Turkish Law in EnglishTÜRKİYE
Law No. 5237

Turkish Penal Code (Law No. 5237)

Türk Ceza Kanunu

The Turkish Penal Code sets out the fundamental principles of criminal responsibility, the scope of application of Turkish criminal law, and the definitions of offences together with the penalties and security measures applicable to them.

Part One: Fundamental Principles, Definitions and Scope of Application

Chapter One: Fundamental Principles and Definitions

General Provisions

Article 1Purpose of the Penal Code

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(1) The purpose of the Penal Code is to protect the rights and freedoms of individuals, public order and security, the rule of law, public health and the environment, and social peace, and to prevent the commission of offences. In order to achieve this purpose, the Code sets out the fundamental principles of criminal responsibility and the types of offences, penalties and security measures.

Article 2Principle of legality of offences and penalties

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(1) No one shall be punished, and no security measure shall be imposed, for an act which the law does not expressly define as an offence. No penalty or security measure other than the penalties and security measures prescribed by law shall be imposed.

(2) Offences and penalties shall not be established by regulatory acts of the administration.

(3) Analogy shall not be applied in the implementation of provisions of laws that define offences and penalties. Provisions that define offences and penalties shall not be interpreted broadly in a manner leading to analogy.

Article 3Principle of justice and equality before the law

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(1) A person who commits an offence shall be sentenced to a penalty and security measure proportionate to the gravity of the act committed.

(2) In the implementation of the Penal Code, no distinction shall be made between persons on grounds of race, language, religion, sect, nationality, colour, sex, political or other opinion or thought, philosophical belief, national or social origin, birth, or economic or other social status, and no privilege shall be granted to any person.

Article 4Binding nature of the law

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(1) Ignorance of the criminal laws shall not be deemed an excuse.

(2) Repealed: 29/6/2005, Law No. 5377, Art. 1

Article 5Relationship with special laws

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(1) The general provisions of this Code shall also apply to offences in special criminal laws and in laws containing penalties.

Article 6Definitions

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(1) In the implementation of the criminal laws:

a) The term "citizen" means a person who is a Turkish citizen at the time of committing the act,

b) The term "child" means a person who has not yet completed the age of eighteen,

c) The term "public official" means a person who participates in the conduct of public activity permanently, for a fixed term or temporarily, by way of appointment or election or in any other manner,

d) The term "person exercising judicial functions" means the members and judges of the high courts and of the judicial and administrative courts, as well as public prosecutors and attorneys,

e) The term "night time" means the period of time beginning one hour after sunset and continuing until one hour before sunrise,

f) The term "weapon" means:

1. Firearms,

2. Explosive substances,

3. Any kind of cutting, piercing or bruising instrument made for use in attack and defence,

4. Other things which, even if not made for the purpose of attack and defence, are in fact suitable for use in attack and defence,

5. Burning, corrosive, wounding, suffocating, poisonous, or nuclear, radioactive, chemical or biological substances causing permanent illness,

g) The term "through the press and broadcasting" means publications made through any kind of written, visual, audio and electronic mass communication means,

h) The term "habitual offender" means a person who commits, within one year and at different times, more than two times the basic form of an intentional offence or its qualified forms requiring a heavier or lighter penalty,

i) The term "person making a profession of crime" means a person who has become accustomed to earning a living, even partially, from the proceeds obtained from offences,

j) The term "offender who is a member of an organisation" means a person who establishes or manages a criminal organisation, joins the organisation, or commits an offence on behalf of the organisation together with others or alone,

shall be understood.

Chapter Two: Scope of Application of the Code

Article 7Application in respect of time

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(1) No one shall be punished, and no security measure shall be imposed, for an act which did not constitute an offence under the law in force at the time it was committed. Likewise, no one shall be punished, and no security measure shall be imposed on anyone, for an act which does not constitute an offence under a law entering into force after its commission. If such a penalty or security measure has been imposed, its execution and its legal consequences shall cease automatically.

(2) If the provisions of the law in force at the time the offence was committed and of laws entering into force subsequently differ, the law more favourable to the offender shall be applied and executed.

(3) Amended: 29/6/2005, Law No. 5377, Art. 2 Except for those relating to the suspension of the sentence of imprisonment, conditional release and recidivism, provisions concerning the execution regime shall be applied immediately.

(4) Temporary laws or laws in force for a fixed period shall continue to apply to offences committed during the period in which they were in force.

Article 8Application in respect of place

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(1) Turkish laws shall apply to offences committed in Türkiye. Where the act is committed wholly or partly in Türkiye, or the result occurs in Türkiye, the offence shall be deemed to have been committed in Türkiye.

(2) Where the offence is committed:

a) Within the Turkish land and air spaces and in Turkish territorial waters,

b) On the high seas and in the air space above them, on board Turkish sea and air vehicles or by means of such vehicles,

c) On board Turkish naval and air warfare vehicles or by means of such vehicles,

d) On or against fixed platforms installed on the continental shelf or in the exclusive economic zone of Türkiye,

it shall be deemed to have been committed in Türkiye.

Article 9Judgment rendered in a foreign country

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(1) A person in respect of whom a judgment has been rendered in a foreign country for an offence committed in Türkiye shall be retried in Türkiye.

Article 10Offences committed in the course of duty

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(1) A person who holds an office or has undertaken a duty in a foreign country on behalf of Türkiye and commits an offence in connection therewith shall be retried in Türkiye, even if a judgment of conviction has been rendered against him or her in the foreign country in respect of that act.

Article 11Offence committed by a citizen

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(1) Where a Turkish citizen commits in a foreign country, other than the offences listed in Article 13, an offence requiring under Turkish laws a sentence of imprisonment the lower limit of which is not less than one year, and he or she is present in Türkiye, he or she shall be punished under Turkish laws, provided that no judgment has been rendered in the foreign country for this offence and that prosecution is possible in Türkiye.

(2) Where the offence requires a sentence of imprisonment the lower limit of which is less than one year, trial shall be subject to a complaint by the injured party or by the foreign government. In this case, the complaint must be made within six months from the date on which the citizen enters Türkiye.

Article 12Offence committed by a foreigner

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(1) Where a foreigner commits in a foreign country, to the detriment of Türkiye, other than the offences listed in Article 13, an offence requiring under Turkish laws a sentence of imprisonment the lower limit of which is at least one year, and he or she is present in Türkiye, he or she shall be punished under Turkish laws. Trial shall be subject to a request by the Minister of Justice.

(2) Where the offence specified in the preceding paragraph is committed to the detriment of a Turkish citizen or of a private-law legal person established under Turkish laws and the offender is present in Türkiye, the offender shall be punished under Turkish laws upon the complaint of the person injured by the offence, provided that no judgment has been rendered in the foreign country for this offence.

(3) If the victim is a foreigner, the offender shall be tried upon the request of the Minister of Justice where the following conditions exist:

a) The offence requires under Turkish laws a sentence of imprisonment the lower limit of which is not less than three years.

b) There is no extradition agreement, or the request for extradition has not been accepted by the government of the country where the offence was committed or of the State of which the offender is a national.

(4) A foreigner who has been convicted by a foreign court for an offence falling within the scope of the first paragraph, or whose case or penalty has lapsed for any reason, or who has been acquitted, or whose offence has ceased to be prosecutable, shall be retried in Türkiye upon the request of the Minister of Justice.

(5) Added: 18/6/2014, Law No. 6545, Art. 56 In cases falling within the scope of the first paragraph, trial for the offences of bribery and trading in influence shall not be subject to a request by the Minister of Justice.

Article 13Other offences

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(1) Where the following offences are committed in a foreign country by a citizen or a foreigner, Turkish laws shall apply:

a) Offences set out under Book Two, Part One.

b) Offences set out in Chapters Three, Four, Five, Six, Seven and Eight under Book Two, Part Four.

c) Torture (Articles 94, 95).

d) Intentional pollution of the environment (Article 181).

e) Manufacture of and trade in narcotic or stimulant substances (Article 188), facilitating the use of narcotic or stimulant substances (Article 190).

f) Counterfeiting money (Article 197), production of and trade in instruments used for manufacturing money and valuable stamps (Article 200), counterfeiting seals (Article 202).

g) Prostitution (Article 227).

h) Repealed: 26/6/2009, Law No. 5918, Art. 1

i) Offences of hijacking or seizing sea, railway or air transport vehicles (Article 223, paragraphs 2, 3) or of damage committed against such vehicles (Article 152).

(2) Added second paragraph: 29/6/2005, Law No. 5377, Art. 3 Except for those set out in Chapters Three, Four, Five, Six and Seven under Book Two, Part Four, trial in Türkiye for offences falling within the scope of the first paragraph shall be subject to a request by the Minister of Justice.

(3) Even if a judgment of conviction or acquittal has been rendered in a foreign country in respect of the offences listed in subparagraphs (a) and (b) of the first paragraph, trial shall be conducted in Türkiye upon the request of the Minister of Justice.

Article 14Investigation in the case of alternative penalties

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(1) In the cases specified in Articles 11 and 12, if the article of law in which the offence under investigation is set out provides for the imposition of either a sentence of imprisonment or a judicial fine as alternatives, no investigation or prosecution shall be initiated.

Article 15Calculation of the penalty constituting a condition for investigation

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(1) In cases where the amount of the penalty constitutes a condition for investigation, the penalty shall be calculated by taking into account the lower limit of the statutory aggravating circumstances and the upper limit of the statutory mitigating circumstances put forward at the investigation stage.

Article 16Deduction from the penalty

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(1) For an offence, wherever committed, the period spent in a foreign country in custody, under observation, in pre-trial detention or serving a sentence shall be deducted from the penalty to be imposed in Türkiye for the same offence.

Article 17Deprivation of rights

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(1) In the cases set out in the preceding articles, where a judgment rendered by foreign courts which is not contrary to the Turkish legal order entails, under Turkish laws, deprivation of a right, the court shall, upon the request of the public prosecutor, decide that its consequences under Turkish laws shall be effective.

Article 19Taking foreign law into account

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(1) Where a trial is conducted in Türkiye for offences committed outside the sovereignty area of Türkiye, the penalty to be imposed under Turkish law shall not exceed the upper limit of the penalty prescribed in the law of the country where the offence was committed.

(2) However, where the offence is committed:

a) Against the security of Türkiye or to its detriment,

b) Against a Turkish citizen or to the detriment of a private-law legal person established under Turkish laws,

the provision of the preceding paragraph shall not apply.

Part Two: Principles of Criminal Responsibility

Chapter One: Personal Nature of Criminal Responsibility, Intent and Negligence

Article 20Personal nature of criminal responsibility

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(1) Criminal responsibility is personal. No one shall be held responsible for the act of another person.

(2) Criminal sanctions shall not be imposed on legal persons. However, sanctions in the nature of security measures provided by law on account of an offence are reserved.

Article 21Intent

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(1) The commission of an offence depends on the existence of intent. Intent is the knowing and willing realisation of the elements in the legal definition of the offence.

(2) Where a person commits the act despite foreseeing that the elements in the legal definition of the offence may be realised, there is probable intent (dolus eventualis). In this case, for offences requiring a sentence of aggravated life imprisonment, a sentence of life imprisonment shall be imposed; for offences requiring a sentence of life imprisonment, a sentence of imprisonment of twenty to twenty-five years shall be imposed; and for other offences, the basic penalty shall be reduced by one third to one half.

Article 22Negligence

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(1) Acts committed by negligence shall be punished in cases expressly specified by law.

(2) Negligence is the performance of a conduct, in breach of the duty of attention and care, without foreseeing the result specified in the legal definition of the offence.

(3) Where the result occurs although the person did not want the result he or she foresaw, there is conscious negligence; in this case, the penalty for the negligent offence shall be increased by one third to one half.

(4) The penalty to be imposed for an offence committed by negligence shall be determined according to the fault of the offender.

(5) In offences committed by negligence by more than one person, each person shall be responsible for his or her own fault. The penalty of each offender shall be determined separately according to his or her fault.

(6) Where the result caused by negligent conduct has affected the offender, exclusively in terms of his or her personal and family situation, to such an extent that the imposition of a penalty would no longer be necessary, no penalty shall be imposed; in the case of conscious negligence, the penalty to be imposed may be reduced by one half to one sixth.

Article 23Offence aggravated by its consequences

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(1) Where an act causes a result that is graver than, or different from, the one intended, in order for the person to be held responsible for it, he or she must have acted at least negligently with respect to that result.

Chapter Two: Grounds Excluding or Reducing Criminal Responsibility

Article 24Provision of law and order of a superior

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(1) No penalty shall be imposed on a person who executes a provision of law.

(2) A person who carries out an order issued by a competent authority, the execution of which is mandatory as a requirement of duty, shall not be responsible.

(3) An order the subject of which constitutes an offence shall in no case be carried out. Otherwise, the person carrying it out and the person giving the order shall be responsible.

(4) In cases where review of the lawfulness of the order is prevented by law, the person giving the order shall be responsible for its execution.

Article 25Legitimate defence and necessity

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(1) No penalty shall be imposed on an offender for acts committed out of the necessity to repel an unjust attack directed against a right belonging to himself or herself or to another, which is occurring, or the occurrence or repetition of which is certain, in a manner proportionate to the attack in light of the situation and circumstances at that moment.

(2) No penalty shall be imposed on an offender for acts committed out of the necessity to save himself or herself or another from a grave and certain danger directed against a right belonging to himself or herself or to another, which he or she has not knowingly caused and from which there is no other means of protection, provided that there is proportionality between the gravity of the danger and the subject and the means used.

Article 26Exercise of a right and consent of the person concerned

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(1) No penalty shall be imposed on a person who exercises his or her right.

(2) No penalty shall be imposed on anyone for an act committed within the scope of the consent declared by a person, in relation to a right over which that person may absolutely dispose.

Article 27Exceeding the limit

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(1) Where, in the case of grounds excluding criminal responsibility, the limit is exceeded without intent, and the act is also punishable when committed by negligence, the penalty prescribed by law for the negligent offence shall be imposed, reduced by one sixth to one third.

(2) Where exceeding the limit in legitimate defence results from excusable excitement, fear or panic, no penalty shall be imposed on the offender.

Article 28Force and violence, intimidation and threat

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(1) No penalty shall be imposed on a person who commits an offence as a result of force and violence which he or she cannot resist or escape, or as a result of certain and grave intimidation or threat. In such cases, the person using the force and violence, intimidation and threat shall be deemed the offender.

Article 29Unjust provocation

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(1) A person who commits an offence under the influence of anger or severe distress caused by an unjust act shall be sentenced to imprisonment of eighteen to twenty-four years instead of aggravated life imprisonment, and to imprisonment of twelve to eighteen years instead of life imprisonment. In other cases, the penalty to be imposed shall be reduced by one quarter to three quarters.

Article 30Mistake

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(1) A person who, at the time of committing the act, is unaware of the material elements in the legal definition of the offence shall not have acted intentionally. Liability for negligence on account of this mistake is reserved.

(2) A person who is mistaken as to the existence of qualified circumstances of an offence requiring a heavier or lighter penalty shall benefit from this mistake.

(3) A person who makes an unavoidable mistake as to the existence of the conditions of grounds excluding or reducing criminal responsibility shall benefit from this mistake.

(4) Added paragraph: 29/6/2005, Law No. 5377, Art. 4 A person who makes an unavoidable mistake as to whether the act he or she commits constitutes a wrong shall not be punished.

Article 31Minority of age

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(1) Children who have not completed the age of twelve at the time of committing the act have no criminal responsibility. No criminal prosecution may be conducted against such persons; however, security measures specific to children may be applied.

(2) Amended: 29/6/2005, Law No. 5377, Art. 5 Persons who have completed the age of twelve but have not completed the age of fifteen at the time of committing the act have no criminal responsibility if they are unable to perceive the legal meaning and consequences of the act committed or if their ability to direct their behaviour is not sufficiently developed. However, security measures specific to children shall be imposed on such persons. Where they have the ability to perceive the legal meaning and consequences of the act committed and to direct their behaviour in relation to that act, such persons shall be sentenced to imprisonment of thirteen to eighteen years if the offence requires a sentence of aggravated life imprisonment, and to imprisonment of ten to twelve years if it requires a sentence of life imprisonment. Other penalties shall be reduced by one half, and in this case the sentence of imprisonment to be imposed for each act shall not exceed nine years.

(3) Amended: 29/6/2005, Law No. 5377, Art. 5 Persons who have completed the age of fifteen but have not completed the age of eighteen at the time of committing the act shall be sentenced to imprisonment of nineteen to twenty-seven years if the offence requires a sentence of aggravated life imprisonment, and to imprisonment of fifteen to eighteen years if it requires a sentence of life imprisonment. Other penalties shall be reduced by one third, and in this case the sentence of imprisonment to be imposed for each act shall not exceed fifteen years.

(4) Added: 8/8/2026, Law No. 7593, Art. 2 Taking into account, in the specific case, one or more of the following matters:

a) The gravity of the fault based on intent,

b) The aim and motive pursued,

c) The manner in which the offence was committed,

d) Having previously been sentenced to imprisonment for an intentional offence,

the provisions of the third paragraph may not be applied to persons who have completed the age of fifteen but have not completed the age of eighteen and who commit the offences of intentional killing (Articles 81, 82) and of wounding aggravated by its consequences (Article 87, paragraphs 2 and 4). In respect of persons who have completed the age of twelve but have not completed the age of fifteen at the time of committing the act and who have criminal responsibility, the provisions of the third paragraph may be applied instead of the provisions of the second paragraph.

Article 32Mental illness

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(1) No penalty shall be imposed on a person who, due to mental illness, is unable to perceive the legal meaning and consequences of the act committed, or whose ability to direct his or her behaviour in relation to that act is significantly diminished. However, security measures shall be imposed on such persons.

(2) A person whose ability to direct his or her behaviour in relation to the act committed is diminished, although not to the degree specified in the first paragraph, shall be sentenced to imprisonment of twenty-five years instead of aggravated life imprisonment, and to imprisonment of twenty years instead of life imprisonment. In other cases, the penalty to be imposed may be reduced by not more than one sixth. Amended sentence: 24/12/2025, Law No. 7571, Art. 14 A security measure specific to the mentally ill shall additionally be imposed on the person.

Article 33Deafness and muteness

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(1) The provisions of this Code concerning children who have not completed the age of twelve at the time of committing the act shall also apply to deaf and mute persons who have not completed the age of fifteen; the provisions concerning those who have completed the age of twelve but have not completed the age of fifteen shall also apply to deaf and mute persons who have completed the age of fifteen but have not completed the age of eighteen; and the provisions concerning those who have completed the age of fifteen but have not completed the age of eighteen shall also apply to deaf and mute persons who have completed the age of eighteen but have not completed the age of twenty-one.

Article 34Temporary causes, being under the influence of alcohol or narcotic substances

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(1) No penalty shall be imposed on a person who, owing to a temporary cause or under the influence of alcohol or narcotic substances taken involuntarily, is unable to perceive the legal meaning and consequences of the act committed, or whose ability to direct his or her behaviour in relation to that act is significantly diminished.

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

Chapter Three: Attempt to Commit an Offence

Article 35Attempt to commit an offence

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(1) A person who, with suitable acts, directly commences the execution of an offence which he or she intends to commit but is unable to complete it due to reasons beyond his or her control shall be held responsible for attempt.

(2) In the case of attempt to commit an offence, the offender shall be punished, according to the gravity of the damage or danger caused, with imprisonment of fourteen to twenty-one years instead of aggravated life imprisonment, and with imprisonment of ten to eighteen years instead of life imprisonment. In other cases, the penalty to be imposed shall be reduced by one quarter to three quarters.

Article 36Voluntary abandonment

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(1) If the offender voluntarily abandons the acts of execution of the offence, or through his own efforts prevents the completion of the offence or the occurrence of the result, he shall not be punished for attempt; however, where the completed part in itself constitutes an offence, he shall be punished only with the penalty for that offence.

Chapter Four: Participation in an Offence

Article 37Perpetration

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(1) Each of the persons who jointly carry out the act set out in the legal definition of the offence shall be liable as an offender.

(2) A person who uses another as an instrument in the commission of the offence shall also be held liable as an offender. The penalty of a person who uses persons lacking culpability capacity as an instrument in the commission of the offence shall be increased by one third to one half.

Article 38Incitement

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(1) A person who incites another to commit an offence shall be punished with the penalty for the offence committed.

(2) In the case of incitement to an offence by using influence arising from an ascendant and descendant relationship, the penalty of the inciter shall be increased by one third to one half. In the case of incitement of children to an offence, the existence of an ascendant and descendant relationship shall not be required for the penalty to be increased under this paragraph.

(3) Where the inciter is unknown, the offender or other accomplice who enables the identity of the inciter to be revealed may be sentenced to imprisonment of twenty to twenty-five years instead of aggravated life imprisonment, and to imprisonment of fifteen to twenty years instead of life imprisonment. In other cases, the penalty to be imposed may be reduced by one third.

Article 39Assistance

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(1) A person who assists in the commission of an offence shall be sentenced to imprisonment of fifteen to twenty years where the offence committed requires aggravated life imprisonment, and to imprisonment of ten to fifteen years where it requires life imprisonment. In other cases, the penalty shall be reduced by one half. However, in this case the penalty to be imposed may not exceed eight years.

(2) In the following cases, a person shall be liable as an assistant for the offence committed:

a) Encouraging the commission of an offence, reinforcing the decision to commit an offence, or promising to provide assistance after the commission of the act.

b) Giving guidance on how the offence is to be committed, or providing the instruments used in the commission of the act.

c) Facilitating the execution of the offence by providing assistance before or during its commission.

Article 40Rule of accessoriness

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(1) For participation in an offence, the existence of an act committed intentionally and unlawfully is sufficient. Each person who participates in the commission of the offence shall be punished according to his own culpable act, without regard to the personal reasons that prevent the punishment of another.

(2) In special offences (offences that may be committed only by persons having a particular status), only a person having the special offender status may be an offender. Other persons who participate in the commission of such offences shall be held liable as inciters or assistants.

(3) In order to be held liable for participation in an offence, the offence concerned must have reached at least the stage of attempt.

Article 41Voluntary abandonment in offences committed jointly

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(1) In offences committed jointly, only the accomplice who voluntarily abandons shall benefit from the provisions on voluntary abandonment.

(2) Where the offence:

a) Has not been committed for a reason other than the efforts made by the person who voluntarily abandons,

b) Has been committed despite all the efforts of the person who voluntarily abandons,

the provisions on voluntary abandonment shall also apply.

Chapter Five: Concurrence of Offences

Article 42Composite offence

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(1) An offence which is deemed a single act because one offence constitutes an element or an aggravating circumstance of the other is called a composite offence. The provisions on concurrence shall not apply to such offences.

Article 43Successive offence

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(1) Where the same offence is committed more than once against one person at different times in the execution of a single decision to commit an offence, a single penalty shall be imposed. However, this penalty shall be increased by one quarter to three quarters. The basic form of an offence and its qualified forms requiring a heavier or lighter penalty shall be deemed the same offence. Added sentence: 29/6/2005, Law No. 5377, Art. 6 The provision of this paragraph shall also apply to offences in which the victim is not a specific person.

(2) Where the same offence is committed against more than one person by a single act, the provision of paragraph 1 shall also apply.

(3) The provisions of this article shall not apply to the offences of intentional killing, intentional injury, torture and robbery.

Article 44Notional concurrence

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(1) A person who, by a single act, causes more than one different offence to arise shall be punished for the offence requiring the heaviest penalty among them.

Part Three: Sanctions

Chapter One: Penalties

Article 45Penalties

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(1) Penalties, as sanctions applied in response to an offence, are imprisonment and judicial fines.

Article 46Imprisonment penalties

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(1) Imprisonment penalties are as follows:

a) Aggravated life imprisonment.

b) Life imprisonment.

c) Fixed-term imprisonment.

