a prison or detention center

Article 297 – (1) A person who brings or possesses a weapon, narcotic or stimulant substance or electronic communication device into a penal institution or detention house shall be sentenced to imprisonment from two to five years. If the procurement or possession of the goods constituting the subject of this crime constitutes a separate crime, the penalty to be determined in accordance with the provisions of intellectual aggregation shall be increased by half.

(2) (Cancellation: With the decision of the Constitutional Court dated 7/7/2011 and numbered E.:2010/69, K.:2011/116; Re-arrangement: 24/11/2016-6763/20 art.) Outside the scope of the first paragraph;

1. a) Any tools and materials that facilitate escape,
2. b) All kinds of attack and defense tools and incendiary materials,
3. c) Any beverage containing alcohol,
4. d) Goods and materials that enable gambling,
5. e) Except for the crimes defined in Article 188, drugs subject to green prescription,
6. f) Publications, posters, banners, pictures, symbols, signs, documents and similar materials and organizational communication tools that are banned by the courts or represent criminal organizations, except for those received for review by the institution administration.
7. g) Devices used to record sound and images, except those permitted by the competent authorities,

Anyone who brings, keeps or uses a drug in a penal institution or detention house shall be punished with imprisonment from one to three years.

(3) If the crimes defined in the first and second paragraphs are committed by persons responsible for the protection of convicts or detainees, the penalty shall be increased by one fold.

(4) If the convict or detainee who possesses or uses the items that constitute the subject of the crimes defined in the first and second paragraphs provides information about who obtained them from and how, the sentence will be reduced by half.

Obstruction of exercise of rights and nutrition

Article 298- (1) Those who prevent convicts and detainees in penal institutions and detention houses from communicating, meeting with visitors, participating in education and sports, vocational training and workplace activities and other social and cultural activities within the framework of rehabilitation and education programs, being examined and treated by the institution’s physician, appointing a defense counsel or lawyer, meeting with them, going to courts or public prosecutor’s offices, meeting with institution officials, those who prevent those who have been released from leaving the institution, those who encourage convicts and detainees to do such acts, those who give instructions in this way, and those who prevent any other opportunity for meeting and contact granted to convicts and detainees by law, shall be sentenced to imprisonment from one to three years.

(2) Those who prevent the nutrition of convicts and detainees shall be sentenced to imprisonment from two to four years. Encouraging or persuading convicts and detainees to go on a hunger strike or hunger strike, or giving them instructions to do so, shall also be considered as preventing nutrition.

(3) If one of the aggravated conditions or death occurs as a result of the crime of intentional injury due to the prevention of nutrition, the punishment is also imposed in accordance with the provisions regarding the crimes of intentional injury or intentional homicide.

CHAPTER THREE

Crimes Against the Insignia of State Sovereignty and the Dignity of Its Organs

Insulting the President

Article 299- (1) Anyone who insults the President shall be punished with imprisonment from one to four years.

(2) (Amended: 29/6/2005 – 5377/35 art.) If the crime is committed openly, the penalty is increased by one sixth.

(3) Prosecution for this crime is subject to the permission of the Minister of Justice.

Insulting the symbols of state sovereignty

Article 300 – (1) Anyone who openly insults the Turkish Flag by tearing, burning or otherwise shall be punished with imprisonment from one to three years. This provision shall apply to all kinds of signs that bear the characteristics of the red flag with a white star and crescent, as specified in the Constitution, and are used as a symbol of sovereignty of the Republic of Turkey.

(2) Anyone who publicly insults the National Anthem shall be punished with imprisonment from six months to two years.

(3) If the crimes defined in this article are committed by a Turkish citizen in a foreign country, the penalty shall be increased by one third.

Insulting the Turkish Nation, the Republic of Türkiye, the institutions and organs of the State

Article 301- (Amended: 30/4/2008-5759/1 art.)

