Types of Crimes: Frequently Asked Questions

Types of crimes are acts and behaviors defined in legal regulations under different categories, aiming to protect social order and individual rights. Laws detail the elements, penalties, and methods of commission for each offense. The nature of the offense, the perpetrator's intent (mens rea), the victim's status, and the circumstances under which the offense was committed are fundamental in determining the sentence.

Murder (Intentional Homicide)

It is the act of intentionally ending a human life. Regulated under Article 81 of the Turkish Penal Code, it is defined as "intentional homicide." The perpetrator must have knowingly and willingly brought about the victim's death. Aggravated circumstances (aggravated murder) are specified in Article 82; elements such as committing the act with extreme cruelty or premeditation fall under this scope. In older texts, it was also referred to as "katl" or "kasden katl."

Kidnapping

It is the act of unlawfully detaining a person against their will or forcibly transporting them from one place to another. This act is considered among offenses against liberty. It is stipulated in Article 109 of the Turkish Penal Code. The perpetrator's use of force, threat, or deception is sufficient for the offense to be constituted.

Attempted Obstruction of Justice

Any act aimed at interfering with an ongoing judicial process is considered within this scope. Acts such as pressuring witnesses, destroying evidence, or attempting to mislead the court are elements of this offense. It carries criminal sanctions under Article 288 of the Turkish Penal Code.

Aggravated Robbery

It is considered among the qualified circumstances of the offense of robbery. Aggravated robbery is constituted if the act is committed with a weapon, by multiple persons, at night, by blocking a road, or by using force or threat in a manner that breaks the victim's resistance. It is regulated by the provisions of Article 149 of the Turkish Penal Code.

Dissemination of Obscene Publications

It is the production, dissemination, or offering for sale of writings, pictures, images, or sounds that contravene the general moral understanding of society. This act is among offenses against public morality, and its penalty is increased if it contains content specifically targeting children. It is regulated in detail under Article 226 of the Turkish Penal Code.

Lack of Criminal Responsibility Due to Mental Illness (Criminal Incapacity)

Although not directly a type of offense, a person's inability to perceive the legal meaning and consequences of an act they committed eliminates criminal responsibility (culpability). In such a case, instead of a penalty, a security measure is applied to the person.

Unlawful Confinement (Restriction of Liberty)

It is the act of holding a person in a specific place without their consent or restricting their freedom of movement. It is among offenses committed against liberty. If committed through force, threat, or deception, it carries heavier criminal sanctions.

Attempt to Overthrow the Constitutional Order

It is the act of intervening against the democratic legal order guaranteed by the Constitution of the Republic of Turkey, using force and violence. It is defined as the offense of "violating the Constitution" in Article 309 of the Turkish Penal Code. The commission of this offense entails aggravated life imprisonment. A coup attempt is one of the concrete examples of this offense.

Offenses Related to Firearms and Explosives

Acts such as unauthorized possession, sale, carrying, or use of weapons are considered within this scope. Such offenses, which threaten public safety and carry high risk, are specifically regulated within the framework of Law No. 6136. The manufacture and trade of explosives are subject to very severe sanctions.

Hunting Offenses (Poaching)

It is the act of hunting protected animals without authorization, contrary to the rules established for the protection of wildlife. Under Law No. 4915 on Terrestrial Hunting, in addition to administrative fines, imprisonment may also be stipulated.

Banking Offenses

It encompasses acts such as the irregular conduct of banking activities, the granting of loans contrary to regulations, and the performance of unauthorized banking transactions. Both judicial and administrative sanctions are stipulated for natural or legal persons acting contrary to Banking Law No. 5411. Intent (mens rea) is sufficient for the offense to be constituted; it is not a prerequisite for damage to occur.

Simple Bodily Harm

It is the act of causing harm to a person's bodily integrity or health through minor physical intervention. It is regulated under Article 86 of the Turkish Penal Code. If the perpetrator's act results in harm to the victim that can be remedied with a simple medical intervention, it is considered "of a nature that can be remedied with simple medical intervention."

Defamation through the Press

It is the public dissemination of expressions that are offensive to a person's honor, dignity, and reputation through written or visual media. This offense can be evaluated under both Article 125 of the Turkish Penal Code and the provisions of the Press Law. The commission of the offense through the press is an aggravating factor in sentencing.

Forgery of Documents (Official or Private Documents)

It is the act of falsely preparing or altering a document, or using a genuine document in a manner that deceives others. Forgery of official documents is stipulated in Article 204 of the Turkish Penal Code, and forgery of private documents in Article 207. These offenses are considered under the category of "offenses against public trust."