Article 47Aggravated life imprisonment

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(1) Aggravated life imprisonment shall continue throughout the life of the convict and shall be served in accordance with the strict security regime set out in the law and in the regulation issued by the President of the Republic.

Article 48Life imprisonment

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(1) Life imprisonment shall continue throughout the life of the convict.

Article 49Fixed-term imprisonment

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(1) Fixed-term imprisonment may not be less than one month or more than twenty years, except where otherwise provided by law.

(2) Imprisonment of one year or less imposed by judgment is short-term imprisonment.

Article 50Alternative sanctions to short-term imprisonment

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(1) Short-term imprisonment, depending on the personality of the offender, his social and economic situation, the remorse he has shown during the trial process and the characteristics of the commission of the offence, into:

a) A judicial fine,

b) Full redress of the damage suffered by the victim or the public, by way of restitution in kind, restoration to the state prior to the offence or compensation,

c) Attendance, for a period of at least two years, at an educational institution which, where necessary, also provides accommodation, for the purpose of acquiring a profession or trade,

d) Prohibition from going to certain places or from carrying out certain activities, for a period from one half up to the full length of the sentence imposed,

e) Where the offence has been committed by abusing the rights and powers conferred by, or by acting contrary to the duty of care and diligence required by, a licence or permit: withdrawal of the relevant licence and permit documents, or prohibition from practising a certain profession or trade, for a period from one half up to the full length of the sentence imposed,

f) Employment in work of public benefit, on a voluntary basis, for a period from one half up to the full length of the sentence imposed,

may be converted.

(2) In cases where the definition of the offence provides for imprisonment and a judicial fine as alternatives, if imprisonment has been imposed, this penalty shall no longer be converted into a judicial fine.

(3) Provided that the person has not previously been sentenced to imprisonment, imprisonment of thirty days or less imposed, and imprisonment of one year or less imposed on persons who, on the date of committing the act, had not reached eighteen years of age or had completed sixty-five years of age, shall be converted into one of the alternative sanctions set out in paragraph 1.

(4) Even where the imprisonment imposed for negligent offences is long-term, this penalty may, if the other conditions are met, be converted into a judicial fine under subparagraph (a) of paragraph 1. However, this provision shall not apply in the case of conscious negligence.

(5) In enforcement, the principal conviction is the judicial fine or measure into which the penalty has been converted under the provisions of this article.

(6) Where, after the judgment has become final and despite the notification served by the public prosecutor's office, the requirements of the alternative measure are not commenced within thirty days, or are commenced but not continued, the enforcement judgeship shall decide on the execution of the short-term imprisonment in whole or in part, and this decision shall be executed immediately. In this case, the provision of paragraph 5 shall not apply.

(7) Where the alternative measure imposed cannot be fulfilled for reasons beyond the control of the convict, the measure shall be changed by the enforcement judgeship.

Article 51Suspension of imprisonment

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(1) The sentence of a person sentenced to imprisonment of two years or less for the offence he has committed may be suspended. The upper limit of this period is three years for persons who, at the time of committing the act, had not reached eighteen years of age or had completed sixty-five years of age. However, in order for a suspension decision to be given, with respect to the person:

a) Not having previously been sentenced to imprisonment of more than three months for an intentional offence,

b) The formation of a conviction by the court, owing to the remorse shown by the person during the trial process after committing the offence, that he will not commit an offence again,

is required.

(2) The suspension of the sentence may be made subject to the condition of full redress of the damage suffered by the victim or the public, by way of restitution in kind, restoration to the state prior to the offence or compensation. In this case, the sentence shall continue to be served in a penal institution until the condition is fulfilled. Upon fulfilment of the condition, the convict shall be released from the penal institution immediately by decision of the enforcement judge.

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

(4) During the period of supervision:

a) The attendance of a convict who has no profession or trade at an education programme for this purpose,

b) The employment of a convict who has a profession or trade, for a wage, in a public institution or privately under the supervision of another person practising the same profession or trade,

c) The attendance of convicts under eighteen years of age, for the purpose of acquiring a profession or trade, at an educational institution which, where necessary, also provides accommodation,

may be ordered by the court.

(5) The court may appoint an expert to guide the convict during the period of supervision. This person shall advise the convict on ridding himself of bad habits and leading a good life with a sense of responsibility; shall meet and consult with the officials of the institution where the convict receives education or with the persons under whom he works; and shall draw up reports at three-month intervals on the convict's behaviour, social adaptation and progress in his sense of responsibility and submit them to the enforcement judge.

(6) The court may also, taking into account the personality and social situation of the convict, decide that the period of supervision be spent without imposing any obligation or appointing an expert.

(7) Where the convict commits an intentional offence during the period of supervision, or persists in failing to comply with the obligations imposed on him despite the warning of the enforcement judge, the enforcement judgeship shall decide that the suspended sentence be served, in part or in full, in a penal institution.

(8) Where the period of supervision is spent in compliance with the obligations or with good conduct, the sentence shall be deemed to have been executed.

Article 52Judicial fine

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(1) A judicial fine consists of the payment by the convict to the State Treasury of the sum calculated by multiplying the number of full days, determined as not less than five days and, unless otherwise provided by law, not more than seven hundred and thirty days, by the amount assessed for one day.

(2) The amount of the judicial fine for one day, which shall be at least one hundred and at most five hundred Turkish Liras, shall be assessed taking into account the economic and other personal circumstances of the person.

(3) The decision shall indicate separately the number of full days on which the determination of the judicial fine is based and the amount assessed for one day.

(4) The judge may, taking into account the economic and personal circumstances of the person, grant the person a period of grace not exceeding one year from the date on which the judgment becomes final to pay the judicial fine, or may decide that this penalty be paid in specified instalments. The instalment period may not exceed two years and the number of instalments may not be less than four. The decision shall state that, if any one of the instalments is not paid on time, the entire remaining amount shall be collected and the unpaid judicial fine shall be converted into imprisonment.

Chapter Two: Security Measures

Article 53Deprivation of the exercise of certain rights

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(1) As a legal consequence of being sentenced to imprisonment for an offence committed intentionally, the person shall be deprived of:

a) Undertaking a permanent, fixed-term or temporary public office; in this context, membership of the Grand National Assembly of Türkiye, or employment in any civil service post or service subject to appointment or election conferred by the State, a province, a municipality, a village or the institutions and organisations under their supervision and control,

b) The capacity to vote and to be elected (…),

c) Parental custody rights; serving in any function relating to guardianship or curatorship,

d) Being a manager or auditor of the legal entities of foundations, associations, trade unions, companies, cooperatives and political parties,

e) Practising, under his own responsibility as a self-employed professional or merchant, a profession or trade subject to the permission of a public institution or of a professional organisation having the nature of a public institution,

these rights.

(2) The person may not exercise these rights until the execution of the sentence of imprisonment imposed for the offence committed has been completed.

(3) The provisions of the above paragraphs shall not apply, with respect to the powers of custody, guardianship and curatorship over his own descendants, to a convict whose sentence of imprisonment has been suspended, or whose sentence is executed by applying a probation measure, or who has been conditionally released. It may be decided that the deprivation of the right referred to in subparagraph (e) of paragraph 1 shall not apply to a convict whose sentence of imprisonment has been suspended, or whose sentence is executed by applying a probation measure, or who has been conditionally released.

(4) The provision of paragraph 1 shall not apply to persons whose short-term imprisonment has been suspended or who had not reached eighteen years of age at the time of committing the act.

(5) In the case of a sentence of imprisonment for offences committed by abusing one of the rights and powers listed in paragraph 1, it shall additionally be decided that the exercise of that right and power be prohibited, to run after the execution of the sentence, for a period from one half up to the full length of the sentence imposed. In the case of a sentence of a judicial fine only for offences committed by abusing one of these rights and powers, it shall be decided that the exercise of that right and power be prohibited for a period from one half up to the full number of days stated in the judgment. The period of the prohibition, which is enforced upon the judgment becoming final, shall begin to run from the full execution of the judicial fine.

(6) In the case of a conviction for a negligent offence committed in breach of the duty of care and diligence required by a certain profession or trade or by traffic order, it may be decided that the practice of that profession or trade be prohibited, or that the driving licence be withdrawn, for not less than three months and not more than three years. The prohibition and withdrawal shall take effect upon the judgment becoming final, and the period shall begin to run from the full execution of the sentence.

Article 54Confiscation of items

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(1) Provided that they do not belong to bona fide third parties, the confiscation of items used in the commission of an intentional offence, or allocated to the commission of the offence, or derived from the offence, shall be ordered. Items prepared for use in the commission of the offence shall be confiscated where they are dangerous in terms of public safety, public health or public morality. Added sentence: 24/11/2016, Law No. 6763, Art. 11 Where a limited real right has been established over the item in favour of bona fide third parties, the confiscation decision shall be given subject to the preservation of that right.

(2) Where an item falling within the scope of paragraph 1 has been destroyed, disposed of or consumed, or its confiscation has otherwise been rendered impossible, the confiscation of an amount of money equal to the value of that item shall be ordered.

(3) Where it is understood that the confiscation of an item used in the offence would lead to consequences more severe than the offence committed and would therefore be contrary to equity, its confiscation may not be ordered.

(4) Items whose production, possession, use, transport, purchase and sale constitute an offence shall be confiscated.

(5) Where only certain parts of a thing need to be confiscated, if it is possible to separate those parts without damaging the whole, only the confiscation of those parts shall be ordered.

(6) With respect to items in which more than one person holds a share, only the confiscation of the share of the person who participated in the offence shall be ordered.

Article 55Confiscation of gains

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(1) The confiscation of material benefits obtained through the commission of an offence, or constituting the subject of the offence, or provided for the commission of the offence, and of economic gains arising from the investment or conversion of such benefits, shall be ordered. For a confiscation decision to be given under this paragraph, it is required that the material benefit cannot be returned to the victim of the offence.

(2) Where the items or material benefits subject to confiscation cannot be seized or have not been delivered to the competent authority, the confiscation of assets corresponding to their value shall be ordered.

(3) Added: 26/6/2009, Law No. 5918, Art. 2 For an item falling within the scope of this article to be confiscated, the person who subsequently acquired the item must be unable to benefit from the provisions on the protection of good faith of the Turkish Civil Code No. 4721 dated 22/11/2001.

Article 56Security measures specific to children

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(1) The security measures specific to children and the manner in which they are to be applied shall be set out in the relevant law.

Article 57Security measures specific to the mentally ill

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(1) A security measure for the purposes of protection and treatment shall be ordered in respect of a person who was mentally ill at the time of committing the act. Mentally ill persons in respect of whom a security measure has been ordered shall be placed under protection and treatment in high-security health institutions.

(2) A mentally ill person in respect of whom a security measure has been ordered may be released by decision of the enforcement judge upon a report drawn up by the health board of the institution in which he has been placed stating that his dangerousness to society has ceased or has significantly diminished. Added sentence: 24/12/2025, Law No. 7571, Art. 15 However, for mentally ill persons in respect of whom a security measure has been ordered pursuant to paragraph 1 of Article 32, the period to be spent in the institution may not be less than one year for offences requiring aggravated life imprisonment and life imprisonment, and not less than six months for offences requiring imprisonment with an upper limit of more than ten years.

(3) The health board report shall state, according to the nature of the mental illness and of the act committed, whether medical monitoring and follow-up of the person is necessary for security purposes and, if so, its duration and intervals.

(4) Medical monitoring and follow-up shall be ensured by the public prosecutor's office sending such persons, at the duration and intervals indicated in the report, to a health institution having the technical equipment and authorised specialists.

(5) Where, during medical monitoring and follow-up, it is understood that the dangerousness of the person to society owing to mental illness has increased, a security measure for the purposes of protection and treatment shall again be ordered by the enforcement judgeship on the basis of the report prepared. In this case, the procedures set out in paragraph 1 and the following paragraphs shall be repeated.

(6) Repealed: 24/12/2025, Law No. 7571, Art. 15

(7) Offenders who are addicted to alcohol, narcotic or stimulant substances shall, as a security measure, be ordered to be placed under treatment in a health institution specialising in persons addicted to alcohol, narcotic or stimulant substances. The treatment of these persons shall continue until they are freed from their addiction to alcohol, narcotic or stimulant substances. These persons may be released by decision of the enforcement judge upon a report to this effect to be drawn up by the health board of the institution in which they have been placed.

Article 58Recidivism and specially dangerous offenders

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(1) Where a new offence is committed after the judgment rendered for a previously committed offence has become final, the provisions on recidivism shall apply. For this purpose, it is not necessary that the penalty has been executed.

(2) In respect of the previously committed offence, the provisions on recidivism shall not apply to offences committed after the lapse of:

a) in the case of a conviction to imprisonment for more than five years, five years from the date on which that penalty was executed,

b) in the case of a conviction to imprisonment of five years or less or to a judicial fine, three years from the date on which that penalty was executed,

as the case may be.

(3) In the case of recidivism, where the provision of law concerning the subsequent offence provides for imprisonment and a judicial fine as alternatives, imprisonment shall be imposed.

(4) The provisions on recidivism shall not apply between intentional offences and negligent offences, nor between purely military offences and other offences. Judgments rendered by courts of foreign countries shall not form a basis for recidivism, except for the offences of intentional killing, intentional injury, robbery, fraud, manufacture of and trade in narcotic or stimulant substances, and counterfeiting of money or valuable stamps.

(5) The provisions on recidivism shall not apply in respect of offences committed by persons who had not attained the age of eighteen at the time of committing the act.

(6) The penalty imposed in the case of recidivism shall be served according to the execution regime specific to recidivists. In addition, after the execution of the penalty, a probation measure shall be applied in respect of the recidivist.

(7) The conviction judgment shall state that the execution regime specific to recidivists and, after the execution of the penalty, the probation measure shall be applied in respect of the convict.

(8) The execution of the penalty to which recidivists have been sentenced and the application of the probation measure shall be carried out in the manner set out in the law.

(9) It shall also be ordered that the execution regime specific to recidivists and, after the execution of the penalty, the probation measure be applied in respect of a habitual offender, a person who has made a profession of crime, or an offender who is a member of an organisation.

Article 59Deportation

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Amended: 31/3/2005, Law No. 5328, Art. 1

(1) Where a foreigner has been sentenced to imprisonment for an offence committed by him, his situation shall be notified immediately to the Ministry of Interior for evaluation with respect to deportation procedures, after a decision has been made on the execution of his penalty by applying a probation measure or on his conditional release, and in any event after the execution of his penalty has been completed.

Article 60Security measures in respect of legal persons

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(1) In the case of a conviction for intentional offences committed for the benefit of a legal person of private law operating on the basis of a permit granted by a public institution, with the participation of the organs or representatives of that legal person and through abuse of the authority conferred by that permit, the revocation of the permit shall be ordered.

(2) The provisions on confiscation shall also apply to legal persons of private law in respect of offences committed for their benefit.

(3) In cases where the application of the provisions of the above paragraphs may lead to consequences more severe than the act committed, the judge may refrain from ordering these measures.

(4) The provisions of this Article shall apply in the cases specifically indicated by law.

Chapter Three: Determination and Individualisation of the Penalty

Article 61Determination of the penalty

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(1) In the concrete case, the judge, taking into account:

a) the manner in which the offence was committed,

b) the means used in the commission of the offence,

c) the time and place at which the offence was committed,

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

e) the gravity of the harm or danger caused,

f) the gravity of the offender's fault based on intent or negligence,

g) the aim and motive pursued by the offender,

shall determine the basic penalty between the lower and upper limits of the penalty provided for in the legal definition of the offence committed.

(2) A reduction or increase on account of the offence having been committed with possible intent (dolus eventualis) or conscious negligence shall be made on the penalty determined according to the provision of paragraph 1.

(3) Where the matters specified in paragraph 1 constitute an element of the offence, they shall not be taken into account separately in determining the basic penalty.

(4) Where more than one aggravated or mitigated qualified circumstance requiring a heavier or lesser penalty in relation to the basic form of an offence occurs, the basic penalty shall first be increased and then reduced.

(5) The final penalty shall be determined by applying, in turn, to the penalty determined according to the above paragraphs the provisions concerning attempt, participation, successive offence, unjust provocation, minority of age, mental illness and personal grounds requiring a reduction of the penalty, as well as the discretionary grounds for reduction.

(6) The term of imprisonment shall be determined by computing days, months and years. One day is twenty-four hours; one month is thirty days. A year shall be computed according to the official calendar. Any remainder of less than one day for imprisonment, or of less than one Turkish Lira for a judicial fine, shall not be taken into account and shall not be executed.

(7) Added: 29/6/2005, Law No. 5377, Art. 7 The final penalty determined according to the provisions of this Article for an offence requiring a fixed-term imprisonment may not exceed thirty years.

(8) Added: 29/6/2005, Law No. 5377, Art. 7 In calculating a judicial fine, the increases and reductions relating to the determination and individualisation of the penalty according to the provision of this Article shall be made on the number of days. The judicial fine shall be found by multiplying the resulting number of days by the amount that the person can pay for one day.

(9) Added: 6/12/2006, Law No. 5560, Art. 1 In offences for which a judicial fine is provided as an alternative penalty, the lower limit of the day units relating to that penalty may not be less than the lower limit of the imprisonment in the definition of that offence, and its upper limit may not exceed the upper limit of the imprisonment.

(10) Unless expressly provided by law, penalties may not be increased, reduced or changed.

Article 62Discretionary grounds for reduction

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(1) Where there exist discretionary grounds that would mitigate the penalty in favour of the offender, life imprisonment shall be imposed instead of aggravated life imprisonment, and twenty-five years of imprisonment instead of life imprisonment. Other penalties shall be reduced by up to one sixth.

(2) As discretionary grounds for reduction, the offender's background, social relations, conduct after the act and during the proceedings showing remorse, or the possible effects of the penalty on the offender's future (...) may be taken into account. Added sentence: 12/5/2022, Law No. 7406, Art. 1 However, formal attitudes and conduct of the offender aimed at influencing the court during the hearing shall not be taken into account as a discretionary ground for reduction. The discretionary grounds for reduction shall be stated in the decision together with their reasons.

Article 63Deduction (credit for time served)

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(1) Periods spent on account of all circumstances that occurred before the judgment became final and resulted in a restriction of personal liberty shall be deducted from the imprisonment imposed. Where a judicial fine is imposed, a deduction shall be made from that penalty, with one day being counted as five hundred Turkish Liras.

Chapter Four: Discontinuance of the Action and Extinction of the Penalty

Article 64Death of the accused or the convict

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(1) Upon the death of the accused, it shall be decided to discontinue the public action. However, the proceedings may be continued in respect of items and material benefits that are subject to confiscation by their nature, and their confiscation may be ordered.

(2) The death of the convict extinguishes imprisonment and judicial fines that have not yet been executed. However, a judgment relating to confiscation and the costs of proceedings that became final before the death shall be executed.

Article 65Amnesty and pardon

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(1) In the case of a general amnesty, the public action shall be discontinued and the penalties imposed shall be extinguished together with all their consequences.

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

(3) Deprivations of rights attached to the penalty or specified in the judgment shall continue to have effect notwithstanding a special pardon.

Article 66Limitation for prosecution

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(1) Except in cases otherwise provided by law, the public action:

a) for offences requiring aggravated life imprisonment, thirty years,

b) for offences requiring life imprisonment, twenty-five years,

c) for offences requiring imprisonment of not less than twenty years, twenty years,

d) for offences requiring imprisonment of more than five years and less than twenty years, fifteen years,

e) for offences requiring imprisonment of not more than five years or a judicial fine, eight years,

shall be discontinued upon the lapse of the above periods.

(2) In respect of persons who had attained the age of twelve but had not attained the age of fifteen at the time of committing the act, the public action shall be discontinued upon the lapse of one half of these periods; and in respect of persons who had attained the age of fifteen but had not attained the age of eighteen, upon the lapse of two thirds thereof.

(3) In determining the limitation period for prosecution, the qualified circumstances of the offence requiring a heavier penalty shall also be taken into account on the basis of the evidence existing in the file.

(4) In determining the periods set out in the above paragraphs, the upper limit of the penalty provided by law for the offence shall be taken into account; for offences requiring alternative penalties, imprisonment shall be taken as the basis for the purposes of limitation.

(5) Amended: 29/6/2005, Law No. 5377, Art. 8 In cases requiring a retrial for the same act, the limitation period relating to the act shall start to run anew from the date on which the court accepts the request to that effect.

(6) Limitation shall start to run, for completed offences, from the day on which the offence was committed; for offences remaining at the stage of attempt, from the day on which the last act was performed; for continuing offences, from the day on which the continuity ended; for successive offences, from the day on which the last offence was committed; and for offences committed against children by their ascendants or by persons having authority and influence over them, from the day on which the child completes the age of eighteen.

(7) Limitation for prosecution shall not apply where offences set out in Part Four of Book Two of this Code that require aggravated life imprisonment, life imprisonment or imprisonment of more than ten years are committed abroad.

Article 67Suspension or interruption of the limitation period for prosecution

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(1) In cases where the conduct of an investigation and prosecution depends on obtaining a permission or decision, or on the outcome of a question that must be resolved by another authority, the limitation period for prosecution shall be suspended until the permission or decision is obtained or the question is resolved; and, in respect of an offender regarding whom a decision has been rendered in accordance with the law that he is a fugitive, until that decision is lifted.

(2) In relation to an offence, in the case of:

a) the taking of the statement of, or the interrogation of, one of the suspects or accused persons before the prosecutor,

b) the issuance of a pre-trial detention order in respect of one of the suspects or accused persons,

c) the preparation of an indictment in relation to the offence,

d) the rendering of a conviction judgment, even if only in respect of some of the accused persons,

the limitation period for prosecution shall be interrupted.

(3) When the limitation period for prosecution is interrupted, the limitation period shall start to run anew. Where there is more than one ground interrupting the limitation period for prosecution, the limitation period shall start to run anew from the date on which the last ground of interruption occurred.

(4) In the case of interruption, the limitation period shall be extended by up to at most one half of the period laid down in the Code for the relevant offence.

Article 68Limitation for the execution of penalties

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(1) The penalties specified in this Article shall not be executed upon the lapse of the following periods:

a) Forty years for aggravated life imprisonment.

b) Thirty years for life imprisonment.

c) Twenty-four years for imprisonment of twenty years or more.

d) Twenty years for imprisonment of more than five years.

e) Ten years for imprisonment of up to five years and for judicial fines.

(2) In respect of persons who had attained the age of twelve but had not attained the age of fifteen at the time of committing the act, the penalty shall not be executed upon the lapse of one half of these periods; and in respect of persons who had attained the age of fifteen but had not attained the age of eighteen, upon the lapse of two thirds thereof.

(3) Limitation shall not apply to aggravated life imprisonment, life imprisonment or imprisonment of more than ten years imposed for offences set out in Part Four of Book Two of this Code that were committed abroad.

(4) Judgments containing penalties of different types shall not be executed upon the lapse of the period laid down for the heaviest penalty.

(5) Limitation for the execution of penalties shall start to run from the day on which the judgment became final or on which the execution was interrupted in any manner, and the period shall be calculated on the basis of the remaining amount of the penalty.

Article 69Limitation for the execution of penalties and deprivations of rights

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(1) The duration of deprivations of rights attached to the penalty or specified in the judgment shall continue until the limitation period for the execution of the penalty expires.

Article 70Limitation in confiscation

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(1) A judgment relating to confiscation shall not be executed after the lapse of twenty years from its becoming final.

Article 71Interruption of the limitation period for the execution of penalties

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(1) Service made to the convict in accordance with the law by the competent authority for the execution of the conviction judgment, or the apprehension of the convict for this purpose, shall interrupt the limitation period for the execution of the penalty.