(1) Anyone who publicly insults the Turkish Nation, the Republic of Turkey, the Grand National Assembly of Türkiye, the Government of the Republic of Turkey and the judicial organs of the State shall be punished with imprisonment from six months to two years.

(2) A person who publicly denigrates the military or security organization of the state shall be punished in accordance with the provision of the first paragraph.

(3) Expressions of opinion for the purpose of criticism do not constitute a crime.

(4) Investigation into this crime is subject to the permission of the Minister of Justice.

CHAPTER FOUR

Crimes Against State Security

To undermine the unity and integrity of the state

Article 302- (1) (Amended: 29/6/2005 – 5377/36 art.) Anyone who commits an act aimed at placing all or part of the State’s territory under the sovereignty of a foreign state or weakening the independence of the State or disrupting its unity or separating part of the territory under the State’s sovereignty from the State administration shall be punished with aggravated life imprisonment.

(2) If other crimes are committed while this crime is being committed, the person will also be punished in accordance with the relevant provisions for these crimes.

(3) Security measures specific to legal entities shall be imposed on them due to the commission of crimes defined in this article.

Collaborating with the enemy

Article 303- (1) A citizen who accepts service in the army of a state that is at war with the Republic of Turkey and who engages in armed conflict against the Republic of Turkey on the side of an enemy state shall be punished with life imprisonment.

(2) A citizen who assumes any command position in the army of an enemy state shall be punished with aggravated life imprisonment.

(3) If other crimes are committed while committing the crimes defined in the first and second paragraphs, the person shall also be punished in accordance with the relevant provisions for these crimes.

(4) No punishment shall be imposed on a citizen who is in the territory of an enemy state during wartime and is forced to serve in the army of that state.

Incitement to war against the state

Article 304- (1) Anyone who incites foreign state officials to wage war or engage in hostile acts against the Republic of Turkey or who cooperates with foreign state officials for this purpose shall be punished with imprisonment from ten to twenty years. (Second sentence repealed: 29/6/2005 – 5377/37 art.)

(2) In the application of this article, direct or indirect support for organizations established to commit crimes against the security of the Republic of Turkey is considered a hostile act.

(3) Due to the commission of the crime defined in this article, security measures specific to legal entities are imposed on them.

To benefit from activities against basic national interests

Article 305- (1) (Amended paragraph: 29/6/2005 – 5377/38 art.) A citizen or a foreigner in Turkey who directly or indirectly receives material benefits for himself or another person from foreign persons or organizations, for the purpose of committing acts against basic national interests or for this reason, shall be sentenced to imprisonment from three to ten years and a judicial fine of up to ten thousand days. The same penalty shall be imposed on the person who provides or promises the benefit.

(2) (Amended paragraph: 29/6/2005 – 5377/38 art.) If the act is committed during war, the penalty is increased by half.

(3) If the crime is committed outside of a state of war, prosecution for this crime is subject to the permission of the Minister of Justice.

(4) The term basic national interests means independence, territorial integrity, national security and the basic characteristics of the Republic as stated in the Constitution.

Recruitment against foreign states

Article 306- (1) Anyone who recruits soldiers or engages in other hostile actions against a foreign state without authorization, in a manner that would expose the Turkish State to the danger of war, shall be sentenced to imprisonment from five to twelve years.

(2) If war occurs as a result of the act, the perpetrator shall be sentenced to life imprisonment.

(3) If the act is of a nature that will only damage political relations with a foreign state or expose the Turkish State or Turkish citizens to the risk of reprisal, the perpetrator shall be sentenced to imprisonment from two to eight years.

(4) If political relations are severed or reprisals occur, a prison sentence of three to ten years is imposed.

(5) Prosecution of the crime included in this article is subject to the permission of the Minister of Justice.

(6) The provisions of this article shall not apply to self-defense resistance movements against foreign state forces occupying all or part of the country’s territory in the event of actual war.