Computer (Cyber) Crimes

It encompasses acts such as unauthorized access to information systems, damaging systems, destroying data, and interfering with personal data. It is regulated between Articles 243 and 245 of the Turkish Penal Code. It is also referred to as "cybercrime." With developing technology, its scope has expanded and it has become a specialized field.

Offenses Committed by Multiple Persons (Complicity)

It is the situation where an offense is committed jointly by multiple perpetrators. This indicates that the offense can occur through different types of participation, such as "co-perpetration" or "aiding and abetting." The amount of punishment varies according to the form of participation. This situation is regulated in the general provisions of the Turkish Penal Code (Articles 37-39).

Inciting or Assisting Suicide

Criminal responsibility arises for those who encourage, persuade, assist, or facilitate a person's suicide. This offense, regulated under Article 84 of the Turkish Penal Code, is among serious offenses against human life. If suicide occurs as a result of the act, the penalty rate increases.

Failure to Report an Offense (Failure to Report an Offense to Competent Authorities)

It is the offense committed by persons who, despite learning of an ongoing or committed offense, fail to report it to the competent authorities in a timely manner. It is regulated under Article 278 of the Turkish Penal Code. Public officials have heavier responsibilities in this regard.

Offenses Committed Against a Spouse During Divorce Proceedings

Acts such as threat, insult, damage to property, or unauthorized disclosure of personal data against a spouse during divorce proceedings are evaluated from both civil and criminal law perspectives. These offenses sometimes fall within the scope of "domestic violence" and necessitate the adoption of protective measures in favor of the victim.

Offense of Vandalism (Destruction, Damage)

It refers to the offense of intentionally damaging, demolishing, or rendering inoperable an item, structure, or facility belonging to the public or an individual. It is regulated under Article 152 et seq. of the Turkish Penal Code, within the scope of damage to property. The penalty is increased, especially if strategic structures such as power transmission lines or public infrastructure are involved.

Violation of Measures Related to Infectious Diseases

Endangering public health by failing to comply with legal measures taken to prevent the spread of infectious diseases constitutes an offense. According to Article 195 of the Turkish Penal Code, acts such as quarantine violation, not wearing a mask, or not complying with isolation rules fall within this scope.

Acquisition of Prohibited Substances

Unauthorized possession, manufacture, or transportation of weapons, explosives, narcotics, or other prohibited substances constitutes an offense. These acts may also be regulated by special laws outside the Turkish Penal Code (e.g., Law No. 6136 or Law No. 2313 on Narcotic Drugs).

Coercion (Offense of Coercion)

It is the use of physical force to compel a person to perform, refrain from performing, or endure an act against their will. It is defined as the offense of "coercion" in Article 108 of the Turkish Penal Code. The perpetrator must engage in coercive actions that break the victim's resistance. It is usually evaluated in conjunction with offenses of threat and restriction of liberty.

Resisting a Public Official by Force and Violence

It is the act of resisting a public official performing their duty by using force or threat. It is punishable under Article 265 of the Turkish Penal Code. If committed together with obstruction of duty, insult, or threat, the penalty is increased. This offense is among acts committed against public order.

Causing Abortion (Procuring Abortion)

It is the unlawful termination of a pregnancy, whether consensual or non-consensual. Article 99 of the Turkish Penal Code regulates this offense. Even with the woman's consent, interventions performed outside the legal period specified in the law constitute an offense. An abortion performed without consent requires a heavier penalty. In older texts, this act was referred to as "izinsiz iskat-ı cenin."

Child Kidnapping and Abduction

It is the kidnapping or abduction of a minor child by persons without custody rights. This offense is regulated under Article 234. Even if custody rights belong to the mother or father, an offense may be constituted if actions are taken contrary to a court order.

Sexual Abuse of Children

It is the act of sexually exploiting individuals under the age of eighteen. It is regulated under Article 103 of the Turkish Penal Code and is subject to severe penalties. The existence of consent is not taken into account; the penalty is increased based on the perpetrator's age, the age difference with the victim, and the nature of the act. Aggravated circumstances of the offense (e.g., commission by multiple persons, commission by a public official, etc.) are evaluated separately.

Involvement of Children in Crime

Although not directly a type of offense, the inducement of children with criminal responsibility to commit offenses or the facilitation of their commission of offenses is separately evaluated in criminal law. In Turkish law, children under the age of 12 do not have criminal responsibility. For those between 12-18 years of age, different penalties and security measures are applied according to age groups.