(2) Where a person who has been convicted of an offence commits an intentional offence requiring imprisonment with an upper limit of more than two years, the limitation period for the execution of the penalty shall be interrupted.

Article 72Computation and application of limitation

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(1) The limitation periods for prosecution and for the execution of penalties shall be determined by computing days, months and years. One day is twenty-four hours; one month is thirty days. A year shall be computed according to the official calendar.

(2) Limitation for prosecution and for the execution of penalties shall be applied ex officio, and the suspect, the accused and the convict may not waive it.

Article 73Offences the investigation and prosecution of which are subject to a complaint

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(1) Where the investigation and prosecution of an offence are subject to a complaint, no investigation or prosecution may be conducted if the person entitled does not file a complaint within six months.

(2) Provided that the limitation period is not exceeded, this period shall start from the day on which the person entitled to complain knew or learned of the act and of the identity of the offender. Added sentence: 7/11/2024, Law No. 7531, Art. 14 However, with respect to the offence of insult, the investigation and prosecution of which are subject to a complaint, the complaint period may not, in any event, exceed two years from the date on which the act occurred.

(3) Where one of several persons entitled to complain lets the six-month period lapse, the rights of the others shall not be extinguished thereby.

(4) In offences the prosecution of which is subject to a complaint, unless otherwise provided by law, the withdrawal by the person harmed by the offence shall result in the discontinuance of the action, and a withdrawal after the judgment has become final shall not prevent the execution of the penalty.

(5) Withdrawal of the complaint in respect of one of the accused persons who committed the offence in participation shall also extend to the others.

(6) Unless otherwise provided by law, withdrawal shall not affect an accused person who does not accept it.

(7) Where the discontinuance of the public action results from the withdrawal of the complaint by the person harmed by the offence and, at the time of withdrawal, that person also expressly declared that he waived his personal rights, he may no longer bring an action before the civil court either.

(8) Repealed: 6/12/2006, Law No. 5560, Art. 45

Article 74Effect of the discontinuance of the action or the extinction of the penalty

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(1) A general amnesty, a special pardon and withdrawal of a complaint shall not require the return of things confiscated or of a judicial fine paid.

(2) The discontinuance of the public action shall not affect a private law action brought for the recovery of property and compensation for the damage suffered.

(3) The extinction of the penalty shall not affect the provisions relating to personal rights, compensation and costs of proceedings. However, in the case of a general amnesty, the costs of proceedings may not be claimed either.

Article 75Prepayment

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(1) Except for offences falling within the scope of conciliation, where the offender of an offence requiring only a judicial fine, or for which the upper limit of the imprisonment provided in the provision of law does not exceed six months, pays:

a) where the judicial fine is a fixed amount, that amount, otherwise its lower limit,

b) the amount to be calculated at the rate of one hundred Turkish Liras for each day as the equivalent of the lower limit of the imprisonment,

c) where a judicial fine is provided together with imprisonment, the amount to be determined for the imprisonment in accordance with subparagraph (b) of this paragraph plus the lower limit of the judicial fine,

together with the investigation costs, within ten days upon the notification to be made by the office of the public prosecutor, no public action shall be brought against him. Added sentences: 17/10/2019, Law No. 7188, Art. 16 Provided that the offender so requests within ten days, the public prosecutor shall decide that this amount be paid in three equal instalments at intervals of one month. If the instalments are not paid in due time, the prepayment shall become void and the investigation shall be continued. Added sentence: 24/11/2016, Law No. 6763, Art. 12 Except for negligent offences, the prepayment amount to be offered under this paragraph to an offender who commits an offence subject to prepayment within five years from the date on which a decision of non-prosecution or of discontinuance of the public action was rendered on the basis of prepayment shall be increased by one half.

(2) Where, pursuant to the provisions of special laws, the matter is brought directly before the court, the public action shall also be discontinued if the offender, upon the notification to be made by the judge, pays the money in the amount to be determined according to the provisions of paragraph 1 together with the costs of proceedings.

(3) The above paragraph shall also apply where an action is brought by the office of the public prosecutor for an offence falling within the scope of this Article without the prepayment procedure having been carried out, or where the act forming the subject of the action turns, through a change in its legal characterisation, into an offence falling within the scope of this Article.

(4) In cases where, under the provision of law relating to the offence, only one of imprisonment with an upper limit not exceeding six months or a judicial fine may be applied, the amount to be paid shall be determined on the basis of the judicial fine in accordance with the above paragraphs.

(5) The non-institution or termination of the public action pursuant to this Article shall not affect the provisions relating to the claiming of personal rights, the recovery of property and confiscation.

(6) Added: 24/11/2016, Law No. 6763, Art. 12 The provisions of this Article shall also apply in respect of:

a) under this Code, the offences of:

1. Failure to fulfil the obligation to assist or to notify (paragraph 1 of Article 98),

2. Added: 7/11/2024, Law No. 7531, Art. 15 Amended: 24/12/2025, Law No. 7571, Art. 16 Insult (Article 125, except subparagraph (a) of paragraph 3),

3. Negligent endangerment of general safety (Article 171),

4. Negligent pollution of the environment (paragraph 1 of Article 182),

5. Unlawful use of special insignia and uniforms (paragraph 1 of Article 264),

6. Failure to report an offence (paragraphs 1 and 2 of Article 278),

as set out above,

b) the offence set out in paragraph 1 of Article 108 of the Forest Law No. 6831 dated 31/8/1956,

c) Added: 17/10/2019, Law No. 7188, Art. 16 the offence set out in the first sentence of paragraph 2 of Article 74 of the Law No. 2863 on the Protection of Cultural and Natural Property dated 21/7/1983,

d) Added: 17/10/2019, Law No. 7188, Art. 16 the offence set out in subparagraph (d) of paragraph 1 of Article 32 of the Law No. 5253 on Associations dated 4/11/2004,

as well. Where offences falling within the scope of this paragraph are committed again within five years, the provisions on prepayment shall not be applied to the offender for the same offence.

(7) Added: 24/11/2016, Law No. 6763, Art. 12 Decisions of non-prosecution and decisions of discontinuance rendered upon payment being made shall be recorded in a system dedicated to them. These records may be used for the purpose specified in this Article only where requested by the public prosecutor, the judge or the court in connection with an investigation or prosecution.

Book Two: Special Provisions

Part One: International Crimes

Chapter One: Genocide and Crimes against Humanity

Article 76Genocide

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(1) The commission, in execution of a plan, of any of the following acts against members of a national, ethnic, racial or religious group with the intent to destroy, in whole or in part, such group constitutes the offence of genocide:

a) Intentional killing.

b) Causing serious harm to the bodily or mental integrity of persons.

c) Forcing the group to live under conditions that would bring about its destruction in whole or in part.

d) Imposing measures intended to prevent births within the group.

e) Forcibly transferring children belonging to the group to another group.

(2) The offender of the offence of genocide shall be sentenced to aggravated life imprisonment. However, with respect to the offences of intentional killing and intentional injury committed within the scope of genocide, the provisions on real concurrence shall be applied according to the number of victims identified.

(3) For these offences, security measures shall also be ordered in respect of legal persons.

(4) No limitation shall run in respect of these offences.

Article 77Crimes against humanity

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(1) The systematic commission of the following acts, in accordance with a plan, against a section of society with political, philosophical, racial or religious motives constitutes a crime against humanity:

a) Intentional killing.

b) Intentional injury.

c) Torture, torment or enslavement.

d) Deprivation of personal liberty.

e) Subjecting to scientific experiments.

f) Committing sexual assault, sexual abuse of children.

g) Forced pregnancy.

h) Forced prostitution.

(2) Where the act in subparagraph (a) of paragraph 1 is committed, the offender shall be sentenced to aggravated life imprisonment; where the acts defined in the other subparagraphs are committed, he shall be sentenced to imprisonment of not less than eight years. However, with respect to the offences of intentional killing and intentional injury committed within the scope of subparagraphs (a) and (b) of paragraph 1, the provisions on real concurrence shall be applied according to the number of victims identified.

(3) For these offences, security measures shall also be ordered in respect of legal persons.

(4) No limitation shall run in respect of these offences.

Article 78Organisation

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(1) Any person who establishes or directs an organisation for the purpose of committing the offences set out in the preceding articles shall be punished with imprisonment from ten to fifteen years. Those who become members of such organisations shall be sentenced to imprisonment from five to ten years.

(2) Security measures shall also be ordered against legal persons on account of these offences.

(3) No limitation shall run in respect of these offences.

Chapter Two: Migrant Smuggling and Human Trafficking

Article 79Migrant smuggling

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(1) Any person who, for the purpose of obtaining a material benefit directly or indirectly, by unlawful means;

a) Brings a foreigner into the country or enables a foreigner to remain in the country,

b) Enables a Turkish citizen or a foreigner to leave for abroad,

shall be punished with imprisonment from five to eight years and a judicial fine from one thousand to ten thousand days. Added sentence: 22/7/2010, Law No. 6008, Art. 6 Even where the offence remains at the stage of attempt, the penalty shall be imposed as if it had been completed.

(2) Added paragraph: 22/7/2010, Law No. 6008, Art. 6 Where the offence, in respect of the victims;

a) Creates a danger to their life,

b) Is committed by subjecting them to degrading treatment,

the penalty to be imposed shall be increased by one half to two thirds.

(3) Amended: 6/12/2019, Law No. 7196, Art. 56 Where this offence is committed jointly by more than one person, the penalty to be imposed shall be increased by up to one half; where it is committed within the framework of the activities of an organisation, the penalty to be imposed shall be increased by one half to one fold.

(4) Where this offence is committed within the framework of the activities of a legal person, the security measures specific to legal persons shall be ordered against that legal person.

Article 80Human trafficking

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(1) Amended: 6/12/2006, Law No. 5560, Art. 3 Any person who brings persons into the country, takes them out of the country, procures, abducts, transports or transfers from one place to another, or harbours them, for the purpose of forcing them to work, to render services, to engage in prostitution or to be subjected to slavery, or for the purpose of securing the removal of their bodily organs, by obtaining their consent through threat, pressure, force or violence, abuse of influence, deception, or by taking advantage of the control opportunities over them or of their helplessness, shall be sentenced to imprisonment from eight to twelve years and a judicial fine of up to ten thousand days.

(2) Where acts constituting the offence and undertaken for the purposes specified in paragraph 1 exist, the consent of the victim shall be invalid.

(3) Where persons who have not completed the age of eighteen are procured, abducted, transported or transferred from one place to another, or harboured, for the purposes specified in paragraph 1, the penalties specified in paragraph 1 shall be imposed on the offender even if none of the instrumental acts of the offence have been resorted to.

(4) Security measures shall also be ordered against legal persons on account of these offences.

Part Two: Offences Against Persons

Chapter One: Offences Against Life

Article 81Intentional killing

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(1) Any person who intentionally kills a human being shall be punished with life imprisonment.

Article 82Aggravated circumstances

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(1) Where the offence of intentional killing is committed;

a) With premeditation,

b) With monstrous intent or by inflicting torment,

c) By means of fire, flood, destruction, sinking or bombing, or by using nuclear, biological or chemical weapons,

d) Against an ascendant or descendant, or against a spouse, divorced spouse or sibling,

e) Against a child or against a person who is unable to defend himself or herself physically or mentally,

f) Amended: 12/5/2022, Law No. 7406, Art. 2 Against a woman,

g) Because of the public duty performed by the person,

h) For the purpose of concealing an offence, destroying its evidence, facilitating its commission or avoiding arrest,

i) Added: 29/6/2005, Law No. 5377, Art. 9 Out of the indignation felt at being unable to commit an offence,

j) With the motive of blood feud,

k) With the motive of custom (honour),

the person shall be punished with aggravated life imprisonment.

Article 83Commission of intentional killing by omission

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(1) In order for a person to be held responsible for a death resulting from his or her failure to perform a specific positive act which he or she was obliged to perform, the neglect of the obligation that caused that result must be equivalent to a positive act.

(2) In order for an omission and a positive act to be accepted as equivalent, the person must:

a) Have an obligation arising from statutory provisions or from a contract to perform a specific positive act,

b) Have created, by his or her previous conduct, a dangerous situation with respect to the life of others,

as required.

(3) In respect of a person who causes death by neglecting a specific obligation, as the basic penalty, imprisonment from twenty to twenty-five years may be imposed instead of aggravated life imprisonment, imprisonment from fifteen to twenty years instead of life imprisonment, and imprisonment from ten to fifteen years in other cases; alternatively, no reduction of the penalty may be made.

Article 84Inducement to suicide

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(1) Any person who incites or encourages another to commit suicide, strengthens another person's decision to commit suicide, or assists in any manner in another person's suicide shall be punished with imprisonment from two to five years.

(2) Where the suicide takes place, the person shall be punished with imprisonment from four to ten years.

(3) Any person who publicly encourages others to commit suicide shall be punished with imprisonment from three to eight years. Repealed second sentence: 29/6/2005, Law No. 5377, Art. 10

(4) Those who drive to suicide persons whose capacity to perceive the meaning and consequences of their acts has not developed or has been eliminated, and those who compel persons to commit suicide by using force or threat, shall be held responsible for the offence of intentional killing.

Article 85Negligent killing

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(1) Any person who negligently causes the death of a human being shall be punished with imprisonment from two to six years.

(2) Where the act has caused the death of more than one person, or the death of one or more persons together with the injury of one or more persons, the person shall be punished with imprisonment from two to fifteen years.

Chapter Two: Offences Against Bodily Integrity

Article 86Intentional injury

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(1) Any person who intentionally causes bodily pain to another or impairs another's health or capacity of perception shall be punished with imprisonment from one year and six months to three years.

(2) Added paragraph: 31/3/2005, Law No. 5328, Art. 4 Where the effect of the act of intentional injury on the person is so slight that it can be remedied by a simple medical intervention, upon the complaint of the victim, imprisonment from six months to one year and six months or a judicial fine shall be imposed. Added sentence: 12/5/2022, Law No. 7406, Art. 3 Where the offence is committed against a woman, the lower limit of the penalty shall not be less than nine months.

(3) Where the offence of intentional injury is committed;

a) Against an ascendant, descendant, spouse, divorced spouse or sibling,

b) Against a person who is unable to defend himself or herself physically or mentally,

c) Because of the public duty performed by the person,

d) By abusing the influence held by a public official,

e) With a weapon,

f) Added: 14/4/2020, Law No. 7242, Art. 11 With monstrous intent,

the penalty to be imposed shall be increased by one half without the need for a complaint, and by one fold in respect of subparagraph (f).

Article 87Injury aggravated by its consequences

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(1) Where the act of intentional injury has caused, in respect of the victim;

a) Permanent weakening of the function of one of the senses or organs,

b) Permanent difficulty in speech,

c) A permanent mark on the face,

d) A situation endangering life,

e) Where committed against a pregnant woman, the premature birth of her child,

the penalty determined according to the preceding article shall be increased by one fold. However, the penalty to be imposed shall not be less than four years in cases falling under paragraph 1 and not less than six years in cases falling under paragraph 3.

(2) Where the act of intentional injury has caused, in respect of the victim;

a) An incurable illness or entry into a vegetative state,

b) Loss of the function of one of the senses or organs,

c) Loss of the capacity to speak or to have children,

d) Permanent disfigurement of the face,

e) Where committed against a pregnant woman, the miscarriage of her child,

the penalty determined according to the preceding article shall be increased by two fold. However, the penalty to be imposed shall not be less than six years in cases falling under paragraph 1 and not less than nine years in cases falling under paragraph 3.

(3) Amended: 6/12/2006, Law No. 5560, Art. 4 Where intentional injury causes the fracture or dislocation of a bone in the body, the penalty determined according to the preceding article shall be increased by up to one half, depending on the effect of the fracture or dislocation on vital functions.

(4) Where death results from intentional injury, imprisonment from ten to fourteen years shall be imposed in cases falling under paragraph 1 of the preceding article, and imprisonment from fourteen to eighteen years in cases falling under paragraph 3 thereof.

Article 88Commission of intentional injury by omission

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(1) Where intentional injury is committed by omission, the penalty to be imposed may be reduced by up to two thirds. In applying this provision, the conditions relating to the commission of intentional killing by omission shall be taken into consideration.

Article 89Negligent injury

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(1) Any person who negligently causes bodily pain to another or impairs another's health or capacity of perception shall be punished with imprisonment from four months to two years or a judicial fine.

(2) Where the act of negligent injury has caused, in respect of the victim;

a) Permanent weakening of the function of one of the senses or organs,

b) A fracture of a bone in the body,

c) Permanent difficulty in speech,

d) A permanent mark on the face,

e) A situation endangering life,

f) The premature birth of the child of a pregnant woman,

the penalty determined according to paragraph 1 shall be increased by one half.

(3) Where the act of negligent injury has caused, in respect of the victim;

a) An incurable illness or entry into a vegetative state,

b) Loss of the function of one of the senses or organs,

c) Loss of the capacity to speak or to have children,

d) Permanent disfigurement of the face,

e) The miscarriage of the child of a pregnant woman,

the penalty determined according to paragraph 1 shall be increased by one fold.

(4) Where the act causes the injury of more than one person, imprisonment from nine months to five years shall be imposed.

(5) Amended: 6/12/2006, Law No. 5560, Art. 5 The investigation and prosecution of the offence of negligent injury shall be subject to complaint. However, except for injury falling within the scope of paragraph 1, no complaint shall be required where the offence is committed with conscious negligence.

Article 90Experimentation on human beings

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

(2) In order for a consent-based scientific experiment conducted on a human being not to entail criminal liability, it is required that:

a) The necessary permission for the experiment has been obtained from the competent boards or authorities,

b) The experiment has first been carried out in a non-human experimental environment or on a sufficient number of animals,

c) The scientific data obtained as a result of experiments carried out in a non-human experimental environment or on animals make it necessary, for the purpose of achieving the intended objective, that they also be carried out on human beings,

d) The experiment does not leave a foreseeable harmful and permanent effect on human health,

e) Painful methods incompatible with human dignity are not applied to the person during the experiment,

f) The purpose intended to be achieved by the experiment outweighs the burden it imposes on the person and the danger to the person's health,

g) The consent, declared on the basis of adequate information about the nature and consequences of the experiment, is in writing and is not conditional upon the securing of any benefit,

as required.

(3) Amended: 31/3/2005, Law No. 5328, Art. 7 In order for a scientific experiment on children not to entail criminal liability, in addition to the conditions required in paragraph 2, it is required that:

a) The scientific data obtained as a result of the experiments conducted make it necessary, for the purpose of achieving the intended objective, that they also be carried out on children,

b) In addition to the consent of the child who has the capacity to declare consent, the written approval of his or her mother and father or guardian has also been obtained,

c) A specialist in child health and diseases is present on the competent boards that will grant permission in relation to the experiment,

as required.

(4) Any person who conducts a therapeutic trial on a sick human being without consent shall be punished with imprisonment of up to one year. However, a consent-based therapeutic trial carried out on a person in accordance with scientific methods, upon it being understood that the application of known methods of medical intervention will not produce results, shall not entail criminal liability. The declared consent must be in writing, based on adequate information about the nature and consequences of the trial, and the treatment must be carried out by a specialist physician in a hospital setting.

(5) Where the victim is injured or dies as a result of the commission of the offence defined in paragraph 1, the provisions relating to the offence of intentional injury or intentional killing shall apply.

(6) Where the offences defined in this article are committed within the framework of the activities of a legal person, the security measures specific to legal persons shall be ordered against that legal person.

Article 91Trafficking in organs or tissues

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(1) Any person who removes an organ from a person without legally valid consent shall be punished with imprisonment from five to nine years. Where the subject of the offence is tissue, imprisonment from two to five years shall be imposed.

(2) Any person who unlawfully removes an organ or tissue from a deceased person shall be punished with imprisonment of up to one year.

(3) The penalties specified in paragraph 1 shall be imposed on any person who buys or sells an organ or tissue or acts as an intermediary in its sale.

(4) Where the offences defined in paragraphs 1 and 3 are committed within the framework of the activities of an organisation, imprisonment from eight to fifteen years and a judicial fine of up to ten thousand days shall be imposed.

(5) Any person who stores, transports or transplants an organ or tissue obtained by unlawful means shall be punished with imprisonment from two to five years.

(6) Any person who gives or publishes an announcement or advertisement aimed at the procurement of an organ or tissue in return for a certain benefit shall be punished with imprisonment of up to one year.

(7) Where the offences defined in this article are committed within the framework of the activities of a legal person, the security measures specific to legal persons shall be ordered against that legal person.

(8) Where the victim dies as a result of the commission of the offence defined in paragraph 1, the provisions relating to the offence of intentional killing shall apply.

Article 92State of necessity

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(1) Taking into consideration the social and economic conditions of the person who sells his or her organs or tissues, the penalty to be imposed on that person may be reduced, or the imposition of a penalty may be dispensed with altogether.

Article 93Effective repentance

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(1) Where a person who sells his or her organs or tissues informs the competent authority of the situation before it comes to the knowledge of the official authorities and thereby facilitates the apprehension of the offenders, no penalty shall be imposed on that person.

(2) Where, after this offence has come to the knowledge of the authorities, the person who sells his or her organs or tissues voluntarily serves and assists in the disclosure of the offence and the apprehension of the other offenders, the penalty to be imposed on that person shall be reduced by one quarter to one half, depending on the nature of the assistance.

Chapter Three: Torture and Torment

Article 94Torture

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(1) A public official who performs acts against a person that are incompatible with human dignity and that cause the person to suffer physically or mentally, affect the person's capacity of perception or will, or humiliate the person, shall be sentenced to imprisonment from three to twelve years. Added sentence: 12/5/2022, Law No. 7406, Art. 4 Where the offence is committed against a woman, the lower limit of the penalty shall not be less than five years.

(2) Where the offence is committed;

a) Against a child, against a person who is unable to defend himself or herself physically or mentally, or against a pregnant woman,

b) Against a lawyer or another public official because of his or her duty,

imprisonment from eight to fifteen years shall be imposed.

(3) Where the act takes the form of sexual harassment, imprisonment from ten to fifteen years shall be imposed.

(4) Other persons who participate in the commission of this offence shall also be punished in the same manner as the public official.

(5) Where this offence is committed by omission, no reduction shall be made on that ground in the penalty to be imposed.

(6) Added: 11/4/2013, Law No. 6459, Art. 9 No limitation shall run in respect of this offence.

Article 95Torture aggravated by its consequences

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(1) Where acts of torture have caused, in respect of the victim;

a) Permanent weakening of the function of one of the senses or organs,

b) Permanent difficulty in speech,

c) A permanent mark on the face,

d) A situation endangering life,

e) Where committed against a pregnant woman, the premature birth of her child,

the penalty determined according to the preceding article shall be increased by one half.

(2) Where acts of torture have caused, in respect of the victim;

a) An incurable illness or entry into a vegetative state,

b) Loss of the function of one of the senses or organs,

c) Loss of the capacity to speak or to have children,

d) Permanent disfigurement of the face,

e) Where committed against a pregnant woman, the miscarriage of her child,

the penalty determined according to the preceding article shall be increased by one fold.

(3) Where acts of torture cause the fracture of a bone in the body, imprisonment from eight to fifteen years shall be imposed, depending on the effect of the fracture on vital functions.

(4) Where death results from torture, aggravated life imprisonment shall be imposed.

Article 96Torment

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(1) Any person who performs acts that cause another person to suffer torment shall be sentenced to imprisonment from two to five years. Added sentence: 12/5/2022, Law No. 7406, Art. 5 Where the offence is committed against a woman, the lower limit of the penalty shall not be less than two years and six months.

(2) Where the acts falling within the scope of the preceding paragraph are committed;

a) Against a child, against a person who is unable to defend himself or herself physically or mentally, or against a pregnant woman,

b) Against an ascendant or descendant, a stepfather or stepmother, or a spouse or divorced spouse,

the person shall be sentenced to imprisonment from three to eight years.