Agreement to destroy military facilities and benefit enemy military movements

Article 307 – (1) A person who partially or completely destroys land, sea and air transportation vehicles, roads, institutions, depots and other military facilities belonging to the armed forces of the state or placed at their disposal, even if they are not yet completed, or renders them unusable, even temporarily, shall be sentenced to imprisonment from six to twelve years.

(2) The crime;

1. a) It was committed for the benefit of a state that is at war with Türkiye,
2. b) It has jeopardized the state’s war preparations or war power and capability or military movements,

In this case, a sentence of aggravated life imprisonment shall be imposed.

(3) If the destruction or unusability occurred as a result of the negligence of the person who possesses the building, facility or property specified in the first paragraph or who is responsible for protecting and supervising it, or if the commission of the crime was facilitated because of this, the person shall be sentenced to imprisonment from one to five years.

(4) A person who makes an agreement with a foreigner in order to facilitate enemy military actions to the detriment of the Turkish State or to harm the military actions of the Turkish State in time of war, or who commits acts aimed at producing the same results even if there is no agreement, shall be sentenced to imprisonment from ten to fifteen years.

(5) If, as a result of the act defined in the fourth paragraph, enemy military actions are actually facilitated or the military actions of the Turkish State are harmed, the perpetrator shall be sentenced to aggravated life imprisonment.

(6) The same penalty shall be imposed on any foreigner who agrees with the person who commits the crimes listed in the fourth and fifth paragraphs.

(7) If the acts stated in the above paragraphs are committed in Türkiye to the detriment of a state with which the Turkish State is allied or participating in a war, the provisions of this article shall also apply.

Material and financial aid to the enemy state

Article 308 – (1) A citizen who gives any kind of property that can be used against the Republic of Turkey in a war, directly or indirectly, with or without compensation, to a state with which the Republic of Turkey is at war, shall be punished with imprisonment from five to fifteen years. This provision shall also apply to foreigners residing in Turkey.

(2) In time of war, the same penalty shall be imposed on any citizen or foreigner residing in Türkiye who participates in loans made for the benefit of an enemy state or in payments made for whatever reason or facilitates transactions related to these.

(3) A citizen or a foreigner residing in Türkiye who engages in trade, directly or indirectly, with a citizen of an enemy state, wherever they are, or with other persons residing in the territory of an enemy state, even if it started before the war, except for the cases stated in the first paragraph, in a manner that will harm the Turkish State or have a positive effect on the war power of the enemy state, shall be sentenced to imprisonment from two to five years and a judicial fine of up to ten thousand days.

(4) The provisions of this article shall also apply if the acts stated in the above paragraphs are committed for the benefit of a state that has an alliance or participation in the war with an enemy state.

CHAPTER FIVE

Crimes Against the Constitutional Order and the Functioning of This Order

Violating the constitution

Article 309 – (1) Those who attempt to abolish the order envisaged by the Constitution of the Republic of Turkey, or to replace this order with another order, or to prevent the actual implementation of this order, by using force and violence, shall be punished with aggravated life imprisonment.

(2) If other crimes are committed while this crime is being committed, the person will also be punished in accordance with the relevant provisions for these crimes.

(3) Security measures specific to legal entities shall be imposed on them due to the commission of crimes defined in this article.

Assassination and physical attack on the President

Article 310 – (1) A person who attempts to assassinate the President shall be punished with aggravated life imprisonment. In the event of attempting to do so, the punishment shall be as if the crime had been completed.

(2) The penalty for any person who commits other physical attacks against the President shall be increased by half. However, the penalty imposed in this manner shall not be less than five years.

Offense against the legislature

Article 311- (1) Those who attempt to overthrow the Turkish Grand National Assembly or to prevent the Turkish Grand National Assembly from performing its duties partially or completely by using force and violence shall be punished with aggravated life imprisonment.

(2) If other crimes are committed while this crime is being committed, the person will also be punished in accordance with the relevant provisions for these crimes.