Child Abduction and Offense Against Parents

The unauthorized taking or abduction of a child from a parent sometimes constitutes an offense not only from a civil law perspective but also within the scope of criminal law. Especially acts carried out by a person who does not have custody rights after divorce, whether mother or father, entail criminal sanctions.

Establishing and Managing a Criminal Organization for Profit

It is the situation where offenses are systematically committed by forming organized structures that aim to generate profit and gain illicit benefits through unlawful means. Under Article 220 of the Turkish Penal Code, the founders, managers, and members of the organization are punished separately. "Mafia-type structures" are among the most well-known examples of this offense type.

Bigamy (Unregistered Marriage – Cohabitation)

According to the Civil Code, monogamy is fundamental. While an married person cohabiting with another outside of marriage or entering into a second marriage does not directly constitute an offense in criminal law, situations such as "presenting the appearance of an unregistered marriage" may encounter criminal sanctions in some special cases. In old law, it was referred to as "taaddüd-ü zevcat."

Intentional Environmental Pollution

Intentionally polluting the natural environment in a manner that harms human health or disrupts the ecosystem constitutes an offense. It is regulated between Articles 181-182 of the Turkish Penal Code. Acts such as discharging waste materials into soil, water, or air fall within this scope. In sentencing, the perpetrator's intent (mens rea), the extent of the damage, and the identity of the victim are important.

Battery (Simple or Aggravated Bodily Harm)

It is the act of a person being subjected to a physical assault that harms their bodily integrity. A simple act of battery is evaluated as "intentional bodily harm" under Article 86 of the Turkish Penal Code. If the act results in a bone fracture, permanent illness, or loss of sensation, the offense becomes aggravated, and the penalty increases. In older texts, it was also referred to as "cerh ve darb."

Coup Attempt (Violation of the Constitution – Offense Against the Government)

These are acts aimed at overthrowing the constitutional order, the government, or the legislative body by using force and violence. They are regulated under Articles 309, 311, and 312 of the Turkish Penal Code, under the headings "Violation of the Constitution," "Offense Against the Legislative Body," and "Offense Against the Government." These offenses are considered tantamount to treason and are punishable by aggravated life imprisonment.

Tampering with Evidence (Destruction or Alteration of Criminal Evidence)

It is the concealment, destruction, or alteration of evidence to prevent the discovery of a committed offense. According to Article 281 of the Turkish Penal Code, even persons not directly involved in the offense incur responsibility if they conceal evidence. It can lead to extremely severe consequences for the integrity of the judicial process.

Violation of Probation/Parole Rules

Failure to comply with probation/parole measures ordered by the court or to fulfill obligations entails legal consequences. Although not considered an offense, it may lead to the person being re-incarcerated in terms of sentence enforcement. This situation is evaluated by the Enforcement Court.

Piracy (Modern Piracy)

These are armed attacks and acts of plunder against ships or maritime vessels in international waters. Although not directly defined in Turkish law, it is considered a combination of various offenses under the Turkish Penal Code, such as robbery, kidnapping, and damage to property. In International Criminal Law, it is referred to as "piracy" and can be prosecuted under universal jurisdiction.

Culpability in Post-Earthquake Destruction (Causing Zoning Violations – Causing Death by Negligence)

It is the situation where structures destroyed in natural disasters such as earthquakes or floods lead to deaths or injuries due to engineering errors or construction contrary to regulations. In this case, lawsuits may be filed against the building owner, contractor, or inspection officials for "causing death or injury by negligence" (TPC Article 85) and "causing zoning violations" (TPC Article 184).

Offenses Against State Security

These are offenses such as espionage, sabotage, and treason directed against the constitutional order, external security, or intelligence system of the Republic of Turkey. Such offenses are generally regulated between Articles 302–339 of the Turkish Penal Code. Acts such as disclosing state secrets or aiding an enemy state are within this scope.

Offenses Against State Secrets and Espionage

It is the sharing of information concerning state security, learned due to public duty or special position, with unauthorized persons or its use in favor of an enemy state. It is stipulated between Articles 326-339 of the Turkish Penal Code. These acts are considered serious offenses in both domestic and international law.

Profiting from Begging (Organized Begging)

Causing persons to beg in a manner that disrupts public order, especially using children or disabled individuals for this purpose, constitutes an offense. Although not directly defined as an offense in the Turkish Penal Code, it is subject to criminal sanctions under the Law on Misdemeanors. If carried out systematically and coercively, it may even fall within the scope of "human trafficking."