Chapter Four: Breach of the Obligation of Protection, Supervision, Assistance or Notification

Article 97Abandonment

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(1) Any person who abandons to his or her own fate a person who, by reason of age or illness, is unable to look after himself or herself and is therefore under an obligation of protection and supervision, shall be punished with imprisonment from three months to two years.

(2) Where, as a result of the abandonment, the victim contracts an illness, is injured or dies, the penalty shall be imposed in accordance with the provisions on offences aggravated by their consequences.

Article 98Failure to fulfil the obligation to assist or notify

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(1) Any person who fails to assist, to the extent that the circumstances and conditions permit, a person who is unable to look after himself or herself by reason of age, illness or injury or for any other reason, or who fails to notify the relevant authorities of the situation immediately, shall be punished with imprisonment of up to one year or a judicial fine.

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

Chapter Five: Causing Miscarriage, Self-Induced Miscarriage or Sterilisation

Article 99Causing miscarriage

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(1) Any person who causes a woman to miscarry her child without her consent shall be punished with imprisonment from five to ten years.

(2) Any person who, in the absence of medical necessity, causes a woman whose pregnancy has lasted more than ten weeks to miscarry her child, even with her consent, shall be punished with imprisonment from two to four years. In this case, the woman who consents to the miscarriage of her child shall be sentenced to imprisonment of up to one year or a judicial fine.

(3) Where the act set out in paragraph 1 has caused harm to the physical or mental health of the woman, the person shall be punished with imprisonment from six to twelve years; where the act causes the death of the woman, imprisonment from fifteen to twenty years shall be imposed.

(4) Where the act set out in paragraph 2 has caused harm to the physical or mental health of the woman, the person shall be punished with imprisonment from three to six years; where the act causes the death of the woman, imprisonment from four to eight years shall be imposed.

(5) Where the child of a woman whose pregnancy has not completed ten weeks is caused to be miscarried by an unauthorised person, even with her consent, imprisonment from two to four years shall be imposed. Where the other acts defined in the preceding paragraphs are committed by an unauthorised person, the penalty to be imposed under those paragraphs shall be increased by one half.

(6) Where a woman becomes pregnant as a result of an offence of which she is the victim, no penalty shall be imposed on the person who terminates the pregnancy, provided that the pregnancy has not lasted more than twenty weeks and that the woman consents. However, for this purpose, the pregnancy must be terminated by specialist physicians in a hospital setting.

Article 100Self-induced miscarriage

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(1) Where a woman whose pregnancy has lasted more than ten weeks deliberately causes the miscarriage of her child, imprisonment of up to one year or a judicial fine shall be imposed.

Article 101Sterilisation

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(1) Any person who sterilises a man or a woman without his or her consent shall be punished with imprisonment from three to six years. If the act is committed by a person who is not authorised to perform sterilisation procedures, the penalty shall be increased by one third.

(2) Even where it is based on consent, if the act of sterilisation is committed by a person who is not authorised, imprisonment from one to three years shall be imposed.

Chapter Six: Offences against Sexual Inviolability

Article 102Sexual assault

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Amended: 18/6/2014, Law No. 6545, Art. 58

(1) Any person who violates the bodily inviolability of another person by sexual conduct shall, upon the complaint of the victim, be punished with imprisonment from five to ten years. Where the sexual conduct remains at the level of molestation, imprisonment from two to five years shall be imposed.

(2) Where the act is committed by inserting an organ or any other object into the body, imprisonment of not less than twelve years shall be imposed. Where this act is committed against the spouse, the conduct of the investigation and prosecution shall be subject to the complaint of the victim.

(3) Where the offence is committed:

a) Against a person who is unable to defend himself or herself physically or mentally,

b) By abusing the influence derived from public office, guardianship or a service relationship,

c) Against a person with whom there is a relationship of blood or affinity up to and including the third degree, or by a stepfather, stepmother, step-sibling, adoptive parent or adopted child,

d) With a weapon or jointly by more than one person,

e) By taking advantage of the opportunity provided by environments in which people are compelled to live together collectively,

the penalties imposed under the above paragraphs shall be increased by one half.

(4) Where the force and violence used for the sexual assault causes the aggravated consequences of the offence of intentional injury, the provisions relating to the offence of intentional injury shall additionally be applied.

(5) Where the victim enters a vegetative state or dies as a result of the offence, aggravated life imprisonment shall be imposed.

Article 103Sexual abuse of children

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Amended: 18/6/2014, Law No. 6545, Art. 59

(1) Rearranged first and second sentences: 24/11/2016, Law No. 6763, Art. 13 Any person who sexually abuses a child shall be punished with imprisonment from eight to fifteen years. Where the sexual abuse remains at the level of molestation, imprisonment from three to eight years shall be imposed. Added sentence: 24/11/2016, Law No. 6763, Art. 13 Where the victim has not completed the age of twelve, the penalty to be imposed may not be less than ten years in the case of abuse and five years in the case of molestation. Where the offender of the offence that remained at the level of molestation is a child, the conduct of the investigation and prosecution shall be subject to the complaint of the victim, his or her parent or guardian. The term sexual abuse refers to:

a) Any kind of sexual conduct committed against children who have not completed the age of fifteen, or who, although having completed that age, have not developed the ability to perceive the legal meaning and consequences of the act,

b) Sexual conduct committed against other children solely by force, threat, deception or any other reason affecting the will,

as understood thereby.

(2) Rearranged: 24/11/2016, Law No. 6763, Art. 13 Where the sexual abuse is committed by inserting an organ or any other object into the body, imprisonment of not less than sixteen years shall be imposed. Where the victim has not completed the age of twelve, the penalty to be imposed may not be less than eighteen years.

(3) Where the offence is committed:

a) Jointly by more than one person,

b) By taking advantage of the opportunity provided by environments in which people are compelled to live together collectively,

c) Against a person with whom there is a relationship of blood or affinity up to and including the third degree, or by a stepfather, stepmother, step-sibling or adoptive parent,

d) By a guardian, educator, teacher, caregiver, foster family or health care provider, or by persons under an obligation of protection, care or supervision,

e) By abusing the influence derived from public office or a service relationship,

the penalty to be imposed under the above paragraphs shall be increased by one half.

(4) Where the sexual abuse is committed by force or threat against the children referred to in subparagraph (a) of paragraph 1, or by using a weapon against the children referred to in subparagraph (b), the penalty to be imposed under the above paragraphs shall be increased by one half.

(5) Where the force and violence used for the sexual abuse causes the aggravated consequences of the offence of intentional injury, the provisions relating to the offence of intentional injury shall additionally be applied.

(6) Where the victim enters a vegetative state or dies as a result of the offence, aggravated life imprisonment shall be imposed.

Article 104Sexual intercourse with a minor

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

(2) Annulled by Constitutional Court decision of 23/11/2005, E. 2005/103, K. 2005/89; Rearranged: 18/6/2014, Law No. 6545, Art. 60 Where the offence is committed by a person between whom and the victim there exists an impediment to marriage, imprisonment from ten to fifteen years shall be imposed without a complaint being required.

(3) Added: 18/6/2014, Law No. 6545, Art. 60 Where the offence is committed by a person who has undertaken the pre-adoption care of the child he or she will adopt, or who is under an obligation of protection, care and supervision within the framework of a foster family relationship, the penalty under paragraph 2 shall be imposed without a complaint being required.

Article 105Sexual harassment

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(1) Any person who harasses another person with sexual intent shall, upon the complaint of the victim, be sentenced to imprisonment from three months to two years or to a judicial fine, and where the act is committed against a child, to imprisonment from six months to three years.

(2) Amended: 18/6/2014, Law No. 6545, Art. 61 Where the offence is committed:

a) By taking advantage of the opportunity provided by public office, a service relationship or a family relationship,

b) By a guardian, educator, teacher, caregiver, foster family or health care provider, or by persons under an obligation of protection, care or supervision,

c) By taking advantage of the opportunity provided by working at the same workplace,

d) By taking advantage of the opportunity provided by postal or electronic communication means,

e) By exposure,

the penalty to be imposed under the above paragraph shall be increased by one half. If, because of this act, the victim has been compelled to leave his or her job, school or family, the penalty to be imposed may not be less than one year.

Chapter Seven: Offences against Liberty

Article 106Threat

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(1) Any person who threatens another person by stating that he or she will carry out an attack against the life, bodily or sexual inviolability of that person or of a relative of that person shall be punished with imprisonment from six months to two years. Added sentence: 12/5/2022, Law No. 7406, Art. 6 Where this offence is committed against a woman, the lower limit of the penalty may not be less than nine months. In the case of a threat stating that he or she will cause great harm to the assets of that person or will do any other evil, imprisonment from two to six months or a judicial fine shall be imposed upon the complaint of the victim.

(2) Where the threat is committed:

a) With a weapon,

b) By the person disguising himself or herself so as to be unrecognisable, by an unsigned letter or by special signs,

c) Jointly by more than one person,

d) By taking advantage of the intimidating power created by existing or presumed criminal organisations,

imprisonment from two to seven years shall be imposed on the offender.

(3) Where the offence of intentional killing, intentional injury or damage to property is committed for the purpose of threat, a penalty shall additionally be imposed for these offences.

Article 107Blackmail

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(1) Any person who, by stating that he or she will do or will not do something that he or she has a right or an obligation to do, forces another person to do or not to do something that is unlawful or that such person is not obliged to do, or to provide an unjust benefit, 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, Law No. 5377, Art. 14 Where a threat is made, for the purpose of obtaining a benefit for oneself or another, to disclose or impute matters of a nature that would harm a person's honour or reputation, the penalty under paragraph 1 shall likewise be imposed.

Article 108Use of force

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(1) Where force is used against a person in order to make him or her do or not do something or permit something to be done to him or her, the penalty to be imposed for the offence of intentional injury shall be increased by one third to one half.

Article 109Deprivation of liberty

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(1) Any person who unlawfully deprives another person of the liberty to go to a place or to stay in a place shall be sentenced to imprisonment from one to five years.

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

(3) Where this offence is committed:

a) With a weapon,

b) Jointly by more than one person,

c) Because of the public office performed by the person,

d) By abusing the influence derived from public office,

e) Against an ascendant, a descendant, a spouse or a divorced spouse,

f) Against a child or a person who is unable to defend himself or herself physically or mentally,

the penalty to be imposed under the above paragraphs shall be doubled.

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

(5) Where the offence is committed with sexual intent, the penalties to be imposed under the above paragraphs shall be increased by one half.

(6) Where, for the purpose of or during the commission of this offence, the forms of the offence of intentional injury aggravated by reason of its consequences occur, the provisions relating to the offence of intentional injury shall additionally be applied.

Article 110Effective repentance

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(1) If the person who commits the offence defined in the preceding article voluntarily releases the victim in a safe place without causing harm to his or her person before an investigation is initiated in respect of this offence, the penalty shall be reduced by up to two thirds.

Article 111Application of security measures to legal persons

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(1) Security measures specific to legal persons shall be imposed on legal persons for whose benefit an unjust gain has been obtained as a result of the commission of the offences of threat, blackmail, use of force or deprivation of liberty.

Article 112Obstruction of the right to education and training

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Amended: 2/3/2014, Law No. 6529, Art. 12

(1) Where, by using force or threat or by any other unlawful conduct, an obstruction is caused to:

a) Any kind of education and training activities established by the State or carried out on the basis of a permit granted by public authorities,

b) The exercise by a person of his or her right to education and training,

c) Entering or staying in buildings where students collectively reside or in their annexes,

imprisonment from two to five years shall be imposed on the offender.

Article 113Obstruction of the right to benefit from public services

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Amended: 2/3/2014, Law No. 6529, Art. 13

(1) Where, by using force or threat or by any other unlawful conduct, an obstruction is caused to:

a) The carrying out of a public activity,

b) Benefiting from the services provided in public institutions or in professional organisations having the nature of public institutions, or offered on the basis of a permit granted by public authorities,

imprisonment from two to five years shall be imposed on the offender.

(2) Added: 12/5/2022, Law No. 7406, Art. 7 Where the subject of the offence is a health care service, the penalty to be imposed shall be increased by up to one sixth.

Article 114Obstruction of the exercise of political rights

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(1) Any person who uses force or threat against another person for the purpose of compelling him or her:

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, or to leave a political party or his or her office in the management of a political party,

b) Not to stand as a candidate for a public office attained through election, or to leave the office to which he or she has been elected,

shall be punished with imprisonment from one to three years.

(2) Where the activities of a political party are obstructed by using force or threat or by any other unlawful conduct, imprisonment from two to five years shall be imposed.

Article 115Obstruction of the exercise of freedom of belief, thought and opinion

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(1) Any person who, by using force or threat, compels another person to disclose or change his or her religious, political, social or philosophical beliefs, thoughts and opinions, or prevents him or her from disclosing or disseminating them, shall be punished with imprisonment from one to three years.

(2) Amended: 2/3/2014, Law No. 6529, Art. 14 Where the fulfilment of the requirements of a religious belief, or the individual or collective performance of religious worship or rites, is obstructed by using force or threat or by any other unlawful conduct, the penalty under paragraph 1 shall be imposed on the offender.

(3) Added: 2/3/2014, Law No. 6529, Art. 14 Any person who, by using force or threat or by any other unlawful conduct, interferes with the lifestyle preferences of another person arising from his or her beliefs, thoughts or opinions, or compels him or her to change them, shall be sentenced to the penalty under paragraph 1.

Article 116Violation of the inviolability of the dwelling

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(1) Any person who enters the dwelling of another person or the annexes of the dwelling against his or her consent, or who does not leave it after having entered with consent, shall, upon the complaint of the victim, be punished with imprisonment from six months to two years.

(2) Amended: 31/3/2005, Law No. 5328, Art. 8 Where the acts falling within the scope of paragraph 1 are committed in respect of workplaces and their annexes, other than places which it is customary to enter without the need for express consent, 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, Law No. 5328, Art. 8 Where the dwelling or workplace is used jointly by family members in the marital union or by more than one person, the provisions of the above paragraphs shall not apply if one of these persons has given consent. However, for this purpose, the expression of consent must be directed towards a legitimate aim.

(4) Where the act is committed by using force or threat or at night, imprisonment from one to three years shall be imposed.

Article 117Violation of the freedom of labour and work

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(1) Any person who, by using force or threat or by any other unlawful conduct, violates the freedom of labour and work shall, upon the complaint of the victim, be sentenced to imprisonment from six months to two years or to a judicial fine.

(2) Any person who, by exploiting their helplessness, lack of protection and dependence, makes a person or persons work without pay or for a wage that is manifestly disproportionate and low in relation to the service rendered, or subjects a person in such a situation 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 also be imposed on any person who procures or dispatches a person, or transports a person from one place to another, in order to bring him or her into the situations specified in the above paragraph.

(4) Any person who, by using force or threat, compels employees or employers to decrease or increase wages or to accept agreements under conditions other than those previously accepted, or causes a work to stop, to terminate or the stoppage to continue, shall be sentenced to imprisonment from six months to three years.

Article 118Obstruction of the exercise of trade union rights

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(1) Any person who uses force or threat against another person for the purpose of compelling him or her to become or not to become a member of a trade union, to participate or not to participate in the activities of a trade union, or to leave a trade union or his or her office in the management of a trade union shall be punished with imprisonment from six months to two years.

(2) Where the activities of a trade union are obstructed by using force or threat or by any other unlawful conduct, imprisonment from one to three years shall be imposed.

Article 119Common provision

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(1) Where the offences of obstruction of education and training, obstruction of the activities of public institutions or of professional organisations having the nature of public institutions, obstruction of the exercise of political rights, obstruction of the exercise of freedom of belief, thought and opinion, violation of the inviolability of the dwelling and violation of the freedom of labour and work are committed:

a) With a weapon,

b) By the person disguising himself or herself so as to be unrecognisable, by an unsigned letter or by special signs,

c) Jointly by more than one person,

d) By taking advantage of the intimidating power created by existing or presumed criminal organisations,

e) By abusing the influence derived from public office,

the penalty to be imposed shall be doubled.

(2) Where, during the commission of these offences, the forms of the offence of intentional injury aggravated by reason of its consequences occur, the provisions relating to the offence of intentional injury shall additionally be applied.

Article 120Unlawful search

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(1) Any public official who unlawfully searches the person or belongings of another shall be sentenced to imprisonment from three months to one year.

Article 121Obstruction of the exercise of the right to petition

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(1) Where a petition submitted by a person to the competent public authorities in order to exercise a specific right is not accepted without a legal reason, imprisonment of up to six months shall be imposed on the offender.

Article 122Hatred and discrimination

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Amended: 2/3/2014, Law No. 6529, Art. 15

(1) Any person who, by reason of hatred arising from differences of language, race, nationality, colour, sex, disability, political opinion, philosophical belief, religion or sect, prevents:

a) The sale, transfer or rental to a person of a movable or immovable property offered to the public,

b) A person from benefiting from a specific service offered to the public,

c) A person from being employed,

d) A person from engaging in an ordinary economic activity,

shall be punished with imprisonment from one to three years.

Article 123Disturbing the peace and tranquillity of persons

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(1) Where, solely for the purpose of disturbing the peace and tranquillity of a person, that person is persistently telephoned, noise is made, or any other unlawful conduct is engaged in for the same purpose, the offender shall, upon the complaint of the victim, be sentenced to imprisonment from three months to one year.

Article 123/AStalking

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Added: 12/5/2022, Law No. 7406, Art. 8

(1) An offender who, persistently, by physically following a person or by trying to establish contact through means of communication, information systems or third persons, causes serious distress to that person or causes him or her to fear for his or her own safety or the safety of one of his or her relatives shall be sentenced to imprisonment from six months to two years.

(2) Where the offence:

a) Is committed against a child, or against a spouse in respect of whom a separation decision has been given or a divorced spouse,

b) Causes the victim to change his or her school, workplace or dwelling, or to leave his or her school or job,

c) Is committed by an offender in respect of whom a restraining order or a measure of not approaching the dwelling, school or workplace has been decided,

the offender shall be sentenced to imprisonment from one to three years.

(3) The investigation and prosecution of the offence regulated in this article shall be subject to complaint.

Article 124Obstruction of communication

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(1) Where communication between persons is unlawfully obstructed, imprisonment from six months to two years or a judicial fine shall be imposed.

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

(3) Where the broadcasting or publication of any kind of press or broadcasting organ is unlawfully obstructed, the penalty under paragraph 2 shall be imposed.

Chapter Eight: Offences against Honour

Article 125Insult

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(1) Any person who imputes to another person a concrete act or fact of a nature that may offend his or her dignity, honour and reputation (...) or attacks the dignity, honour and reputation of another person by swearing shall be punished with imprisonment from three months to two years or with a judicial fine. In order for an insult committed in the absence of the victim to be punishable, the act must be committed by communicating with at least three persons.

(2) Where the act is committed by means of an audio, written or visual message addressed to the victim, the penalty specified in the above paragraph shall be imposed.

(3) Where the offence of insult is committed:

a) Against a public official because of his or her duty,

b) Because of a person's disclosing, changing or trying to disseminate his or her religious, political, social or philosophical beliefs, thoughts and opinions, or because of his or her acting in accordance with the commands and prohibitions of the religion to which he or she belongs,

c) By referring to values deemed sacred according to the religion to which the person belongs,

the lower limit of the penalty may not be less than one year.

(4) Amended: 29/6/2005, Law No. 5377, Art. 15 Where the insult is committed publicly, the penalty shall be increased by one sixth.

(5) Amended: 29/6/2005, Law No. 5377, Art. 15 Where public officials working as a board are insulted because of their duties, the offence shall be deemed to have been committed against the members constituting the board. However, in this case, the provisions of the article relating to successive offences shall be applied.

Article 126Identification of the victim

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(1) In the commission of the offence of insult, even where the name of the victim is not expressly stated or the imputation is made in a veiled manner, if there are circumstances leaving no doubt as to its nature and as to its being directed at the person of the victim, the name shall be deemed to have been stated and the insult to have been made openly.

Article 127Proof of the imputation

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(1) Where the imputed act constituting an offence has been proven, no penalty shall be imposed on the person. Where a final judgment of conviction has been rendered against the insulted person on account of that offence, the imputation shall be deemed proven. In other cases, the acceptance of a request to prove the imputation shall depend solely on there being a public interest in establishing whether or not the imputed act is true, or on the consent of the complainant to such proof.

(2) Where a person is insulted by reference to an act of theirs that has been proven, a penalty shall be imposed.

Article 128Immunity of allegations and defence

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(1) Where, within the scope of written or oral applications, allegations and defences made before judicial authorities or administrative authorities, concrete imputations or negative assessments are made concerning persons, no penalty shall be imposed. However, for this purpose, the imputations and assessments must be based on true and concrete facts and must be connected with the dispute.

Article 129Insult provoked by an unjust act or reciprocal insult

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(1) Where the offence of insult is committed in reaction to an unjust act, the penalty to be imposed may be reduced by up to one third, or the imposition of a penalty may be dispensed with.

(2) Where this offence is committed in reaction to the offence of intentional injury, no penalty shall be imposed on the person.

(3) Where the offence of insult is committed reciprocally, 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 imposition of a penalty may be dispensed with.

Article 130Insulting the memory of a person

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(1) Any person who, after a person has died, insults that person's memory by communicating with at least three persons shall be punished with imprisonment from three months to two years or a judicial fine. Where the insult is committed publicly, the penalty shall be increased by one sixth.

(2) Any person who takes the corpse or bones of a deceased person, in part or in whole, or commits acts of contempt in respect of the corpse or bones, shall be punished with imprisonment from three months to two years.

Article 131Condition for investigation and prosecution

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(1) Except where committed against a public official on account of his or her duty, the investigation and prosecution of the offence of insult shall be subject to a complaint by the victim.

(2) Where the victim dies before filing a complaint, or where the offence has been committed against the memory of a deceased person, a complaint may be filed by the ascendants and descendants of the deceased up to the second degree, or by the spouse or siblings.

Chapter Nine: Offences against Private Life and the Confidential Sphere of Life

Article 132Violation of the confidentiality of communication

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(1) Any person who violates the confidentiality of communication between persons shall be punished with imprisonment from one to three years. Where this violation of confidentiality occurs through the recording of the contents of communications, the penalty to be imposed shall be increased by one fold.

(2) Any person who unlawfully discloses the contents of communications between persons shall be punished with imprisonment from two to five years.

(3) Any person who unlawfully and publicly discloses the contents of communications made with him or her without the consent of the other party shall be punished with imprisonment from one to three years. Added sentence: 2/7/2012, Law No. 6352, Art. 79 Where such disclosed data are published through the press and broadcasting, the same penalty shall be imposed.

(4) Repealed: 2/7/2012, Law No. 6352, Art. 79

Article 133Listening to and recording conversations between persons

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(1) Any person who, without the consent of any of the parties, listens by means of a device to non-public conversations between persons or records them with an audio recording device shall be punished with imprisonment from two to five years.

(2) Any person who records, with an audio recording device, a non-public conversation in which he or she participates, 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, Law No. 6352, Art. 80 Any person who unlawfully discloses data obtained through the recording of non-public conversations between persons shall be punished with imprisonment from two to five years and a judicial fine of up to four thousand days. Where such disclosed data are published through the press and broadcasting, the same penalty shall be imposed.

Article 134Violation of the confidentiality of private life

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(1) Any person who violates the confidentiality of the private life of persons shall be punished with imprisonment from one to three years. Where the confidentiality is violated through the recording of images or sounds, the penalty to be imposed shall be increased by one fold.

(2) Amended: 2/7/2012, Law No. 6352, Art. 81 Any person who unlawfully discloses images or sounds relating to the private life of persons shall be punished with imprisonment from two to five years. Where such disclosed data are published through the press and broadcasting, the same penalty shall be imposed.