Crime against the government

Article 312- (1) Anyone who attempts to overthrow the Government of the Republic of Turkey or to prevent it from performing its duties, partially or completely, by using force and violence, shall be sentenced to aggravated life imprisonment.

(2) If other crimes are committed while this crime is being committed, the person will also be punished in accordance with the relevant provisions for these crimes.

Armed rebellion against the Government of the Republic of Türkiye

Article 313- (1) Anyone who incites the public to an armed rebellion against the Government of the Republic of Turkey shall be sentenced to imprisonment from fifteen to twenty years. If the rebellion occurs, the instigator shall be sentenced to imprisonment from twenty to twenty-five years.

(2) The person who leads an armed rebellion against the Government of the Republic of Turkey shall be punished with aggravated life imprisonment. Other persons who participate in the rebellion shall be sentenced to imprisonment from six to ten years.

(3) If the crimes defined in the first and second paragraphs are committed by taking advantage of the convenience provided by the State being at war, a sentence of aggravated life imprisonment shall be imposed.

(4) If other crimes are committed while committing the crimes defined in the first and second paragraphs, the person shall also be punished in accordance with the relevant provisions for these crimes.

Armed organization

Article 314- (1) A person who establishes or manages an armed organization in order to commit the crimes set forth in the fourth and fifth sections of this section shall be punished with imprisonment from ten to fifteen years.

(2) Members of the organization defined in the first paragraph are sentenced to imprisonment from five to ten years.

(3) (Added: 2/3/2024-7499/11 art.) A person who commits a crime on behalf of the organization, although he/she is not a member of the organization, shall be sentenced to imprisonment from five to ten years. Depending on the nature of the crime committed, the sentence may be reduced by up to half.

(4) Other provisions regarding the crime of establishing an organisation to commit a crime shall apply in the same manner to this crime.

Providing weapons

Article 315- (1) Anyone who provides, transports or stores weapons by producing, purchasing or smuggling them into the country, with the intention of using them in the activities of the organisations defined in the above article, knowing their aims, shall be punished with imprisonment from ten to fifteen years.

Agreement for crime

Article 316- (1) If two or more persons agree to commit any of the crimes set out in the fourth and fifth sections of this section through suitable means, in a manner determined by the material facts, a sentence of imprisonment from three to twelve years shall be imposed, depending on the severity of the crime.

(2) Those who withdraw from this alliance before the intended crime is committed or before an investigation is initiated due to the agreement will not be punished.

CHAPTER SIX

Crimes Against National Defense

Usurpation of military commands

Article 317- (1) Those who take command of a military unit or navy or warship or war air fleet or a fortress or fortified position or a military base or facility, a port or city, without being authorized by law or appointed by the State, shall be sentenced to life imprisonment.

(2) The same penalty shall be imposed on those who are in command of the places indicated above, either because they are authorized by law or because they are assigned by the State, and who do not comply with the orders given by the authorized authorities to abandon the command.

Weaning the public off military service

Article 318- (1) (Amended: 11/4/2013-6459/13 art.) Those who encourage or suggest that would lead those who are doing military service to desert or those who are going to join military service to give up doing so shall be sentenced to imprisonment from six months to two years.

(2) If the act is committed through press and publication, the penalty is increased by half.

Inciting soldiers to disobey

Article 319 – (1) Those who incite or direct soldiers or other persons serving under the military administration to disobey the law or to break their oaths or to violate military discipline or their duties related to military service, and those who praise or say that they approve of acts that are contrary to the law, oaths or discipline or other duties in front of soldiers, are sentenced to imprisonment from one to three years.

(2) If the act is committed publicly, the sentence is two to five years’ imprisonment.

(3) If the act is committed during wartime, the penalty is increased by one fold.

Enlistment in foreign service

Article 320 – (1) Anyone who recruits citizens to serve in the service of a foreigner or a foreign State or who arms citizens within the country without the permission of the government shall be sentenced to imprisonment from three to six years.