Public Denigration of Religious Values

The public denigration of religious values adopted by a person can threaten social peace and an individual's freedom of belief. It is an act that carries criminal sanctions according to Article 216/3 of the Turkish Penal Code. For the offense to be constituted, it must be of a nature that disrupts public order.

Fraud (Deceptive Misrepresentation)

It is the act of obtaining an unjust benefit from a person's or another's assets by deceiving them. It is stipulated between Articles 157-158 of the Turkish Penal Code. While a simple trick is sufficient for "simple fraud," in "aggravated fraud," there are aggravating circumstances such as the perpetrator being a public official or exploiting religious sentiments. In older texts, this offense may be referred to as "mugalata ile iktisap."

Foreign Exchange Offenses (Interference with Financial Markets)

Acts such as depreciating the value of the Turkish Lira, causing public damage through foreign exchange speculations, or conducting unauthorized foreign exchange transactions can be evaluated under the Capital Markets Law and Law No. 1567 on the Protection of the Value of Turkish Currency.

Collaborating with the Enemy (Treason)

It is the act of providing information to an enemy state, rendering assistance, or engaging in activities that disrupt internal order during a state of war or a period of political crisis. This offense is one of the most serious crimes threatening the constitutional order and is punishable by aggravated life imprisonment.

Embezzlement (Abuse of Trust)
It is the use or non-return of property entrusted to a person for a specific purpose, contrary to the owner's will. It is regulated as "abuse of trust" in Article 155 of the Turkish Penal Code. This offense is constituted by the violation of the trust relationship between the parties. The perpetrator must have received the property not merely as a possessor, but within the framework of a legal relationship.

Obstruction of the Right to Education and Instruction
Forcibly or by threat preventing a person from attending school, receiving education, or obstructing the activities of educational institutions constitutes an offense. It is stipulated in Article 112 of the Turkish Penal Code. This offense can lead to severe consequences as it violates an individual's constitutional right. If committed by public officials, the penalty is increased.

Forgery of Documents (Forgery of Official or Private Documents)
The false preparation, alteration, or use of untrue documents, whether official documents, private papers, or documents producing legal consequences, constitutes an offense. It is regulated in Article 204 et seq. of the Turkish Penal Code. Forgery of official documents is considered an offense against public trust, thus a heavier penalty is stipulated.

Bigamous Marriage (Marrying with Knowledge of an Impediment to Marriage)
It is the act of a person who is prohibited from marrying according to legislation (e.g., having an existing marriage) knowingly entering into a new marriage. It is evaluated under the Turkish Civil Code and Article 230 of the Turkish Penal Code. Such marriages performed before an official marriage registrar can be annulled and also entail criminal responsibility.

Non-Recognition of a Child Born Out of Wedlock (Obstruction of Paternity Rights)
The non-recognition of a child by their biological father or the obstruction of establishing paternity is contrary to the Turkish Civil Code. Although not directly within the scope of criminal law, if a child is not recognized despite a court order, rights may be lost in areas such as custody, alimony, and inheritance.

Coercion Through Actual Threat of Divorce (Domestic Pressure Offenses)
The situation where one family member makes life difficult for another through constant threats of divorce, financial pressure, or psychological violence, although not a direct offense heading, can be considered a sub-element of offenses such as "severe incompatibility," "psychological pressure," or "restriction of liberty." These situations are evaluated by establishing a connection between family courts and criminal courts.

Economic Crimes (Causing Public Harm)
Acts that harm public property, such as obtaining unjust tax refunds, bid rigging, embezzlement, and bribery, are among economic crimes. Such offenses are stipulated under the headings of offenses against property and offenses against the security of public administration in the Turkish Penal Code. If the offense is committed by a public official, the penalty is increased.

Seizure and Forcible Taking (Interference with Possession)
It is the forcible taking or seizure of property without the consent of its owner or possessor. This act may overlap with offenses of robbery (plunder) or damage to property. Articles 150 et seq. of the Turkish Penal Code contain provisions on this matter.

Cyber Fraud (Aggravated Fraud via Information Systems)
It is the situation where damage is caused to assets by deceiving individuals using the internet, mobile applications, or electronic systems. Such frauds are considered "aggravated fraud" under Article 158 of the Turkish Penal Code, and their penalty is higher. Actions carried out especially by using the name of banks or public institutions require __DIR__ . '/../../footer.php'; ?>