Article 135Recording of personal data

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(1) Any person who unlawfully records personal data shall be sentenced to imprisonment from one to three years.

(2) Where the personal data relate to the political, philosophical or religious opinions or the racial origins of persons, or, unlawfully, to their moral inclinations, sexual lives, health conditions or trade union affiliations, the penalty to be imposed under the first paragraph shall be increased by one half.

Article 136Unlawfully giving or seizing data

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(1) Any person who unlawfully gives personal data to another person, disseminates them or seizes them shall be punished with imprisonment from two to four years.

(2) Added: 17/10/2019, Law No. 7188, Art. 17 Where the subject of the offence consists of statements and images recorded pursuant to paragraphs 5 and 6 of Article 236 of the Code of Criminal Procedure, the penalty to be imposed shall be increased by one fold.

Article 137Aggravated circumstances

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(1) Where the offences defined in the preceding articles are committed;

a) By a public official through abuse of the authority conferred by his or her duty,

b) By taking advantage of the facilities provided by a particular profession or trade,

the penalty to be imposed shall be increased by one half.

Article 138Failure to destroy data

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(1) Those who are under a duty to destroy data within the system and who fail to perform their duty notwithstanding the expiry of the periods prescribed by law shall be sentenced to imprisonment from one to two years.

(2) Added: 21/2/2014, Law No. 6526, Art. 5 Where the subject of the offence consists of data that must be removed or destroyed in accordance with the provisions of the Code of Criminal Procedure, the penalty to be imposed shall be increased by one fold.

Article 139Complaint

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(1) Except for recording of personal data, unlawfully giving or seizing data, and failure to destroy data, the investigation and prosecution of the offences set out in this chapter shall be subject to complaint.

Article 140Application of security measures to legal persons

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(1) Security measures specific to legal persons shall be ordered against them on account of the commission of the offences defined in the preceding articles.

Chapter Ten: Offences against Property

Article 141Theft

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(1) Any person who, without the consent of its possessor, takes a movable property belonging to another from the place where it is located, for the purpose of obtaining a benefit for himself or herself or for another, shall be sentenced to imprisonment from one to three years.

(2) Repealed: 2/7/2012, Law No. 6352, Art. 105

Article 142Aggravated theft

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(1) Where the offence of theft is committed;

a) In respect of property located in public institutions and organisations or in places dedicated to worship, regardless of to whom it belongs, or property allocated to public benefit or service,

b) Repealed: 18/6/2014, Law No. 6545, Art. 62

c) In respect of property located inside a means of transport offered for the use of the public or at their designated places of arrival or departure,

d) In respect of property prepared for the purpose of preventing or mitigating the damage that a disaster or general calamity may cause,

e) In respect of property left in the open by custom, by reason of its allocation or by reason of its use,

f) Repealed: 2/7/2012, Law No. 6352, Art. 82

imprisonment from three to seven years shall be imposed.

(2) Where the offence is committed;

a) By taking advantage of a person's being unable to protect his or her property or of his or her death,

b) By snatching property held in the hand or carried on the person, or by special skill,

c) By taking advantage of the fear or turmoil caused by a natural disaster or social events,

d) By opening a lock, or preventing it from being locked, with a key held unlawfully, a counterfeit key or another tool,

e) Through the use of information systems,

f) By taking measures to avoid being recognised, or by assuming an official capacity without being authorised,

g) (…) In respect of large or small livestock,

h) Added: 18/6/2014, Law No. 6545, Art. 62 In respect of property which, although left in a place accessible to everyone, is secured by being locked, or is kept under protection within a building or its annexes,

imprisonment from five to ten years shall be imposed. Where the offence is committed in the manner set out in subparagraph (b) of this paragraph against a person who is unable to defend himself or herself physically or mentally, the penalty to be imposed shall be increased by up to one third.

(3) Where the offence is committed in respect of energy in liquid or gaseous form and at facilities for its transport, processing or storage, imprisonment from five to twelve years shall be imposed. Where this act is committed within the framework of the activities of an organisation, the penalty shall be increased by one half and a judicial fine of up to ten thousand days shall be imposed.

(4) Added: 6/12/2006, Law No. 5560, Art. 6 Where the offence of violation of the inviolability of the domicile or of damage to property is committed for the purpose of committing the offence of theft, no complaint shall be required for the investigation and prosecution of these offences.

(5) Added: 18/6/2014, Law No. 6545, Art. 62 Where, as a result of the commission of the offence of theft, a public service in the field of communication, energy, or railway or air transport is disrupted, even temporarily, the penalty to be imposed under the provisions of the preceding paragraphs shall be increased by one half to two fold.

Article 143Commission of the offence at night

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(1) Where the offence of theft is committed at night, the penalty to be imposed shall be increased by one half.

Article 144Circumstances requiring a lesser penalty

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(1) Where the offence of theft is committed;

a) In respect of property held in shared ownership or joint ownership,

b) For the purpose of collecting a receivable based on a legal relationship,

upon complaint, imprisonment from two months to one year or a judicial fine shall be imposed on the offender.

Article 145Low value of the property

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(1) Amended: 29/6/2005, Law No. 5377, Art. 16 By reason of the low value of the property constituting the subject of the offence of theft, the penalty to be imposed may be reduced, or, taking into account also the manner in which the offence was committed and its characteristics, the imposition of a penalty may be dispensed with.

Article 146Theft for use

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(1) Where the offence of theft is committed with a view to using the property for a temporary period and returning it to its possessor, upon complaint, the penalty to be imposed shall be reduced by up to one half. However, this provision shall not apply where the property has been used to commit an offence.

Article 147State of necessity

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(1) Where the offence of theft is committed in order to meet a serious and urgent need, depending on the particular features of the incident, the penalty to be imposed may be reduced, or the imposition of a penalty may be dispensed with.

Article 148Robbery

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(1) Any person who, by threatening another person that an attack will be carried out against the life, bodily or sexual integrity of that person or of his or her relative, or that he or she will be caused major damage in terms of assets, or by using force, compels that person to hand over property or not to resist its being taken, shall be punished with imprisonment from six to ten years.

(2) The same penalty shall also be imposed where, by the use of force or threat, the victim is compelled to give a deed capable of placing himself or herself or another under an obligation, or a document declaring an existing deed to be void, not to resist the taking of such a deed, to sign a paper that may later be turned into such a deed, or to destroy an existing deed or not to resist its destruction.

(3) Rendering the victim unconscious and unable to defend himself or herself by any means shall also be deemed force in the offence of robbery.

Article 149Aggravated robbery

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(1) Where the offence of robbery is committed;

a) With a weapon,

b) By the person disguising himself or herself so as not to be recognised,

c) Jointly by more than one person,

d) Amended: 18/6/2014, Law No. 6545, Art. 64 By highway robbery, or in a dwelling, workplace or their annexes,

e) Against a person who is unable to defend himself or herself physically or mentally,

f) By taking advantage of the intimidating power created by existing or presumed criminal organisations,

g) For the purpose of providing a benefit to a criminal organisation,

h) At night,

imprisonment from ten to fifteen years shall be imposed on the offender.

(2) Where, in the course of the commission of the offence of robbery, aggravated forms of the offence of intentional injury on account of its consequences occur, the provisions relating to the offence of intentional injury shall also be applied.

Article 150Circumstance requiring a lesser penalty

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(1) Where a person uses threat or force for the purpose of collecting a receivable based on a legal relationship, only the provisions relating to the offences of threat or intentional injury shall be applied.

(2) By reason of the low value of the property constituting the subject of the offence of robbery, the penalty to be imposed may be reduced by one third to one half.

Article 151Damage to property

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(1) Any person who, in part or in whole, demolishes, destroys, annihilates, damages, renders unusable or soils the movable or immovable property of another shall, upon complaint of the victim, be punished with imprisonment from four months to three years or a judicial fine.

(2) Repealed: 9/7/2021, Law No. 7332, Art. 17

Article 152Aggravated forms of damage to property

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(1) Where the offence of damage to property is committed;

a) In respect of a place, building, facility or other property belonging to public institutions and organisations, allocated to a public service or reserved for public use,

b) In respect of any property or facility allocated to protection against fire, flood and inundation, accidents and other calamities,

c) In respect of any kind of planted tree, sapling or vine cutting, wherever located, except in areas having the status of state forest,

d) In respect of facilities serving irrigation, the supply of drinking water or protection against disasters,

e) In cases of strike or lockout, in respect of buildings, facilities or property owned or used by employers or employees, or by employers' or employees' trade unions or confederations,

f) In respect of buildings, facilities or property owned or used by political parties, professional organisations having the status of public institutions, and their higher organisations,

g) To the detriment of a public official, for the purpose of taking revenge on account of his or her duty, even if that duty has ended,

imprisonment from one to four years shall be imposed on the offender.

(2) Where the offence of damage to property is committed;

a) By burning, or by using incendiary or explosive substances,

b) By causing a landslide, avalanche, flood or inundation,

c) By exposing to radiation, or by using nuclear, biological or chemical weapons,

the penalty to be imposed shall be increased by up to one fold.

(3) Added: 18/6/2014, Law No. 6545, Art. 65 Where, as a result of the commission of the offence of damage to property, a public service in the field of communication, energy, or railway or air transport is disrupted, even temporarily, the penalty to be imposed under the provisions of the preceding paragraphs shall be increased by one half to two fold.

Article 153Damage to places of worship and cemeteries

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(1) Any person who causes damage, by demolishing, damaging or breaking, to places of worship, their annexes, the property therein, graves, the structures on them, the facilities in cemeteries or the structures built for the protection of cemeteries shall be punished with imprisonment from one to four years.

(2) Any person who soils 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) Where the acts set out in the first and second paragraphs are committed for the purpose of insulting the section of society adhering to the relevant religious belief, the penalty to be imposed shall be increased by one third.

Article 154Encroachment on property without right

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(1) Amended: 25/2/2009, Law No. 5841, Art. 1 Any person who, without relying on a right, occupies in whole or in part, as if he or she were the owner, immovable property belonging to another or its annexes, or alters or damages its boundaries, or prevents the right holder from benefiting from them even partially, shall, upon complaint of the person harmed by the offence, be sentenced to imprisonment from six months to three years and a judicial fine of up to one thousand days.

(2) The penalties set out in the first paragraph shall be applied to any person who, knowing that they belong to the village legal entity or have long been left to the common use of the villagers, seizes in part or in whole immovable property such as pastures, threshing grounds, roads and watering places, disposes of them, or ploughs and sows them.

(3) The penalties set out in the first paragraph shall be applied to any person who changes the course of waters belonging to the public or to private persons.

Article 155Breach of trust

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(1) Any person who, in respect of property belonging to another, the possession of which has been transferred to him or her for safekeeping or for use in a particular manner, disposes of it for his or her own benefit or for the benefit of another, outside the purpose of the transfer of possession, or denies the fact of such transfer, shall, upon complaint, be punished with imprisonment from six months to two years and a judicial fine.

(2) Where the offence is committed in respect of property entrusted and delivered by reason of a professional, trade, commercial or service relationship, or by reason of the authority to manage the property of others, from whatever cause it may arise, imprisonment from one to seven years and a judicial fine of up to three thousand days shall be imposed.

(3) Added: 24/12/2025, Law No. 7571, Art. 18 Where the subject of the offence is a motor land vehicle, sea vessel or aircraft, the penalty to be imposed under the preceding paragraphs shall be increased by one fold.

Article 156Use of a deed devoid of consideration

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(1) Any person who uses a deed that has become devoid of consideration shall, upon complaint, be sentenced to imprisonment from six months to two years and a judicial fine.

Article 157Fraud

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(1) Any person who, by deceiving a person through fraudulent conduct, obtains a benefit for himself or herself or for another to the detriment of that person or of another shall be sentenced to imprisonment from one to five years and a judicial fine of up to five thousand days.

Article 158Aggravated fraud

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(1) Where the offence of fraud is committed;

a) By exploiting religious beliefs and sentiments,

b) By taking advantage of the dangerous situation or difficult circumstances in which a person finds himself or herself,

c) By taking advantage of the weakness of a person's capacity of perception,

d) By using public institutions and organisations, public professional organisations, or the legal personality of a political party, foundation or association as an instrument,

e) To the detriment of public institutions and organisations,

f) By using information systems, or banks or credit institutions, as an instrument,

g) By taking advantage of the facilities provided by press and broadcasting means,

h) In the course of the commercial activities of persons who are merchants or company managers or who act on behalf of a company; or by cooperative managers within the scope of the activities of the cooperative,

i) By self-employed professionals through abuse of the trust placed in them on account of their profession,

j) For the purpose of securing the extension of a loan that should not be granted by banks or other credit institutions,

k) For the purpose of obtaining an insurance indemnity,

l) Added: 24/11/2016, Law No. 6763, Art. 14 By the person introducing himself or herself as a public official or as an employee of banks, insurance or credit institutions, or by claiming to be associated with these institutions and organisations,

imprisonment from three to ten years and a judicial fine of up to five thousand days shall be imposed. Added sentence: 29/6/2005, Law No. 5377, Art. 19; Amended: 3/4/2013, Law No. 6456, Art. 40 However, in the cases listed in subparagraphs (e), (f), (j), (k) and (l), the lower limit of the term of imprisonment may not be less than four years, and the amount of the judicial fine may not be less than twice the benefit obtained from the offence.

(2) Any person who obtains a benefit from another by deceiving him or her, claiming to have connections with public officials or to be held in esteem by them, and with the promise of having a particular matter done, shall be punished in accordance with the provision of the preceding paragraph.

(3) Added paragraph: 24/11/2016, Law No. 6763, Art. 14 Where the offences set out in this Article and in Article 157 are committed jointly by three or more persons, the penalty to be imposed shall be increased by one half; where they are committed within the framework of the activities of an organisation formed for the purpose of committing offences, the penalty to be imposed shall be increased by one fold.

(4) Added: 16/7/2026, Law No. 7589, Art. 13 Where participation in the offences set out in this Article and in Article 157 is limited to the act of giving to another person, for the purpose of obtaining an unjust benefit for oneself or for another, payment instruments such as bank or credit cards belonging to oneself or to another, or the essential information or instruments enabling the use of an account held with banks, intermediary institutions, payment service providers or crypto asset service providers, the penalty to be imposed shall be reduced by one half.

Article 159Circumstance requiring a lesser penalty

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(1) Where fraud is committed for the purpose of collecting a receivable arising from a legal relationship, upon complaint, a penalty of imprisonment from six months to one year or a judicial fine shall be imposed.

Article 160Disposal of lost property or property obtained by mistake

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(1) A person who, without returning it or without informing the competent authorities of the situation, disposes as if an owner of property which has left the possession of its owner by reason of having been lost, or which has come into his hands by mistake, shall, upon complaint, be punished with imprisonment of up to one year or a judicial fine.

Article 161Fraudulent bankruptcy

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(1) A person who carries out fraudulent dispositions aimed at diminishing his assets shall, where bankruptcy has been adjudged before or after such fraudulent dispositions, be punished with imprisonment from three to eight years. For fraudulent bankruptcy to exist, the following

a) The smuggling away or concealment of, or causing a decrease in the value of, assets which serve as security for the receivables of creditors,

b) The concealment or destruction of commercial books, records or documents in order to prevent the disclosure of dispositions aimed at smuggling away assets,

c) The drawing up of documents in a manner that causes an increase in debts, as if a credit and debt relationship existed although in reality no such relationship exists,

d) Showing the assets as less than they are by means of untrue accounting records or by drawing up a false balance sheet,

is required.

Article 162Negligent bankruptcy

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(1) A person who causes bankruptcy by failing to exercise the care and diligence required by being a merchant shall, where bankruptcy has been adjudged, be punished with imprisonment from two months to one year.

Article 163Benefiting without payment

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(1) A person who, without making payment, benefits from a service which is provided by means of automatic machines and which may be benefited from upon payment of its price, shall be punished with imprisonment from two to six months or a judicial fine.

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

(3) Added: 2/7/2012, Law No. 6352, Art. 83 Where electrical energy, water or natural gas, which may be benefited from on a subscription basis, is consumed without the consent of its owner and in a manner preventing the determination of the amount consumed, a penalty of imprisonment from one to three years shall be imposed on the person.

Article 164False information concerning companies or cooperatives

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(1) Where persons holding the capacity of founder, partner, administrator, manager or representative of a company or cooperative, or member of its board of directors or board of auditors, or liquidator, give or cause to be given, in declarations made to the public or in reports or proposals submitted to the general assembly, significant untrue information of a nature that may cause damage to the persons concerned, they shall be punished with imprisonment from six months to three years or a judicial fine of up to one thousand days.

Article 165Purchasing or accepting proceeds of crime

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Amended: 26/6/2009, Law No. 5918, Art. 3

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

Article 166Failure to provide information

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(1) A person who, despite learning that property which he obtained on the basis of a legal relationship was in fact obtained by committing an offence or as a result of committing an offence, fails to notify without delay the authorities competent to prosecute the offence, shall be punished with imprisonment of up to six months or a judicial fine.

Article 167Personal ground for impunity or personal ground requiring a reduction of penalty

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(1) Excluding robbery and qualified robbery, where the offences set out in this chapter are committed to the detriment of:

a) One of the spouses in respect of whom no decision of separation has been given,

b) An ascendant or descendant, or a relative by marriage in the same degree, or an adoptive parent or adopted child,

c) One of the siblings living together in the same dwelling,

No penalty shall be imposed on the relative concerned.

(2) Where these offences are committed to the detriment of one of the spouses in respect of whom a decision of separation has been given, one of the siblings not living together in the same dwelling, or a paternal uncle, maternal uncle, paternal aunt, maternal aunt, nephew or niece, or relative by marriage in the second degree living together in the same dwelling, the penalty to be imposed upon complaint on the relative concerned shall be reduced by one half.

Article 168Effective repentance

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Amended: 29/6/2005, Law No. 5377, Art. 20

(1) Where, after the offences of theft, damage to property, breach of trust, fraud, fraudulent bankruptcy, negligent bankruptcy (…) have been completed but before a prosecution has commenced against him for this reason, the offender, instigator or accessory personally shows remorse and fully remedies the damage suffered by the victim by restitution in kind or compensation, the penalty to be imposed shall be reduced by up to two thirds.

(2) Where effective remorse is shown after the prosecution has commenced but before judgment is rendered, the penalty to be imposed shall be reduced by up to one half.

(3) The penalty to be imposed on a person who shows effective remorse in respect of the offence of robbery shall be reduced by up to one half in cases falling under paragraph 1 and by up to one third in cases falling under paragraph 2.

(4) In the case of partial restitution or compensation, the consent of the victim shall additionally be required for the provisions on effective remorse to be applied.

(5) Added: 2/7/2012, Law No. 6352, Art. 84 In the offence of benefiting without payment, where the offender, instigator or accessory shows remorse and fully compensates the damage suffered by the victim, the public or the private law legal person before the investigation is completed, no public prosecution shall be brought; where the damage is fully compensated before judgment is rendered, the penalty to be imposed shall be reduced by up to one third. However, a person may not benefit from the provision of this paragraph more than twice.

Article 169Application of security measures to legal persons

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(1) Security measures specific to them shall be ordered against legal persons for whose benefit an unjust gain has been obtained through the commission of the offences of theft, breach of trust and fraud.

Part Three: Offences Against Society

Chapter One: Offences Creating General Danger

Article 170Intentionally endangering public safety

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(1) A person who, in a manner dangerous to the life, health or property of persons, or in a manner capable of creating fear, anxiety or panic among persons:

a) Starts a fire,

b) Causes the collapse of a building, a landslide, an avalanche, a flood or an overflow,

c) Fires a weapon or uses explosive material,

shall be punished with imprisonment from one to five years. Added sentence: 24/12/2025, Law No. 7571, Art. 19 Where the offence is committed by firing a weapon capable of firing sound and gas cartridges, the person shall be punished with imprisonment from six months to three years.

(2) Added: 24/12/2025, Law No. 7571, Art. 19 Where the offence defined in paragraph 1 is committed in places where persons are present collectively, the penalty to be imposed shall be increased by one half.

(3) A person who causes the danger of a fire, collapse of a building, landslide, avalanche, flood or overflow shall be punished with imprisonment from three months to one year or a judicial fine.

Article 171Negligently endangering public safety

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(1) A person who negligently causes:

a) A fire,

b) The collapse of a building, a landslide, an avalanche, a flood or an overflow,

shall, where the act is dangerous to the life, health or property of others, be punished with imprisonment from three months to one year.

Article 172Emitting radiation

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(1) A person who exposes another person to radiation for the purpose of impairing his health and in a manner capable of achieving that purpose shall be punished with imprisonment from three to fifteen years.

(2) Where the act in paragraph 1 is committed against an indeterminate number of persons, a penalty of imprisonment of not less than five years shall be imposed.

(3) A person who emits radiation or interferes with the process of nuclear fission in a manner capable of causing significant damage to the life, health or property of another shall be punished with imprisonment from two to five years.

(4) A person who, in breach of the duty of care and diligence required during the operation of a laboratory or facility, causes the emission of radiation or the process of nuclear fission shall, where the act is capable of causing significant damage to the life, health or property of another, be punished with imprisonment from six months to three years.

Article 173Causing an explosion by atomic energy

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

(2) Where the act defined in the preceding paragraph is committed negligently, a penalty of imprisonment from two to five years shall be imposed.

Article 174Unauthorised possession or transfer of dangerous substances

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

(2) Where these acts are committed within the framework of the activities of an organisation formed for the purpose of committing offences, the penalty to be imposed shall be doubled.

(3) A penalty of imprisonment of up to one year shall be imposed on a person who purchases, accepts or possesses explosive material of an insignificant type and quantity, having regard to the purpose of its use.

Article 175Breach of the duty of care and supervision over a mentally ill person

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(1) A person who neglects the duty of care and supervision over a mentally ill person in a manner that may be dangerous to the life, health or property of others shall be punished with imprisonment of up to six months or a judicial fine.

Article 176Failure to comply with safety rules concerning construction or demolition

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(1) A person who, during construction or demolition activity, fails to take the measures necessary for human life or bodily integrity shall be punished with imprisonment from three months to one year or a judicial fine.

Article 177Releasing an animal in a manner that may create danger

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(1) A person who releases an animal under his supervision in a manner that may be dangerous to the life or health of others, or who is negligent in keeping such animals under control, shall be punished with imprisonment of up to six months or a judicial fine.

Article 178Failure to place signs and barriers

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(1) A person who fails to place the signs or barriers necessary to prevent the danger arising from works being carried out or objects left in places where everyone passes, or who removes or changes the location of signs or barriers that have been placed, shall be punished with imprisonment from two to six months or a judicial fine.

Article 179Endangering traffic safety

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(1) A person who causes a danger to the life, health or property of others by altering, rendering unusable or removing from their place any kind of signs placed to ensure the safe flow of land, sea, air or railway transport, by giving false signals, by placing an object on passage, arrival, departure or landing routes, or by interfering with the technical operating system, shall be given a penalty of imprisonment from one to six years.

(2) A person who drives and operates land, sea, air or railway transport vehicles in a manner that may be dangerous to 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 in a condition in which he is unable to drive and operate a vehicle safely under the influence of alcohol or narcotic substances or for any other reason shall be punished with imprisonment from six months to two years.

Article 180Negligently endangering traffic safety

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(1) A person who negligently causes a danger to the life, health or property of persons in sea, air or railway transport shall be given a penalty of imprisonment from three months to three years.

Chapter Two: Offences Against the Environment

Article 181Intentional pollution of the environment

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(1) A person who, contrary to the technical procedures determined by the relevant laws and in a manner harmful to the environment, intentionally releases waste or residues into the soil, water or air 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) Where the waste or residues show a permanent character in the soil, water or air, the penalty to be imposed under the preceding paragraphs shall be increased twofold.