(2) If among those who are drafted or armed, there are soldiers or those of military age, the penalty is increased by one third.

(3) Anyone who accepts the service in the first paragraph shall be sentenced to imprisonment from one to three years.

Disobedience to orders in time of war

Article 321- (1) Anyone who knowingly acts contrary to the orders or decisions of the competent authorities and bodies of the State in time of war shall be sentenced to imprisonment from one to six years.

Obligations in time of war

Article 322- (1) In time of war, anyone who fails to partially or completely fulfill his/her obligations in a contract made with the State or a public institution or an organization providing public services or providing public needs to do business or to provide goods for the needs of the armed forces of the State or the public shall be sentenced to imprisonment from three to ten years and a judicial fine of up to ten thousand days.

(2) If the failure to fulfill the obligations partially or completely is due to negligence, the penalty may be reduced by up to three-quarters.

(3) If the failure to fulfill the obligation partially or completely is caused by the intermediaries or representatives of the principal liable parties with whom the contract is concluded, the same penalties shall be applied to them.

(4) The persons mentioned in the above paragraphs who commit fraud in fulfilling their obligations during wartime shall be sentenced to imprisonment from ten to fifteen years and a judicial fine of up to ten thousand days.

Spreading false news in war

Article 323- (1) Anyone who, during wartime, disseminates or transmits false or exaggerated or private news or information that would cause public anxiety and excitement, or that would shake the morale of the people, or that would reduce the country’s resistance against the enemy, or who engages in any activity that could harm basic national interests, shall be sentenced to imprisonment from five to ten years.

(2) If the verb;

1. a) By propaganda,
2. b) For soldiers,
3. c) As a result of an agreement with a foreigner,

If committed, the penalty is imprisonment from ten to twenty years.

(3) If the act is committed as a result of an agreement with the enemy, life imprisonment is imposed.

(4) Anyone who acts to devalue foreign currencies or to affect the value of public securities in a way that endangers the nation’s resistance against the enemy in time of war shall be sentenced to imprisonment from five to ten years and a judicial fine of up to three thousand days.

(5) If the act stated in the fourth paragraph is committed as a result of an agreement with a foreigner, the penalty is increased by half; if it is committed as a result of an agreement with an enemy, the penalty is increased by a multiple of that amount.

Neglect of duty regarding mobilization

Article 324- (1) A public official who neglects or delays his/her duties related to mobilization during peacetime shall be sentenced to imprisonment from six months to three years.

Accepting titles and similar honors from the enemy

Article 325- (1) A citizen who accepts an academic degree or an honour, title, medal or other honorary rank or a salary or other benefits related to these from a state that is at war with Turkey shall be sentenced to imprisonment from one to three years.

CHAPTER SEVEN

Crimes Against State Secrets and Espionage

Documents on state security

Article 326- (1) Anyone who partially or completely destroys, damages or forges documents or certificates related to the security or internal or external political interests of the State, or uses them in a place other than where they were allocated, even temporarily, obtains them by fraud or steals them, shall be sentenced to imprisonment from eight to twelve years.

(2) If the above-mentioned acts are committed during war or endanger the State’s war preparations, war effectiveness or military movements, life imprisonment is imposed.

Providing information regarding state security

Article 327- (1) Anyone who obtains information that must remain confidential due to its nature for the security or internal or external political interests of the State shall be sentenced to imprisonment from three to eight years.

(2) If the act is committed during war or endangers the State’s war preparations or war effectiveness or military movements, the sentence is life imprisonment.

Political or military espionage

Article 328. – (1) Anyone who obtains information that must remain secret due to its nature for the security of the State or for its internal or external political interests, for the purpose of political or military espionage, shall be sentenced to imprisonment from fifteen to twenty years.

(2) Verb;

1. a) If it was committed for the benefit of a state that is at war with Türkiye,
2. b) If it was committed during war or if it endangered the State’s war preparations or war effectiveness or military movements,

The perpetrator shall be punished with aggravated life imprisonment.

