False Imprisonment

The offence of false imprisonment is constituted by the unlawful restriction of an individual's freedom of movement and is subject to severe penalties under Article 109 of the Turkish Penal Code (TPC).

The offence of false imprisonment is regulated under Article 109 of the Turkish Penal Code. Pursuant to the first paragraph of the Article, a person who unlawfully deprives another of their liberty to go to or remain in a particular place shall be sentenced to imprisonment for a term of one to five years. In the second paragraph of the Article, if the perpetrator uses force, threat, or deceit to commit the act or during its commission, they shall be sentenced to imprisonment for a term of two to seven years.

The aggravated circumstances of the offence are regulated in the third paragraph. In the event that this offence is committed: with a weapon; by more than one person acting jointly; due to the victim's public duty; through the abuse of influence provided by public office; against an ascendant, descendant, or spouse; against a child; or against a person who is physically or mentally incapable of self-defence, the penalty to be imposed under the first and second paragraphs of the Article shall be increased by one-half.

If the victim has suffered significant economic loss due to this offence, a judicial fine of up to one thousand days may also be imposed.

If the offence of false imprisonment is committed for sexual purposes, the penalties to be imposed shall be increased by one-half.

Furthermore, if aggravated circumstances of intentional injury occur with the aim of or during the commission of this offence, the provisions pertaining to the offence of intentional injury shall also apply.

In the legislative rationale, the legal value protected by the offence of false imprisonment is defined as the freedom of individuals to act within the framework of their own will and desire. Since individuals possess the liberty to choose where to stay and where to go, the commission of this offence infringes upon a person's freedom to stay in or go to a particular place. Indeed, this offence is constituted by unlawfully depriving a person of their freedom to go to or remain in a particular place. Examples of acts that fall within this definition and necessitate sanctions include __DIR__ . '/../../footer.php'; ?>