(4) Where the acts defined in paragraphs 1 and 2 are committed in relation to waste or residues having characteristics capable of causing the emergence of diseases difficult to treat for humans or animals, the atrophy of reproductive capacity, or changes in the natural characteristics of animals or plants, a penalty of imprisonment of not less than five years and a judicial fine of up to one thousand days shall be imposed.

(5) Security measures specific to them shall be ordered against legal persons on account of the acts in paragraphs 2, 3 and 4 of this Article.

Article 182Negligent pollution of the environment

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(1) A person who negligently causes the release of waste or residues into the soil, water or air in a manner harmful to the environment shall be punished with a judicial fine. Where such waste or residues leave a permanent effect in the soil, water or air, a penalty of imprisonment from two months to one year shall be imposed.

(2) A person who negligently causes the release into the soil, water or air of waste or residues having characteristics capable of causing the emergence of diseases difficult to treat for humans or animals, the atrophy of reproductive capacity, or changes in the natural characteristics of animals or plants shall be punished with imprisonment from one to five years.

Article 183Causing noise

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(1) A person who, contrary to the obligations determined by the relevant laws, causes noise in a manner capable of harming the health of another person shall be punished with imprisonment from two months to two years or a judicial fine.

Article 184Causing zoning pollution

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(1) A person who constructs or causes to be constructed a building without obtaining a building permit or contrary to the permit shall be punished with imprisonment from one to five years.

(2) A person who allows electricity, water or telephone connections to be made to construction sites established for constructions started without a building permit shall be punished in accordance with the provision of the preceding paragraph.

(3) A person who allows any industrial activity to be carried out in buildings for which an occupancy permit has not been obtained shall be punished with imprisonment from two to five years.

(4) Except for paragraph 3, the provisions of this Article shall apply only within municipal boundaries or in places subject to a special zoning regime.

(5) Where the person brings the building which he constructed or caused to be constructed without a permit or contrary to the permit into conformity with the zoning plan and its permit, no public prosecution shall be brought pursuant to the provisions of paragraphs 1 and 2, any public prosecution already brought shall be discontinued, and any penalty imposed shall be extinguished with all its consequences.

(6) Added: 29/6/2005, Law No. 5377, Art. 21 The provisions of paragraphs 2 and 3 shall not apply in relation to structures built before 12 October 2004.

Chapter Three: Offences Against Public Health

Article 185Adding poisonous substances

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(1) A person who endangers the life and health of persons by adding poison to drinking water or to any kind of food or things to be eaten, drunk, used or consumed, or by spoiling them in other ways, shall be given a penalty of imprisonment from two to fifteen years.

(2) Where the acts specified in the preceding paragraph are committed in breach of the duty of care and diligence, a penalty of imprisonment from three months to one year shall be imposed.

Article 186Trade in spoiled or altered food or medicines

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(1) A person who sells, supplies or possesses any kind of things to be eaten or drunk, or medicines, which have been spoiled or altered in a manner endangering the life and health of persons, shall be given a penalty of imprisonment from one to five years and a judicial fine of up to one thousand five hundred days.

(2) Where this offence is committed within the scope of the practice of a profession or trade carried out on the basis of an official permit, the penalty to be imposed shall be increased by one third.

Article 187Making or selling medicines in a manner endangering the life and health of persons

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(1) A person who produces or sells medicines in a manner endangering the life and health of persons shall be given a penalty of imprisonment from one to five years and a judicial fine.

(2) Where this offence is committed by a physician or pharmacist, or within the scope of the practice of a profession or trade carried out on the basis of an official permit, the penalty to be imposed shall be increased by one third.

Article 188Manufacture of and trafficking in narcotic or stimulant substances

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(1) A person who manufactures, imports or exports narcotic or stimulant substances without a licence or contrary to the licence shall be punished with imprisonment from twenty to thirty years and a judicial fine from two thousand to twenty thousand days.

(2) Where the act of exporting narcotic or stimulant substances is characterised as importation from the perspective of the other country, the executed portion of the penalty imposed as a result of the trial conducted in that country shall be deducted from the penalty imposed as a result of the trial to be conducted in Türkiye on account of the export of narcotic or stimulant substances.

(3) A person who, without a licence or contrary to the licence, sells, offers for sale, gives to others, dispatches, transports, stores, purchases, accepts or possesses narcotic or stimulant substances within the country shall be punished with imprisonment of not less than ten years and a judicial fine from one thousand to twenty thousand days. Added sentence: 18/6/2014, Law No. 6545, Art. 66 However, where the person to whom the narcotic or stimulant substance is given or sold is a child, the penalty of imprisonment to be imposed on the person giving or selling it may not be less than fifteen years.

(4) Amended: 27/3/2015, Law No. 6638, Art. 11 a) Where the narcotic or stimulant substances specified in the preceding paragraphs are heroin, cocaine, morphine, morphine base, synthetic cannabinoids and their derivatives, synthetic cathinones and their derivatives, synthetic opioids and their derivatives, or amphetamine and its derivatives,

b) Where the acts in paragraph 3 are committed in public places or places open to the public within a distance of less than two hundred metres from buildings and facilities where persons are present collectively for medical treatment, educational, military and social purposes, such as schools, dormitories, hospitals, barracks or places of worship, or from their boundaries as determined by their perimeter walls, wire fences or similar barriers or signs, if any,

the penalty to be imposed shall be increased by one half.

(5) Amended: 18/6/2014, Law No. 6545, Art. 66 Where the offences specified in the preceding paragraphs are committed jointly by three or more persons, the penalty to be imposed shall be increased by one half; where they are committed within the framework of the activities of an organisation formed for the purpose of committing offences, the penalty to be imposed shall be doubled.

(6) The provisions of the preceding paragraphs shall also apply in respect of any substance producing a narcotic or stimulant effect whose production is subject to the permission of official authorities or whose sale is subject to a prescription issued by an authorised physician. Added sentence: 29/6/2005, Law No. 5377, Art. 22 However, the penalty to be imposed may be reduced by up to one half.

(7) A person who imports into the country, manufactures, sells, purchases, dispatches, transports, stores or exports a substance which, although not producing a narcotic or stimulant effect, is used in the production of narcotic or stimulant substances and whose importation or manufacture is subject to the permission of official authorities, shall be punished with imprisonment of not less than eight years and a judicial fine from one thousand to twenty thousand days.

(8) Where the offences defined in this Article are committed by a physician, dentist, pharmacist, chemist, veterinarian, health officer, laboratory technician, midwife, nurse, dental technician, patient attendant, health service provider, or a person engaged in chemistry or the pharmaceutical trade, the penalty to be imposed shall be increased by one half.

Article 189Application of security measures to legal persons

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(1) Where the offences of manufacturing and trafficking in narcotic or stimulant substances are committed within the framework of the activities of a legal person, security measures specific to them shall be ordered against the legal person.

Article 190Facilitating the use of narcotic or stimulant substances

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(1) Any person who, in order to facilitate the use of narcotic or stimulant substances;

a) Provides a special place, equipment or materials,

b) Takes measures to make the apprehension of users more difficult,

c) Gives information to others on methods of use,

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

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

(3) Where the offences 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 the pharmaceutical trade, the penalty to be imposed shall be increased by one half.

Article 191Purchasing, accepting or possessing narcotic or stimulant substances for use, or using narcotic or stimulant substances

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Amended: 18/6/2014, Law No. 6545, Art. 68

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

(2) In an investigation initiated for this offence, a decision shall be rendered to postpone the filing of a public action for a period of five years in respect of the suspect, without seeking the conditions set out in Article 171 of the Code of Criminal Procedure No. 5271 dated 4/12/2004. In this case, the public prosecutor shall warn the suspect of the consequences that may arise for him or her if he or she fails to act in accordance with the obligations imposed during the postponement period or violates the prohibitions. Added sentence: 28/3/2023, Law No. 7445, Art. 18 The postponement decision shall also be notified to the law enforcement units.

(3) Amended: 28/3/2023, Law No. 7445, Art. 18 During the postponement period, the probation measure shall be applied to the suspect for a minimum period of one year. This period may be extended, upon the proposal of the probation directorate or ex officio by decision of the public prosecutor, by periods of six months each, for at most two more years. A person subjected to the probation measure may, where deemed necessary, be subjected to treatment during the probation period. The public prosecutor shall decide to refer the suspect to the relevant institution at least twice a year in order to determine whether he or she uses narcotic or stimulant substances during the postponement period.

(4) Where the person, during the postponement period;

a) Persists in failing to act in accordance with the obligations imposed on him or her or the requirements of the treatment applied,

b) Again purchases, accepts or possesses narcotic or stimulant substances for use,

c) Uses narcotic or stimulant substances,

a public action shall be filed against him or her.

(5) The person's again purchasing, accepting or possessing narcotic or stimulant substances for use, or using narcotic or stimulant substances, during the postponement period shall be deemed a ground of violation under paragraph 4 and shall not be made the subject of a separate investigation and prosecution.

(6) After a public action has been filed pursuant to paragraph 4, no decision to postpone the filing of a public action pursuant to paragraph 2 may be rendered in investigations initiated on the allegation that the offence defined in paragraph 1 has been committed again.

(7) Where the suspect does not act contrary to the obligations specified in paragraph 4 and does not violate the prohibitions during the postponement period, a decision of non-prosecution shall be rendered in respect of him or her.

(8) Where, during the prosecution phase conducted for the offence of;

a) Manufacture of and trade in narcotic or stimulant substances defined in Article 188,

b) Facilitating the use of narcotic or stimulant substances defined in Article 190,

of this Code, it is understood that the offence falls exclusively within the scope of this article, a decision on the deferral of the announcement of the verdict shall be rendered in respect of the accused within the framework of the provisions of this article.

(9) In cases where there is no provision to the contrary in this article, the provisions of Article 171 of the Code of Criminal Procedure on the postponement of the filing of a public action or of Article 231 thereof on the deferral of the announcement of the verdict shall apply.

(10) Added: 27/3/2015, Law No. 6638, Art. 12 Where the acts in paragraph 1 are committed in buildings and facilities where people are collectively present for treatment, educational, military and social purposes, such as schools, dormitories, hospitals, barracks or places of worship, or in public places or places open to the public within a distance of less than two hundred metres from the boundaries of such buildings and facilities as determined by their surrounding walls, wire fences or similar barriers or markings, if any, the penalty to be imposed shall be increased by one half.

Article 192Effective repentance

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(1) Where a person who has participated in the offences of manufacture of and trade in narcotic or stimulant substances notifies the competent authority, before the official authorities have been informed, of the other accomplices and of the places where the narcotic or stimulant substances are concealed or manufactured, no penalty shall be imposed on him or her if the information provided leads to the apprehension of the accomplices or the seizure of the narcotic or stimulant substance.

(2) Where a person who purchases, accepts or possesses narcotic or stimulant substances for use notifies the competent authority, before the official authorities have been informed, from whom, where and when he or she obtained the substance, thereby facilitating the apprehension of the offenders or the seizure of the narcotic or stimulant substance, no penalty shall be imposed on him or her.

(3) The penalty to be imposed on a person who, after these offences have been discovered, voluntarily serves and assists in bringing the offence to light and in the apprehension of the offender or other accomplices shall be reduced by one quarter to one half, depending on the nature of the assistance.

(4) Where a person who uses narcotic or stimulant substances applies to the official authorities or health institutions requesting to be treated before an investigation is initiated against him or her for purchasing, accepting or possessing narcotic or stimulant substances for use, no penalty shall be imposed. Added sentence: 24/11/2016, Law No. 6763, Art. 16 In this case, no obligation to report the offence pursuant to Articles 279 and 280 shall arise for public officials and members of the health professions.

Article 193Manufacture of and trade in poisonous substances

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(1) Any person who, without permission, produces, possesses, sells or transports a substance which contains poison and the production, possession or sale of which is subject to permission shall be punished with imprisonment from two months to one year.

Article 194Supplying substances dangerous to health

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(1) Any person who gives or offers for consumption substances that may pose a danger to health to children, mentally ill persons or persons using volatile substances shall be punished with imprisonment from six months to one year.

Article 195Acting contrary to measures concerning contagious diseases

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(1) Any person who fails to comply with the measures taken by the competent authorities concerning the quarantine of a place where a person who has contracted, or has died from, one of the contagious diseases is present shall be punished with imprisonment from two months to one year.

Article 196Irregular burial of the dead

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(1) Any person who buries a dead body, or causes a dead body to be buried, in places other than those allocated for the burial of the dead shall be punished with imprisonment of up to six months.

Chapter Four: Offences against Public Trust

Article 197Counterfeiting money

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(1) Any person who counterfeits, brings into the country, transports, keeps or puts into circulation money which is legally in circulation in the country or in foreign countries shall be punished with imprisonment from two to twelve years and a judicial fine of up to ten thousand days.

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

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

Article 198Instruments deemed equivalent to money

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(1) Bearer bonds, shares, debentures and coupons issued by the State, and instruments, debentures and documents issued by authorised institutions and legally in circulation, as well as national ornamental gold coins, shall be deemed money.

Article 199Counterfeiting valuable stamps

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(1) Any person who counterfeits, brings into the country, transports, keeps or puts into circulation valuable stamps shall be punished with imprisonment from one to five years and a judicial fine.

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

(3) Any person who, knowing its nature, puts into circulation a valuable stamp which he or she accepted without knowing that it was counterfeit shall be punished with imprisonment from one to six months.

(4) Stamped papers, stamps and postage stamps, and stamps used for the purpose of certifying that a certain amount of tax or fee has been paid, shall be deemed valuable stamps.

Article 200Tools used for making money and valuable stamps

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(1) Any person who, without permission, produces, brings into the country, sells, transfers, purchases, accepts or keeps tools or materials used in the production of money and valuable stamps shall be punished with imprisonment from one to four years and a judicial fine.

Article 201Effective repentance

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(1) Where a person who counterfeits, brings into the country, transports, keeps or accepts money or valuable stamps notifies the competent authority, before putting such money or valuable stamps into circulation and before the official authorities have been informed, of the other accomplices and of the places where the counterfeit money or valuable stamps are produced or concealed, no penalty shall be imposed on him or her if the information provided leads to the apprehension of the accomplices and the seizure of the counterfeit money or valuable stamps.

(2) Where a person who, without permission, produces, brings into the country, sells, transfers, purchases, accepts or keeps tools and materials used in the production of counterfeit money or valuable stamps notifies the relevant authority, before the official authorities have been informed, of the other accomplices and of the places where such materials are produced or concealed, no penalty shall be imposed on him or her if the information provided leads to the apprehension of the accomplices and the seizure of such materials.

Article 202Counterfeiting seals

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(1) Any person who counterfeits or uses a counterfeit of the seal used by the Presidency of the Republic, the Presidency of the Grand National Assembly of Türkiye and the Prime Ministry shall be punished with imprisonment from two to eight years.

(2) Any person who counterfeits or uses a counterfeit of an approving or certifying seal used by public institutions and organisations or by professional organisations having the nature of public institutions shall be punished with imprisonment from one to six years.

Article 203Breaking seals

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(1) Any person who removes a seal placed, pursuant to the law or the order of competent authorities, in order to ensure that a thing is kept or that its existence is preserved intact, 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.

Article 204Forgery of official documents

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(1) Any person who forges an official document, alters a genuine official document in a manner capable of deceiving 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 which he or she is authorised to issue by virtue of his or her duty, alters a genuine document in a manner capable of deceiving 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) Where the official document is, by virtue of a provision of law, a document that is valid until its forgery is proven, the penalty to be imposed shall be increased by one half.

Article 205Damaging, destroying or concealing official documents

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(1) Any person who damages, destroys or conceals a genuine official document shall be punished with imprisonment from two to five years. Where the offence is committed by a public official, the penalty to be imposed shall be increased by one half.

Article 206False statement in the issuance of an official document

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(1) Any person who makes a false statement to a public official authorised to issue an official document shall be punished with imprisonment from three months to two years or a judicial fine.

Article 207Forgery of private documents

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(1) Any person who forges a private document, or alters a genuine private document in a manner capable of deceiving others, and uses it shall be punished with imprisonment from one to three years.

(2) Any person who, knowing its nature, uses a forged private document shall also be punished in accordance with the provision of the above paragraph.

Article 208Damaging, destroying or concealing private documents

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

Article 209Abuse of a signature in blank

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

(2) Any person who unlawfully obtains or holds a signed and partially or completely blank paper and fills it in such a way as to produce legal consequences shall be punished in accordance with the provisions on forgery of documents.

Article 210Documents deemed official documents

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(1) Where the subject of the offence of forgery of a private document is a bill of exchange payable to order or to bearer, a document representing goods, a share certificate, a debenture or a will, the provisions on the offence of forgery of an official document shall apply.

(2) A physician, dentist, pharmacist, midwife, nurse or other member of the health professions who issues a document contrary to the truth shall be punished with imprisonment from three months to one year. Where the document issued provides an unjust benefit to a person or is of a nature producing a result to the detriment of the public or of individuals, a penalty shall be imposed in accordance with the provisions on forgery of official documents.

Article 211Circumstance requiring a lesser penalty

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(1) Where the offence of forgery of documents is committed for the purpose of proving a receivable based on a legal relationship or documenting a true situation, the penalty to be imposed shall be reduced by one half.

Article 212Concurrence of offences

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(1) Where a forged official or private document is used in the commission of another offence, separate penalties shall be imposed for both the forgery and the related offence.

Chapter Five: Offences against Public Peace

Article 213Threat for the purpose of creating fear and panic among the public

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(1) Any person who, for the purpose of creating anxiety, fear and panic among the public, publicly threatens with respect to life, health, body or sexual immunity or property shall be punished with imprisonment from two to four years.

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

Article 214Provocation to commit an offence

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(1) Any person who publicly provokes the commission of an offence shall be punished with imprisonment from six months to five years.

(2) Any person who, by arming one part of the public against another part, provokes them to kill one another shall be punished with imprisonment from fifteen to twenty-four years.

(3) Where the offences subject to provocation are committed, the person who provoked them shall be punished as an instigator of such offences.

Article 215Praising an offence and an offender

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(1) Any person who publicly praises an offence that has been committed, or a person on account of the offence he or she has committed, shall, where a clear and imminent danger to public order arises as a result, be punished with imprisonment of up to two years.

Article 216Provoking the public to hatred and hostility or degrading

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(1) Any person who publicly provokes a section of the public having different characteristics in terms of social class, race, religion, sect or region to hatred and hostility against another section shall, where a clear and imminent danger to public security arises as a result, be punished with imprisonment from one to three years.

(2) Any person who publicly degrades a section of the public on the grounds of differences of social class, race, religion, sect, gender or region shall be punished with imprisonment from six months to one year.

(3) Any person who publicly degrades the religious values adopted by a section of the public shall, where the act is capable of disturbing public peace, be punished with imprisonment from six months to one year.

Article 217Provocation to disobey the laws

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(1) Any person who publicly provokes the public to disobey the laws shall, where the provocation is capable of disturbing public peace, be punished with imprisonment from six months to two years or a judicial fine.

Article 217/APublic dissemination of information misleading the public

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Added: 13/10/2022, Law No. 7418, Art. 29

(1) Any person who, solely with the motive of creating anxiety, fear or panic among the public, publicly disseminates information that is contrary to the truth concerning the internal and external security, public order and general health of the country, in a manner capable of disturbing public peace, shall be punished with imprisonment from one to three years.

(2) Where the offender commits the offence by concealing his or her real identity or within the framework of the activities of an organisation, the penalty imposed under paragraph 1 shall be increased by one half.

Article 218Common provision

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(1) Amended: 29/6/2005, Law No. 5377, Art. 25 Where the offences defined in the above articles are committed through the press and broadcasting, the penalty to be imposed shall be increased by up to one half. However, expressions of opinion which do not exceed the limits of reporting and which are made for the purpose of criticism shall not constitute an offence.

Article 219Abuse of religious services during the performance of duty

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(1) If any religious leader such as an imam, preacher (hatip), sermoniser (vaiz), priest or rabbi publicly reprehends and disparages the administration of the government, the laws of the State or the acts of the government while performing his duty, he shall be punished with imprisonment from one month to one year and a judicial fine, or one of these may be imposed.

(2) If one of the persons indicated in the above paragraph, taking advantage of this capacity, reprehends and disparages the administration of the government, the laws, regulations and orders, or the duties and powers belonging to one of the offices, or provokes and incites the public to disobey the laws or the execution of government orders, or incites an official to disobey the requirements of his office, he shall be sentenced to imprisonment from three months to two years and a judicial fine, and to be prohibited, permanently or temporarily, from actually performing that duty and from receiving its benefits and emoluments.

(3) The penalty set out in the above paragraph shall also be imposed on religious leaders and officials who, taking advantage of their capacity, compel or persuade a person to engage in acts or words contrary to rights acquired under the law.

(4) If one of them, taking advantage of his religious capacity, commits a crime other than the acts set out in paragraph 1, he shall be sentenced to the penalty prescribed in the law for that crime, increased by one sixth.

(5) However, if the law has already taken this capacity into account as an essential element, there shall be no ground to increase the penalty.

Article 220Establishing an organisation for the purpose of committing offences

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(1) Persons who establish or manage an organisation for the purpose of committing acts defined as offences by law shall, where the organisation is capable of committing the intended offences in terms of its structure, the number of its members and its tools and equipment, be punished with imprisonment from five to ten years. However, for the existence of an organisation, the number of members must be at least three persons.

(2) Persons who become members of an organisation established for the purpose of committing offences shall be punished with imprisonment from two to five years.

(3) Where the organisation is armed, the penalty to be imposed under the above paragraphs shall be increased by one half.

(4) Where offences are committed within the framework of the activities of the organisation, penalties shall also be imposed separately for those offences.

(5) Added sentence: 24/12/2025, Law No. 7571, Art. 20 Where children are used as instruments in offences committed within the framework of the activities of the organisation, the penalty to be imposed on the managers of the organisation under the above paragraphs shall be increased by one half to one fold. The managers of the organisation shall additionally be punished as offenders for all offences committed within the framework of the activities of the organisation.

(6) Amended: 2/3/2024, Law No. 7499, Art. 10 Annulled paragraph by Constitutional Court decision of 5/11/2024, E. 2024/81, K. 2024/189

(7) Amended: 2/7/2012, Law No. 6352, Art. 85 A person who, although not part of the hierarchical structure within the organisation, knowingly and willingly aids the organisation shall be punished as a member of the organisation. The penalty to be imposed for membership of the organisation may be reduced by up to one third, depending on the nature of the aid provided.

(8) Any person who makes propaganda for the organisation in a manner that legitimises or praises its methods involving force, violence or threats, or encourages recourse to such methods, shall be punished with imprisonment from one to three years. Where this offence is committed through the press and broadcasting, the penalty to be imposed shall be increased by one half.

Article 221Effective repentance

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(1) No penalty shall be imposed on founders or leaders who, before an investigation is initiated for the offence of establishing an organisation for the purpose of committing offences and before any offence is committed in line with the aims of the organisation, dissolve the organisation or ensure its dissolution through the information they provide.

(2) Where a member of an organisation, without having participated in the commission of any offence within the framework of the organisation's activities, notifies the relevant authorities that he or she has voluntarily left the organisation, no penalty shall be imposed on that member.

(3) Where a member of an organisation who is apprehended without having participated in the commission of any offence within the framework of the organisation's activities, out of remorse, provides information capable of bringing about the dissolution of the organisation or the apprehension of its members, no penalty shall be imposed on that member.

(4) Where a person who has established, led or become a member of an organisation for the purpose of committing offences, or who, although not a member, has committed an offence on behalf of the organisation or knowingly and wilfully aided the organisation, voluntarily surrenders and provides information concerning the structure of the organisation and the offences committed within the framework of its activities, no penalty shall be imposed on that person for the offence of establishing, leading or being a member of an organisation. Where the person provides such information after being apprehended, the penalty to be imposed on him or her for that offence shall be reduced by one third to three quarters.