Disclosure of information regarding the security and political interests of the state

Article 329 – (1) Anyone who discloses information that must remain confidential due to the nature of the security or internal or external political interests of the State shall be sentenced to imprisonment from five to ten years.

(2) If the act is committed in time of war or endangers the State’s war preparations or war effectiveness or military movements, the perpetrator shall be sentenced to imprisonment from ten to fifteen years.

(3) If the act occurred as a result of the negligence of the perpetrator, the perpetrator shall be sentenced to imprisonment from six months to two years in the case stated in the first paragraph, and to imprisonment from three years to eight years in the case of one of the cases stated in the second paragraph.

Disclosure of information that should remain confidential

Article 330 – (1) A person who discloses information that must remain secret due to its nature for the security of the State or for its internal or external political interests, for the purpose of political or military espionage, shall be sentenced to life imprisonment.

(2) If the act is committed in time of war or endangers the State’s war preparations or war activities or military movements, the perpetrator is sentenced to aggravated life imprisonment.

International espionage

Article 331 – (1) A citizen who obtains information that must remain confidential due to its nature for the security or internal or external political interests of a foreign state, for the purpose of political or military espionage in favor of another foreign state, or a foreigner who obtains this information in Turkey, shall be sentenced to imprisonment from one to four years.

Entering military prohibited areas

Article 332- (1) Those who secretly or by deceit enter places prohibited for the military benefit of the State are sentenced to imprisonment from two to five years.

(2) If the act is committed during wartime, the perpetrator is sentenced to imprisonment from three to eight years.

Utilizing state secrets, Disloyalty in state services

Article 333- (1) A person who uses or ensures the use of scientific discoveries, new inventions or industrial innovations that he learns about in the course of his duty and that the security of the State requires to remain secret, for his own benefit or for the benefit of another person, shall be punished with imprisonment from five to ten years and a judicial fine of up to three thousand days.

(2) If the act is committed in the interest of a state at war with Turkey or endangers the state’s war preparations, war effectiveness or military movements, the perpetrator shall be sentenced to life imprisonment.

(3) If a person assigned by the Turkish State to carry out a specific State duty in a foreign country fails to perform this duty faithfully and damage may occur as a result of this act, the perpetrator shall be sentenced to imprisonment from five to ten years.

(4) Those who are informed that the crimes defined in this article will be committed and do not report them to the authorities in time will be sentenced to imprisonment from six months to two years, even if the crime is at the level of attempted crime.

Obtaining prohibited information

Article 334 – (1) A person who obtains information that the competent authorities have prohibited from disclosing in accordance with the law and regulatory procedures and that must remain confidential due to its nature shall be sentenced to imprisonment from one to three years.

(2) If the act endangers the State’s war preparations or war activities or military movements, the perpetrator is sentenced to imprisonment from five to ten years.

Obtaining prohibited information for espionage purposes

Article 335- (1) Anyone who obtains information that the competent authorities have prohibited from disclosing in accordance with the law and regulatory procedures and that must remain confidential due to its nature, for the purpose of political or military espionage, shall be sentenced to imprisonment from eight to twelve years.

(2) If the act is committed in the interest of a state at war with Turkey or endangers the state’s war preparations, war activities or military movements, the perpetrator shall be sentenced to aggravated life imprisonment.

Disclosure of prohibited information

Article 336 – (1) A person who discloses information that the competent authorities have prohibited from being disclosed in accordance with the law and regulatory procedures and that must remain confidential due to its nature shall be sentenced to imprisonment from three to five years.

(2) If the act is committed in time of war or endangers the State’s war preparations or war effectiveness or military movements, the perpetrator is sentenced to imprisonment from ten to fifteen years.

(3) If the act occurred as a result of the negligence of the perpetrator, the perpetrator shall be sentenced to imprisonment from six months to two years as stated in the first paragraph, and from three years to eight years as stated in the second paragraph.

Disclosure of prohibited information for political or military espionage purposes

Article 337 – (1) Anyone who discloses information that the competent authorities have prohibited from disclosing in accordance with the law and regulatory procedures and that must remain confidential due to its nature, for the purpose of political or military espionage, shall be sentenced to imprisonment from ten to fifteen years.

(2) If the act is committed in time of war or endangers the State’s war preparations, war activities or military movements, a sentence of aggravated life imprisonment is imposed.

Committing espionage acts as a result of negligence

Article 338 – (1) If the commission of the crimes defined in this section was made possible or facilitated as a result of the persons concerned acting in breach of their duty of care and diligence, the perpetrator who acted negligently shall be sentenced to imprisonment from six months to three years.

(2) If the act is committed during war or endangers the State’s war preparations, war activities or military movements, the perpetrator who acts negligently is sentenced to imprisonment from three to eight years.

Possession of documents related to state security

Article 339 – (1) Anyone caught with documents or anything of this nature that is used to obtain information that must remain confidential for the security or internal or external political interests of the State, or matters that the competent authorities have prohibited from disclosing and that must remain confidential due to their nature, and for which no acceptable reason can be shown for their possession, shall be sentenced to imprisonment from one to five years.

(2) If the act is committed during wartime, the perpetrator is sentenced to imprisonment from three to eight years.

CHAPTER EIGHT

Crimes Against Relations with Foreign States

Crime against a foreign head of state

Article 340 – (1) The penalty to be given to a person who commits a crime against the head of a foreign state shall be increased by one-eighth. If the crime requires life imprisonment, the sentence shall be aggravated life imprisonment.

(2) If the act is one of the crimes whose investigation and prosecution are subject to a complaint, the investigation and prosecution are subject to the complaint of the foreign state.

Insult against foreign state flag

Article 341- (1) Anyone who publicly insults the officially hoisted flag of a foreign state or other symbols of sovereignty shall be sentenced to imprisonment from three months to one year.

(2) Investigation and prosecution for this crime depends on the complaint of the relevant state.

Crimes against representatives of foreign states

Article 342 – (1) Foreign state representatives, their diplomatic officers or representatives of international organizations, and their officials who are granted diplomatic privileges and immunity, who are assigned permanently or temporarily in the Republic of Turkey, are considered public officials in terms of crimes committed against them due to their duties; and the perpetrators are sentenced to punishment in accordance with the relevant provisions of this Law.

(2) If the crime committed is insult, investigation and prosecution depend on the complaint of the victim.

Reciprocity condition

Article 343- (1) The implementation of the provisions written in this section is subject to the condition of reciprocity.

CHAPTER NINE

Final Provisions

Temporary Article 1 – (Added: 11/4/2013-6459/14 art.)

(1) A decision of lack of jurisdiction cannot be given in cases pending due to the amendment made to Article 235 of this Law by the Law that established this article.

Force

Article 344 – (1) Of this Law;

1. a) Article 184 titled “Causing urban pollution” was published on the date of publication,
2. b) Two years after the date of publication of the first paragraph of Article 181 titled “Deliberate pollution of the environment” and the first paragraph of Article 182 titled “Negligent pollution of the environment”,
3. c) Other provisions on 1 June 2005,

shall enter into force.

Executive

Article 345- (1) The Council of Ministers shall execute the provisions of this Law.

PROVISIONS THAT CANNOT BE IMPLEMENTED IN LAW NO. 5237

1- Temporary Article 1 of Law No. 5560 dated 6/12/2006:

TEMPORARY ARTICLE 1 – In cases where a decision has been made as of the date of entry into force of this Law but has not yet been finalised, a decision to overturn the case cannot be made on the grounds that the scope of the reconciliation has expanded.

LEGISLATION ADDING AND AMENDING THE LAW NO. 5237 OR

PROVISIONS ANNULLED BY THE CONSTITUTIONAL COURT

LIST SHOWING THE ENFORCEMENT DATE