(5) A probation measure shall be imposed for a period of one year on persons who benefit from effective remorse. The duration of the probation measure may be extended up to three years.

(6) Added: 6/12/2006, Law No. 5560, Art. 8 The provisions on effective remorse in this article shall not be applied more than once in respect of the same person.

Chapter Six: Offences against Means of Transport or Fixed Platforms

Article 223Preventing the movement of, hijacking or detaining means of transport

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Amended together with its heading: 24/12/2025, Law No. 7571, Art. 21

(1) A person who, by an unlawful act, prevents a land transport vehicle from moving or stops such vehicle while it is in motion shall be punished with imprisonment from one to three years, and a person who diverts such vehicle to a place other than its destination shall be punished with imprisonment from two to five years.

(2) Where the subject of the offence is a sea or railway transport vehicle, imprisonment from three to seven years shall be imposed.

(3) A person who, by an unlawful act, prevents an air transport vehicle from moving shall be punished with imprisonment from five to ten years, and a person who diverts such vehicle to a place other than its destination shall be punished with imprisonment from seven to twelve years.

(4) Where another offence is committed for the purpose of or during the commission of the offences defined in the preceding paragraphs, a penalty shall additionally be imposed for that offence.

(5) Where the acts specified in paragraphs 1 and 2 are committed during meetings and demonstration marches organised in accordance with the form, conditions and procedures prescribed by law, the offences under those paragraphs shall not be constituted.

Article 224Seizure of fixed platforms on the continental shelf or in the exclusive economic zone

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(1) A person who seizes, captures or takes control of a fixed platform installed 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) Where the liberty of persons is restricted during the commission of this offence, a penalty shall additionally be imposed on that account.

(3) Where, during the commission of this offence, the aggravated forms of the offence of intentional injury by reason of its consequences occur, the provisions relating to the offence of intentional injury shall additionally be applied.

Chapter Seven: Offences against Public Morality

Article 225Indecent acts

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

Article 226Obscenity

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(1) a) Gives to a child products containing obscene images, writings or words, or shows, reads, has read or makes listen to a child the content thereof,

b) Shows, exhibits in a visible manner, reads, has read, says or has said the content thereof in places which children may enter or see, or in public,

c) Offers such products for sale or rent in a manner enabling their content to be known,

d) Offers for sale, sells or rents such products outside shops designated for their sale,

e) Gives or distributes such products free of charge alongside or in connection with the sale of other goods or services,

f) Advertises such products,

A person who does any of the above shall be punished with imprisonment from six months to two years and a judicial fine.

(2) A person who publishes obscene images, writings or words through the press and broadcasting, or acts as an intermediary in 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 appearing as children in the production of products containing obscene images, writings 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 brings such products into the country, reproduces, offers for sale, sells, transports, stores, exports or possesses them, or makes them available 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) A person who produces, brings into the country, offers for sale, sells, transports, stores, makes available for the use of others or possesses products containing writings, sounds or images relating to sexual acts performed by using violence, with animals, on a dead human body or by unnatural means shall be punished with imprisonment from one to four years and a judicial fine of up to five thousand days.

(5) A person who publishes the content of the products referred to in paragraphs 3 and 4 through the press and broadcasting, or acts as an intermediary in their publication, or causes children to see, hear or read them, shall be punished with imprisonment from six to ten years and a judicial fine of up to five thousand days.

(6) For these offences, security measures specific to legal persons shall be imposed on them.

(7) The provisions of this article shall not apply to scientific works, nor, except for paragraph 3 and provided that access by children is prevented, to works having artistic or literary value.

Article 227Prostitution

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(1) A person who encourages a child to engage in prostitution, facilitates it, procures or harbours 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 acts towards the commission of this offence shall also be punished as if the offence had been completed.

(2) A person who encourages another person to engage in prostitution, facilitates it, 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. Securing one's livelihood, in whole or in part, by benefiting from the earnings of a person drawn into prostitution shall be deemed encouragement to prostitution.

(3) Repealed: 6/12/2006, Law No. 5560, Art. 45; Re-enacted: 24/11/2016, Law No. 6763, Art. 18 A person who gives, distributes or disseminates products containing images, writings and words prepared for the purpose of facilitating prostitution or acting as an intermediary in prostitution shall be punished with imprisonment from one to three years and a judicial fine of two hundred to two thousand days.

(4) The penalty to be imposed under the preceding paragraphs on a person who leads another person into prostitution or causes him or her to engage in prostitution by using force or threat, by deceit or by taking advantage of his or her helplessness shall be increased by one half to twofold.

(5) Where the offences defined in the preceding paragraphs are committed by a spouse, ascendant, ascendant by marriage, sibling, adoptive parent, guardian, educator, teacher, caregiver or other persons under a duty of protection and supervision, or by abusing the influence derived from public office or a service relationship, the penalty to be imposed shall be increased by one half.

(6) Where these offences are committed within the framework of the activities of an organisation established for the purpose of committing offences, the penalty to be imposed under the preceding paragraphs shall be increased by one half.

(7) For these offences, security measures specific to legal persons shall be imposed on them.

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

Article 228Providing a place and opportunity for gambling

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(1) A person who provides a place and 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) Where a place and opportunity is provided for children to gamble, the penalty to be imposed shall be increased by onefold.

(3) Added: 15/8/2017, Decree-Law No. 694, Art. 139; adopted without amendment: 1/2/2018, Law No. 7078, Art. 134 Where the offence is committed through the use of information systems, imprisonment from three to five years and a judicial fine of one thousand to ten thousand days shall be imposed.

(4) Added: 15/8/2017, Decree-Law No. 694, Art. 139; adopted without amendment: 1/2/2018, Law No. 7078, Art. 134 Where the offence is committed within the framework of the activities of an organisation, the penalty to be imposed shall be increased by one half.

(5) For this offence, security measures specific to legal persons shall be imposed on them.

(6) In the application of the Penal Code, gambling means games played for the purpose of gain in which profit and loss depend on chance.

Article 229Begging

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(1) A person who uses children, or persons who are physically or mentally incapable of managing themselves, as instruments for begging shall be punished with imprisonment from one to three years.

(2) Where this offence is committed by relatives by blood or by marriage up to and including the third degree, or by a spouse, the penalty to be imposed shall be increased by one half.

(3) Where this offence is committed within the framework of the activities of an organisation, the penalty to be imposed shall be increased by onefold.

Chapter Eight: Offences against the Family Order

Article 230Multiple marriages, fraudulent marriage, religious ceremony

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(1) A person who, despite being married, has a marriage concluded with another person shall be punished with imprisonment from six months to two years.

(2) A person who, while not being married himself or herself, has a marriage concluded with a person whom he or she knows to be married shall also be punished in accordance with the provision of the preceding paragraph.

(3) A person who has a marriage concluded with another person by concealing his or her true identity shall be punished with imprisonment from three months to one year.

(4) The limitation period for the offences defined in the preceding paragraphs shall begin to run from the date on which the decision annulling the marriage becomes final.

(5) Annulled by Constitutional Court decision of 27/5/2015, E. 2014/36, K. 2015/51

(6) Annulled by Constitutional Court decision of 27/5/2015, E. 2014/36, K. 2015/51

Article 231Altering the parentage of a child

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(1) A person who alters or conceals the parentage of a child shall be punished with imprisonment from one to three years.

(2) A person who, by acting in breach of the duty of care, causes a child in a healthcare institution to be mixed up with another child shall be punished with imprisonment of up to one year.

Article 232Ill-treatment

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(1) A person who ill-treats one of the persons with whom he or she lives in the same dwelling shall be punished with imprisonment from two months to one year.

(2) A person who abuses the disciplinary authority arising from his or her right of upbringing over a person who is under his or her authority or whom he or she is obliged to raise, educate, care for, protect or teach a profession or trade shall be sentenced to imprisonment of up to one year.

Article 233Breach of obligations arising from family law

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(1) A person who fails to fulfil the obligation of care, education or support arising from family law shall, upon complaint, be punished with imprisonment from three months to two years.

(2) A person who abandons in a helpless situation his wife whom he knows to be pregnant, or an unmarried woman with whom he lives on a permanent basis and whom he knows to have become pregnant by him, shall be sentenced to imprisonment from six months to two years.

(3) A mother or father who, even if his or her custody rights have been removed, seriously endangers the morals, safety and health of his or her children through lack of material and moral care resulting from habitual drunkenness, the use of narcotic or stimulant substances or dishonourable conduct and behaviour shall be punished with imprisonment from one to three years.

(4) Added: 8/8/2026, Law No. 7593, Art. 3 Where, as a result of the acts defined in paragraphs 1 and 3, the child commits the offence of intentional killing (Articles 81 and 82) or of injury aggravated by reason of its consequences (Article 87, paragraphs 2 and 4), the penalty to be imposed on the offender under this article shall be increased by one half to twofold, without any complaint being required.

Article 234Abduction and detention of a child

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(1) Where a mother or father whose custody authority has been removed, or a blood relative up to and including the third degree, abducts or detains a child who has not completed the age of sixteen from the parent, guardian or person under whose care and supervision the child is, without using force or threat, imprisonment from three months to one year shall be imposed.

(2) Where the act is committed by using force or threat, or the child has not yet completed the age of twelve, the penalty shall be increased by onefold.

(3) Added: 6/12/2006, Law No. 5560, Art. 10 A person who keeps with him or her a child who has left home without the knowledge or consent of his or her legal representative, even with the child's consent, without informing the child's family or the competent authorities of the situation shall, upon complaint, be punished with imprisonment from three months to one year.

Chapter Nine: Offences relating to the Economy, Industry and Commerce

Article 235Bid rigging

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(1) Amended: 11/4/2013, Law No. 6459, Art. 12 A person who rigs tenders relating to the purchase or sale of goods or services or to leasing carried out on behalf of public institutions or organisations, or construction tenders, shall be punished with imprisonment from three to seven years.

(2) A tender shall be deemed to have been rigged in the following cases:

a) By fraudulent conduct;

1. Preventing persons who possess the qualifications or meet the conditions for participating in the tender from participating in the tender or in the procedures of the tender process,

2. Enabling persons who do not possess the qualifications or meet the conditions for participating in the tender to participate in the tender,

3. Excluding offered goods from evaluation on the ground that they do not have the characteristics specified in the specifications although they do have them,

4. Admitting offered goods to evaluation on the ground that they have the characteristics specified in the specifications although they do not have them.

b) Enabling others to access information relating to bids which must be kept confidential under the tender legislation or the specifications.

c) Preventing persons who possess the qualifications or meet the conditions for participating in the tender from participating in the tender or in the procedures of the tender process, by using force or threat or by other unlawful conduct.

d) Persons who wish to participate or participate in the tender making an open or secret agreement among themselves in order to influence the terms of the tender and in particular the price.

(3) Amended: 11/4/2013, Law No. 6459, Art. 12 Where the offence of bid rigging is:

a) Committed by using force or threat, the lower limit of the basic penalty may not be less than five years. However, where the qualified forms of the offence of intentional injury or threat requiring a heavier penalty occur, a penalty shall additionally be imposed for those offences.

b) Committed without resulting in any damage to the relevant public institution or organisation, imprisonment from one to three years shall be imposed on the offender, except in the cases specified in subparagraph (a) of this paragraph.

(4) Officials who obtain a benefit through bid rigging shall additionally be punished on that account in accordance with the provision on the relevant offence.

(5) The provisions of the preceding paragraphs shall also apply in the case of rigging of auctions or reverse auctions conducted through public institutions or organisations, and of the purchase or sale of goods or services or of leasing carried out on behalf of professional organisations having the status of public institutions, companies established with the participation of public institutions or organisations or of professional organisations having the status of public institutions, foundations operating within their structure, associations working for the public benefit or cooperatives.

Article 236Corrupting the performance of an obligation

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(1) A person who corrupts the performance of an obligation undertaken towards public institutions or organisations, professional organisations having the status of public institutions, companies established with their participation, foundations operating within their structure, associations working for the public benefit or cooperatives shall be punished with imprisonment from three to seven years.

(2) Where the following acts are carried out fraudulently, the performance of the obligation shall be deemed to have been corrupted:

a) Delivery or acceptance of goods other than the goods whose specifications are set out in the tender decision or contract.

b) Delivery or acceptance of goods in a quantity less than that specified in the tender decision or contract.

c) Acceptance of the obligation as if it had been performed on time although it was not performed within the period specified in the tender decision or contract.

d) In construction tenders, acceptance of the work or of the materials used although they do not comply with the conditions, quantities or qualities set out in the specifications or contract.

e) Acceptance of an obligation in the nature of a service as if it had been rendered although it was not rendered, or was rendered incompletely, in accordance with the conditions specified in the tender decision or contract.

(3) Officials who obtain a benefit through corrupting the performance of an obligation shall additionally be punished on that account in accordance with the provision on the relevant offence.

Article 237Influencing prices

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(1) A person who, in a manner capable of resulting in an increase or decrease in workers' wages or in the value of foodstuffs or goods and with that intention, spreads false news or rumours or resorts to other fraudulent means shall be sentenced to imprisonment from one to three years and a judicial fine.

(2) Where, as a result of the act, the value of foodstuffs or goods or workers' wages increase or decrease, the penalty shall be increased by one half.

(3) Where the offender is a licensed broker or stock exchange broker, the penalty shall be further increased by one half.

Article 238Causing shortage of things necessary for the public

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(1) A person who, by failing to perform work he or she has undertaken, causes the disappearance or substantial reduction of goods or foodstuffs that are essential for public institutions and organisations, for a public service or for the prevention of a general disaster shall be sentenced to imprisonment from one to three years and a judicial fine of up to one thousand days.

Article 239Disclosure of information or documents in the nature of a commercial secret, banking secret or customer secret

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(1) A person who gives to unauthorised persons or discloses information or documents in the nature of a commercial secret, banking secret or customer secret which he or she has come to know by virtue of his or her capacity or duty, profession or trade shall, upon complaint, be punished with imprisonment from one to three years and a judicial fine of up to five thousand days. Where such information or documents are given to unauthorised persons or disclosed by persons who obtained them unlawfully, a penalty shall also be imposed in accordance with this paragraph.

(2) The provisions of paragraph 1 shall also apply to information relating to scientific discoveries and inventions or to industrial applications.

(3) Where such secrets are disclosed to a foreigner not residing in Türkiye or to his or her employees, the penalty to be imposed on the offender shall be increased by one third. In this case, the condition of complaint shall not be required.

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

Article 240Refusal to sell goods or services

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(1) A person who, by refusing to sell a certain good or service, causes an urgent public need to arise shall be punished with imprisonment from one to three years.

Article 241Usury

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

(2) Added: 14/4/2020, Law No. 7242, Art. 14 Where the offence is committed within the framework of the activities of an organisation, the penalty to be imposed shall be increased by onefold.

Article 242Application of security measures to legal persons

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(1) Security measures specific to legal persons shall be imposed on legal persons for whose benefit an unjust advantage has been secured through the commission of the offences in this chapter.

Chapter Ten: Offences in the Field of Information Technology

Article 243Entering an information system

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(1) A person who unlawfully enters, or continues to remain in, the whole or a part of an information system shall be sentenced to imprisonment of up to one year or a judicial fine.

(2) Where the acts defined in the preceding paragraph are committed in respect of systems that may be used in return for payment, the penalty to be imposed shall be reduced by up to one half.

(3) Where the data contained in the system are destroyed or altered as a result of this act, imprisonment from six months to two years shall be imposed.

(4) Added: 24/3/2016, Law No. 6698, Art. 30 A person who, without entering the system, unlawfully monitors by technical means data transfers taking place within an information system or between information systems shall be punished with imprisonment from one to three years.

Article 244Obstructing or disrupting the system, destroying or altering data

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(1) Any person who obstructs or disrupts the functioning of an information system shall be punished with imprisonment from one year to five years.

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

(3) Where these acts are committed on an information system belonging to a bank or credit institution or to a public institution or body, the penalty to be imposed shall be increased by one half.

(4) Where the obtaining by the person of an unjust benefit for himself or for another through the commission of the acts defined in the above paragraphs does not constitute another offence, imprisonment from two years to six years and a judicial fine of up to five thousand days shall be imposed.

Article 245Misuse of bank or credit cards

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Amended: 29/6/2005, Law No. 5377, Art. 27

(1) Any person who, by whatever means, seizes or holds a bank or credit card belonging to another and, without the consent of the cardholder or of the person to whom the card is to be delivered, obtains a benefit for himself or for another by using it or causing it to be used, shall be punished with imprisonment from three years to six years and a judicial fine of up to five thousand days.

(2) Any person who produces, sells, transfers, purchases or accepts a counterfeit bank or credit card linked to bank accounts belonging to others shall be punished with imprisonment from three years to seven years and a judicial fine of up to ten thousand days.

(3) Any person who obtains a benefit for himself or for another by using a bank or credit card that has been counterfeited or falsified shall, provided that the act does not constitute another offence requiring a heavier penalty, be punished with imprisonment from four years to eight years and a judicial fine of up to five thousand days.

(4) Where the offence set out in paragraph 1 is committed to the detriment of:

a) One of the spouses in respect of whom no decision of separation has been rendered,

b) An ascendant or descendant, or a relative by marriage in the same degree, or an adoptive parent or adopted child,

c) One of the siblings living together in the same dwelling,

no penalty shall be imposed on the relative concerned.

(5) Added: 6/12/2006, Law No. 5560, Art. 11 In respect of acts falling within the scope of paragraph 1, the provisions of this Code on effective repentance relating to offences against property shall apply.

Article 245/AProhibited devices or programs

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Added: 24/3/2016, Law No. 6698, Art. 30

(1) Where a device, computer program, password or other security code is made or created exclusively for the commission of the offences in this Chapter and of other offences that may be committed by using information systems as a means, any 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 year to three years and a judicial fine of up to five thousand days.

Article 246Application of security measures to legal persons

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(1) Security measures specific to legal persons shall be imposed on legal persons for whose benefit an unjust advantage has been obtained through the commission of the offences in this chapter.

Part Four: Offences against the Nation and the State, and Final Provisions

Chapter One: Offences against the Reliability and Functioning of Public Administration

Article 247Embezzlement

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(1) A public official who misappropriates, for himself or for another, property the possession of which has been transferred to him by reason of his duty or which he is obliged to protect and supervise, shall be punished with imprisonment from five years to twelve years.

(2) Where the offence is committed through fraudulent conduct aimed at ensuring that the embezzlement is not uncovered, the penalty to be imposed shall be increased by one half.

(3) Where the offence of embezzlement is committed with the intention of returning the property after using it temporarily, the penalty to be imposed may be reduced by up to one half.

Article 248Effective repentance

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(1) Where, before an investigation commences, the embezzled property is returned in kind or the damage incurred is fully compensated, the penalty to be imposed shall be reduced by two thirds.

(2) Where, before a prosecution commences, the embezzled property is voluntarily returned in kind or the damage incurred is fully compensated, the penalty to be imposed shall be reduced by one half. Where effective repentance occurs before judgment, the penalty to be imposed shall be reduced by one third.

Article 249Circumstance requiring a lesser penalty

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(1) Owing to the low value of the property forming the subject of the offence of embezzlement, the penalty to be imposed shall be reduced by one third to one half.

Article 250Extortion

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(1) Amended: 2/7/2012, Law No. 6352, Art. 86 A public official who, by abusing the influence conferred by his duty, compels a person to provide a benefit to him or to another or to make a promise to that effect shall be punished with imprisonment from five years to ten years. Where a person, in the face of the unjust attitude and conduct of the public official, feels compelled, out of concern that his rightful matter will not be dealt with properly, at all, or at least in due time, and provides a benefit to the public official or to a person designated by the public official, the existence of compulsion shall be accepted.

(2) A public official who, through fraudulent conduct carried out by abusing the trust conferred by his duty, persuades a person to provide a benefit to him or to another or to make a promise to that effect shall be punished with imprisonment from three years to five years.

(3) Where the offence defined in paragraph 2 is committed by taking advantage of the person's mistake, imprisonment from one year to three years shall be imposed.

(4) Added: 2/7/2012, Law No. 6352, Art. 86 Taking into account the value of the benefit extorted and the economic situation of the victim, the penalty to be imposed under the above paragraphs may be reduced by up to one half.

Article 251Neglect of the duty of supervision

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(1) A public official charged with supervision who intentionally overlooks the commission of the offence of embezzlement or extortion shall be held liable as a joint offender of the offence committed.

(2) A public official who, by neglecting his duty of supervision, makes possible the commission of the offence of embezzlement or extortion shall be punished with imprisonment from three months to three years.

Article 252Bribery

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Amended: 2/7/2012, Law No. 6352, Art. 87

(1) Any person who, directly or through intermediaries, provides a benefit to a public official or to another person designated by him, in order that the official perform or refrain from performing an act relating to the execution of his duty, shall be punished with imprisonment from four years to twelve years.

(2) A public official who, directly or through intermediaries, obtains a benefit for himself or for another person designated by him, in order to perform or refrain from performing an act relating to the execution of his duty, shall likewise be punished with the penalty specified in paragraph 1.

(3) Where an agreement on the bribe is reached, the penalty shall be imposed as if the offence had been completed.

(4) Where a public official requests a bribe but this is not accepted by the person, or where a person offers or promises to provide a benefit to a public official but this is not accepted by the public official, the penalty to be imposed on the offender under paragraphs 1 and 2 shall be reduced by one half.

(5) Any person who acts as an intermediary in conveying the offer or request of a bribe to the other party, in reaching a bribery agreement, or in providing the bribe shall be punished as a joint offender, irrespective of whether he holds the capacity of a public official.

(6) A third person to whom a benefit is indirectly provided in the bribery relationship, or the authorised representative of a legal person who accepts the benefit, shall be punished as a joint offender, irrespective of whether he holds the capacity of a public official.

(7) Where the person who receives or requests a bribe, or who reaches an agreement to that effect, is a person exercising judicial functions, an arbitrator, an expert witness, a notary or a sworn financial advisor, the penalty to be imposed shall be increased by one third to one half.

(8) The provisions of this article shall also apply where, to persons acting on behalf of:

a) Professional organisations having the status of public institutions,

b) Companies established with the participation of public institutions or bodies or of professional organisations having the status of public institutions,

c) Foundations operating within public institutions or bodies or within professional organisations having the status of public institutions,

d) Associations working for the public benefit,

e) Cooperatives,

f) Publicly held joint-stock companies,

irrespective of whether they hold the capacity of a public official, a benefit is provided, offered or promised, directly or through intermediaries, in order that an act relating to the performance of their duties be performed or not performed; where such benefit is requested or accepted by these persons; where intermediation is provided therein; or where a benefit is provided to another by reason of this relationship.

(9) The provisions of this article shall also apply where, to:

a) Public officials elected or appointed in a foreign State,

b) Judges, jury members or other officials serving in international or supranational courts or in courts of foreign States,

c) Members of international or supranational parliaments,

d) Persons carrying out a public activity for a foreign country, including public institutions or public enterprises,

e) Citizen or foreign arbitrators appointed within the framework of an arbitration procedure resorted to for the resolution of a legal dispute,

f) Officials or representatives of international or supranational organisations established on the basis of an international agreement,

a benefit is provided, offered or promised, directly or through intermediaries, or is requested or accepted by them, in order that an act relating to the performance of their duties be performed or not performed, or in order to obtain or retain business or an unjust advantage in connection with international commercial transactions.

(10) Where the offence of bribery falling within the scope of paragraph 9, although committed abroad by a foreigner, is committed in connection with a dispute to which:

a) Türkiye,

b) A public institution in Türkiye,

c) A private law legal person established under Turkish laws,

d) A Turkish citizen,

is a party, or in order that a transaction concerning these institutions or persons be performed or not performed, an investigation and prosecution shall be conducted ex officio, provided that they are present in Türkiye, against the persons who give, offer or promise the bribe; who receive or request the bribe or accept the offer or promise thereof; who act as intermediaries therein; and to whom a benefit is provided by reason of the bribery relationship.

Article 253Application of security measures to legal persons

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(1) Security measures specific to legal persons shall be imposed on legal persons for whose benefit an unjust advantage has been obtained through the commission of the offence of bribery.

Article 254Effective repentance

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(1) Amended: 2/7/2012, Law No. 6352, Art. 88 Where the person who has received a bribe surrenders the object of the bribe in kind to the authorities competent to investigate before the matter becomes known to the official authorities, no penalty shall be imposed on him for the offence of bribery. Likewise, where a public official who has agreed with another person to receive a bribe reports the matter to the competent authorities before it becomes known to the official authorities, no penalty shall be imposed on him for this offence.

(2) Amended: 2/7/2012, Law No. 6352, Art. 88 Where the person who gives a bribe or reaches an agreement to that effect with a public official, out of remorse, informs the competent authorities of the matter before it becomes known to the official authorities, no penalty shall be imposed on him for the offence of bribery.

(3) Amended: 2/7/2012, Law No. 6352, Art. 88 Where other persons participating in the offence of bribery, out of remorse, inform the competent authorities of the matter before it becomes known to the official authorities, no penalty shall be imposed on them for this offence.

(4) Added: 26/6/2009, Law No. 5918, Art. 4 The provisions of this article shall not apply to persons who give bribes to foreign public officials.

Article 255Trading in influence

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Amended: 2/7/2012, Law No. 6352, Art. 89

(1) Any person who, on the claim of having influence over a public official, directly or through intermediaries, obtains a benefit for himself or for another in return for making an attempt to have an unjust matter carried out shall be punished with imprisonment from two years to five years and a judicial fine of up to five thousand days. Where the person is a public official, the penalty of imprisonment to be imposed shall be increased by one half. A person who provides a benefit in return for having his matter carried out or in the expectation that it will be carried out shall be punished with imprisonment from one year to three years.

(2) Even where an agreement is reached on the provision of the benefit, the penalty shall be imposed as if the offence had been completed.

(3) Where a benefit is requested for the purpose specified in paragraph 1 but this is not accepted, or where a benefit is offered or promised but this is not accepted, the penalty to be imposed under paragraph 1 shall be reduced by one half.

(4) Any person who acts as an intermediary in the offence of trading in influence shall be punished, as a joint offender, with the penalty specified in paragraph 1.

(5) A third natural person to whom a benefit is indirectly provided in the trading in influence relationship, or the authorised representatives of a legal person who accept the benefit, shall be punished, as joint offenders, with the penalty specified in paragraph 1.

(6) Where the making of an attempt to have the matter carried out constitutes a separate offence, the persons shall additionally be punished for that offence.

(7) The provisions of this article shall also apply where trading in influence is carried out in respect of the persons listed in paragraph 9 of Article 252. An investigation and prosecution shall be conducted ex officio against these persons, provided that they are present in Türkiye, irrespective of whether they are citizens or foreigners.

Article 256Exceeding the limits of the authority to use force

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(1) Where a public official authorised to use force uses force against persons, while performing his duty, beyond the extent required by his duty, the provisions on the offence of intentional injury shall apply.

Article 257Abuse of office

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(1) Apart from the cases separately defined as offences by law, a public official who, by acting contrary to the requirements of his duty, causes persons to suffer harm or causes damage to the public, or provides an unjust benefit to persons, shall be punished with imprisonment from six months to two years.

(2) Apart from the cases separately defined as offences by law, a public official who, by showing negligence or delay in performing the requirements of his duty, causes persons to suffer harm or causes damage to the public, or provides an unjust benefit to persons, shall be punished with imprisonment from three months to one year.

(3) Repealed: 2/7/2012, Law No. 6352, Art. 105

Article 258Disclosure of official secrets

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(1) A public official who discloses or publishes documents, decisions, orders and other communications which have been given to him by reason of his duty, or which have come to his knowledge for the same reason, and which must remain secret, or who facilitates, by whatever means, their coming to the knowledge of others, shall be sentenced to imprisonment from one year to four years.

(2) The same penalty shall also be imposed on a person who commits the acts set out in paragraph 1 after his capacity as a public official has ended.

Article 259Trading by a public official

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(1) A public official who, taking advantage of the influence conferred by the duty he performs, seeks to sell goods or services to another person shall be punished with imprisonment of up to six months or a judicial fine.

Article 260Abandonment or non-performance of public duty

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(1) Public officials who, unlawfully and collectively, abandon their duties, fail to attend their duties, or, even temporarily, fail to perform their duties in part or in whole or slow them down, shall each be sentenced to imprisonment from three months to one year. Where the number of public officials does not exceed three, no penalty shall be imposed.

(2) Where public officials, in connection with their professional and social rights, stop work or slow down temporarily and for a short period in a manner that does not disrupt the service, the penalty to be imposed may be reduced, or no penalty may be imposed at all.

Article 261Irregular disposal of the property of persons

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(1) A public official who, knowing that it is contrary to the conditions laid down in the relevant laws, forcibly disposes of the movable or immovable property of persons, even against payment of compensation, shall, provided that the act does not constitute an offence requiring a heavier penalty, be punished with imprisonment from six months to two years.

Article 262Irregular assumption of public duty

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(1) A person who attempts to perform a public duty in breach of laws and regulations, or who continues to perform the duty even though an order to leave it has been notified to him, shall be sentenced to imprisonment from three months to two years.

Article 264Irregular use of special insignia and uniforms

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(1) A person who, without authority, publicly wears the official uniform of a rank, public office or profession in a manner misleading 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) Where an offence is committed by taking advantage of the convenience and opportunities afforded by the uniform, the penalties specified in the above paragraph shall be imposed, increased by one third, solely on account of this act.

Article 265Resistance to prevent the performance of duty

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(1) Any person who uses force or threat against a public official for the purpose of preventing him from performing his duty shall be punished with imprisonment from six months to three years.

(2) Where the offence is committed against persons exercising judicial functions, imprisonment from two years to four years shall be imposed.

(3) Where the offence is committed by the person disguising himself so as not to be recognised, or jointly by more than one person, the penalty to be imposed shall be increased by one third.

(4) Where the offence is committed with a weapon or by taking advantage of the intimidating power created by existing or presumed criminal organisations, the penalty to be imposed under the above paragraphs shall be increased by one half.

(5) Where, during the commission of this offence, the aggravated forms of the offence of intentional injury by reason of its consequences materialise, the provisions on the offence of intentional injury shall additionally apply.

Article 266Use of tools and equipment pertaining to public duty in an offence

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(1) Where a public official uses tools and equipment held by him by virtue of his duty during the commission of an offence, the penalty to be imposed on him shall be increased by one third, provided that the capacity of public official has not already been taken into account in the definition of the relevant offence.

Chapter Two: Offences against the Administration of Justice

Article 267False accusation

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(1) Any person who, by making a denunciation or complaint to the competent authorities or through the press and broadcasting, imputes an unlawful act to a person whom he knows did not commit it, in order to cause an investigation and prosecution to be initiated against that person or an administrative sanction to be imposed on him, shall be punished with imprisonment from one year to four years.

(2) Where the false accusation is made by fabricating material traces and evidence of the act, the penalty shall be increased by one half.

(3) Where, on account of this act, a protective measure other than custody and pre-trial detention has been applied to the detriment of the victim, in respect of whom a decision of acquittal or a decision of non-prosecution has been rendered on the ground that he did not commit the imputed act, the penalty to be imposed under the above paragraphs shall be increased by one half.

(4) Where the victim, in respect of whom a decision of acquittal or a decision of non-prosecution has been rendered on the ground that he did not commit the imputed act, has been taken into custody or placed in pre-trial detention on account of this act, the false accuser shall additionally be held liable as an indirect offender under the provisions on the offence of deprivation of liberty.

(5) Where the victim has been convicted to aggravated life imprisonment or life imprisonment, imprisonment from twenty years to thirty years; (…) shall be imposed.

(6) Where the execution of the imprisonment to which the victim has been convicted has commenced, the penalty to be imposed under paragraph 5 shall be increased by one half.

(7) Annulled by Constitutional Court decision of 17/11/2011, E. 2010/115, K. 2011/154

(8) The limitation period for prosecution in respect of the offence of false accusation shall begin from the date on which it is established that the victim did not commit the act.

(9) A judgment of conviction rendered for the offence of false accusation committed through the press and broadcasting shall be announced through the same or an equivalent press and broadcasting organ. The cost of the announcement shall be collected from the convict.

Article 268Use of the identity or identity information of another

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(1) Any person who uses the identity or identity information of another for the purpose of preventing an investigation and prosecution from being conducted against him on account of an offence he has committed shall be punished under the provisions on the offence of false accusation.

Article 269Effective repentance

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(1) Where the person who has committed slander retracts the slander before an administrative or judicial investigation is initiated against the victim, the penalty to be imposed on him or her for the offence of slander shall be reduced by four-fifths.

(2) Where the slander is retracted before a prosecution is initiated against the victim, the penalty to be imposed for the offence of slander shall be reduced by three-quarters.

(3) Where the effective repentance occurs;

a) before judgment is rendered against the victim, two-thirds of the penalty to be imposed,

b) after the conviction of the victim, one-half of the penalty to be imposed,

c) after the execution of the penalty imposed has commenced, one-third of the penalty to be imposed,

may be reduced.

(4) On account of an act forming the subject of the slander which exclusively requires the application of an administrative sanction;

a) where effective repentance is shown before a decision on the administrative sanction is made, one-half of the penalty to be imposed,

b) where effective repentance is shown after the administrative sanction has been applied, one-third of the penalty to be imposed,

may be reduced.

(5) Amended: 29/6/2005, Law No. 5377, Art. 31 In order to benefit from the provisions on effective repentance in respect of slander committed through the press and broadcasting, the retraction must be published by the same method.

Article 270Taking the blame for an offence

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(1) A person who, contrary to the truth, notifies the competent authorities that he or she has committed an offence or participated in an offence shall be sentenced to imprisonment for a term of up to two years. Where this offence is committed for the purpose of saving a direct ascendant, direct descendant, spouse or sibling from punishment, the penalty to be imposed may be reduced by three-quarters or may be lifted entirely.

Article 271Fabricating an offence

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(1) A person who reports to the competent authorities an offence which he or she knows has not been committed as if it had been committed, or who fabricates evidence or indications of an offence that has not been committed in a manner that will cause an investigation to be conducted, shall be sentenced to imprisonment for a term of up to three years.

Article 272False testimony

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(1) A person who gives testimony contrary to the truth before a person or body authorised to hear witnesses within the scope of an investigation initiated on account of an unlawful act shall be sentenced to imprisonment for a term of four months to one year.

(2) A person who gives testimony contrary to the truth before a court, or before a person or body legally authorised to hear witnesses under oath, shall be sentenced to imprisonment for a term of one to three years.

(3) A person who gives false testimony within the scope of the investigation or prosecution of an offence requiring imprisonment of more than three years shall be sentenced to imprisonment for a term of two to four years.

(4) Where a protective measure other than taking into custody and pre-trial detention has been applied in respect of the person against whom testimony was given, the penalty to be imposed under the above paragraphs shall be increased by one-half, provided that a decision of acquittal or a decision of non-prosecution has been rendered in respect of that person on the ground that he or she did not commit the imputed act.

(5) Where the person against whom testimony was given has been taken into custody or placed in pre-trial detention, provided that a decision of acquittal or a decision of non-prosecution has been rendered in respect of that person on the ground that he or she did not commit the imputed act, the person who gave false testimony shall additionally be held liable as an indirect perpetrator in accordance with the provisions on the offence of deprivation of liberty.

(6) Where the person against whom testimony was given is sentenced to aggravated life imprisonment or life imprisonment, a penalty of imprisonment for a term of twenty to thirty years; (…) shall be imposed.

(7) Where the execution of the sentence of imprisonment imposed on the person against whom testimony was given has commenced, the penalty to be imposed under paragraph 6 shall be increased by one-half.

(8) Where a judicial or administrative sanction other than imprisonment has been applied to the person against whom testimony was given, the person who gave false testimony shall be punished with imprisonment for a term of three to seven years.

Article 273Grounds for personal impunity or for reduction of the penalty

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(1) Where a person;

a) gives false testimony in relation to a matter that could cause him or her, or his or her direct ascendant, direct descendant, spouse or sibling, to be subjected to investigation and prosecution,

b) despite having the right to refrain from testifying, gives testimony contrary to the truth without having been reminded of that right,

the penalty to be imposed may be reduced, or the imposition of a penalty may be dispensed with.

(2) The provision of paragraph 1 shall not apply to cases of false testimony given within the scope of private law disputes.

Article 274Effective repentance

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(1) Where the truth is told before a decision of a nature resulting in a restriction or deprivation of a right has been rendered, or before judgment, in respect of the person against whom testimony was given, no penalty shall be imposed.

(2) Where the truth is told after a decision of a nature resulting in a restriction or deprivation of a right has been rendered, but before judgment, in respect of the person against whom testimony was given, the penalty to be imposed may be reduced by two-thirds to one-half.

(3) Where the truth is told before the conviction rendered against the person against whom testimony was given becomes final, the penalty to be imposed may be reduced by one-half to one-third.

Article 275False oath

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(1) A claimant or defendant who swears a false oath in civil actions shall be sentenced to imprisonment for a term of one to five years.

(2) Where the truth is told before judgment is rendered in the action, no penalty shall be imposed.

(3) Where the truth is told before the judgment is put into enforcement or becomes final, the penalty to be imposed shall be reduced by one-half.

Article 276False expert opinion or interpretation

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(1) Where an expert appointed by judicial authorities, or by a person or body legally authorised to conduct an investigation in respect of an offence or to hear witnesses under oath, gives an opinion contrary to the truth, a penalty of imprisonment for a term of three to seven years shall be imposed.

(2) Where an interpreter appointed by the persons or bodies specified in paragraph 1 translates statements or documents contrary to the truth, the provision of paragraph 1 shall apply.

Article 277Attempting to influence a person performing a judicial function, an expert or a witness

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Amended: 2/7/2012, Law No. 6352, Art. 90

(1) A person who, in a pending action, (…) for the purpose of preventing the truth from coming to light or of creating an injustice, attempts to unlawfully influence a person performing a judicial function, an expert or a witness so that he or she renders a decision, performs an act or makes a statement that will produce a result in favour of or against one of the parties to the action, (…) the accused, the intervening party or the victim, shall be punished with imprisonment for a term of two to four years. Added sentence: 18/6/2014, Law No. 6545, Art. 69 Where the attempt does not exceed the degree of favouritism (iltimas), the penalty to be imposed shall be six months to two years.

(2) Where the act constituting the offence in paragraph 1 also constitutes another offence, the penalty to be imposed under the provisions on notional concurrence of offences shall be increased by up to one-half.

Article 278Failure to report an offence

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Annulled by Constitutional Court decision of 30/6/2011, E. 2010/52, K. 2011/113; Amended: 2/7/2012, Law No. 6352, Art. 91

(1) A person who fails to report to the competent authorities an offence that is being committed shall be punished with imprisonment for a term of up to one year.

(2) A person who fails to report to the competent authorities an offence which, although already committed, is one whose resulting consequences can still be limited, shall be punished in accordance with the provision of the preceding paragraph.

(3) Where the victim is a child who has not completed the age of fifteen, a person with a physical or mental disability, or a person who is unable to defend himself or herself due to pregnancy, the penalty to be imposed under the above paragraphs shall be increased by one-half.

(4) No penalty shall be imposed in respect of persons who are entitled to refrain from testifying. However, the provisions on criminal liability arising from the existence of an obligation to prevent the offence are reserved.

Article 279Failure of a public officer to report an offence

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(1) A public officer who, having learned in connection with his or her duty that an offence requiring investigation and prosecution on behalf of the public has been committed, neglects to notify the competent authorities or delays in doing so shall be punished with imprisonment for a term of six months to two years.

(2) Where the offence is committed by a person performing judicial law enforcement duties, the penalty to be imposed under the above paragraph shall be increased by one-half.

Article 280Failure of members of health professions to report an offence

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(1) A member of a health profession who, despite encountering an indication that an offence has been committed while performing his or her duty, fails to notify the competent authorities of the situation or delays in doing so shall be punished with imprisonment for a term of up to one year.

(2) The term 'member of a health profession' means physicians, dentists, pharmacists, midwives, nurses and other persons providing health services.

Article 281Destroying, concealing or altering evidence of an offence

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(1) A person who destroys, deletes, conceals, alters or corrupts the evidence of an offence for the purpose of preventing the truth from coming to light shall be punished with imprisonment for a term of six months to five years. No penalty shall be imposed on a person under this paragraph in relation to an offence that he or she committed or in whose commission he or she participated.

(2) Where this offence is committed by a public officer in connection with his or her duty, the penalty to be imposed shall be increased by one-half.

(3) The penalty to be imposed for the offence defined in this article on a person who delivers the concealed evidence to the court before judgment is rendered in respect of the offence to which the evidence relates shall be reduced by four-fifths.

Article 282Laundering of asset values derived from an offence

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(1) Amended: 26/6/2009, Law No. 5918, Art. 5 A person who transfers abroad asset values derived from an offence whose lower limit requires a penalty of imprisonment of six months or more, or who subjects them to various transactions for the purpose of concealing their illegitimate source or of creating the impression that they were acquired by legitimate means, shall be punished with imprisonment for a term of three to seven years and a judicial fine of up to twenty thousand days.

(2) Added: 26/6/2009, Law No. 5918, Art. 5 A person who, without participating in the commission of the offence in paragraph 1, purchases, accepts, possesses or uses an asset value forming the subject of that offence while knowing this characteristic shall be punished with imprisonment for a term of two to five years.

(3) Where this offence is committed by a public officer, or by a person exercising a particular profession in the course of practising that profession, the penalty of imprisonment to be imposed shall be increased by one-half.

(4) Where this offence is committed within the framework of the activities of an organisation established to commit offences, the penalty to be imposed shall be doubled.

(5) Security measures specific to legal persons shall be imposed on them on account of the commission of this offence.

(6) No penalty shall be imposed for the offence defined in this article on a person who, before a prosecution is initiated on account of this offence, enables the seizure of the asset values forming the subject of the offence or facilitates their seizure by informing the competent authorities of their location.

Article 283Harbouring an offender

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(1) A person who provides an offender with the means of escaping investigation, apprehension, pre-trial detention or the execution of a judgment shall be punished with imprisonment for a term of six months to five years.

(2) Where this offence is committed by a public officer in connection with his or her duty, the penalty to be imposed shall be increased by one-half.

(3) Where this offence is committed by a direct ascendant, direct descendant, spouse, sibling or other accomplice, no penalty shall be imposed.

Article 284Failure to report a detainee, a convict or evidence of an offence

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(1) A person who, while knowing the whereabouts of a person in respect of whom a pre-trial detention order has been issued or of a convict, fails to notify the competent authorities shall be punished with imprisonment for a term of up to one year.

(2) A person who, while knowing the place where evidence and traces of a committed offence are hidden by others, fails to notify the competent authorities shall be punished in accordance with the provision of the preceding paragraph.

(3) Where these offences are committed by a public officer in connection with his or her duty, the penalty to be imposed shall be increased by one-half.

(4) Where these offences are committed by a direct ascendant, direct descendant, spouse or sibling, no penalty shall be imposed.

Article 285Violation of confidentiality

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(1) Amended: 2/7/2012, Law No. 6352, Art. 92

(1) A person who publicly violates the confidentiality of an investigation shall be punished with imprisonment for a term of one to three years or a judicial fine. For this offence to be constituted;

a) the violation of the right to benefit from the presumption of innocence, of the confidentiality of communication or of the privacy of private life through the disclosure of the content of an act performed during the investigation stage,

b) the disclosure made concerning the content of the act performed during the investigation stage being capable of preventing the material truth from coming to light,

are required.

(2) A person who violates the confidentiality of decisions taken during the investigation stage which must be kept confidential from the persons who are parties to the investigation, and of the acts performed pursuant to such decisions, shall be punished with imprisonment for a term of one to three years or a judicial fine.

(3) A person who publicly violates the confidentiality of statements or images in a hearing which must be held in camera by law or which has been ordered to be held in camera shall be punished in accordance with the provision of paragraph 1. However, for this offence to be constituted, publicity is not required to have occurred as regards a breach of a confidentiality order issued for the protection of a witness.

(4) Where the offences defined in the above paragraphs are committed by a public officer by taking advantage of the facility provided by his or her duty, the penalty shall be increased by up to one-half.

(5) Where images of persons are published during the investigation and prosecution stages in a manner that will cause them to be perceived as offenders, a penalty of imprisonment for a term of six months to two years shall be imposed.

(6) Making investigation and prosecution acts the subject of news reports without exceeding the limits of news reporting shall not constitute an offence.

Article 286Recording of sounds or images

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(1) A person who, without authorisation, records or transmits sounds or images during investigation and prosecution acts shall be punished with imprisonment for a term of up to six months.

Article 287Genital examination

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(1) An offender who, without a decision of a competent judge or prosecutor, sends a person for a genital examination or performs such examination shall be sentenced to imprisonment for a term of three months to one year.

(2) The provision of the above paragraph shall not apply in respect of examinations performed in accordance with the provisions laid down in laws and regulations for the purpose of protecting public health on account of contagious diseases.

Article 288Attempting to influence a fair trial

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Amended: 2/7/2012, Law No. 6352, Art. 93

(1) A person who, in a pending action or an ongoing investigation, publicly makes an oral or written statement for the purpose of unlawfully influencing a person performing a judicial function, an expert or a witness so that he or she renders an unlawful decision, performs an unlawful act or makes a statement contrary to the truth, shall be punished with a judicial fine of not less than fifty days.

Article 289Abuse of the duty of safekeeping

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(1) A person who disposes, for a purpose other than that of the delivery, of property which is pledged, attached or seized for any reason and which has been officially delivered to him or her for safekeeping shall be punished with imprisonment for a term of three months to two years and a judicial fine of up to three thousand days. Where the person is the owner of that property, the penalty to be imposed shall be reduced by one-half.

(2) The penalties to be imposed on a person who returns the goods forming the subject of the offence defined in paragraph 1 before a prosecution is initiated, or, where this is not possible, pays their value, shall be reduced by four-fifths.

(3) A person who, by acting contrary to the duty of attention and care, causes the loss or deterioration of property which is pledged, attached or seized for any reason and which has been officially delivered to him or her for safekeeping shall be punished with a judicial fine.

(4) A person who uses goods seized within the scope of an investigation or prosecution relating to an offence for a purpose other than their intended purpose shall be punished with imprisonment for a term of up to one year.

Article 290Seizure and destruction of officially delivered property

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(1) A person who again seizes immovable property delivered to the right holders by judgment shall be sentenced to imprisonment for a term of three months to one year.

(2) Where movable property which is pledged, attached or seized for any reason and which has been officially delivered to another person for safekeeping is taken from that person's possession without his or her consent, the provisions on the offence of theft shall apply; where it is taken by force, the provisions on robbery; where it is taken by deceit, the provisions on fraud; and where it is destroyed, the provisions on the offence of damage to property. Where the person is the owner of that property, the penalty to be imposed shall be reduced by one-half to three-quarters.

Article 291Entering a penal institution or remand prison in place of another

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(1) A person who enters a penal institution or a remand prison by substituting himself or herself for a convict or a detainee shall be sentenced to imprisonment for a term of six months to two years.

Article 292Escape of a convict or detainee

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(1) A detainee or convict who escapes from a remand prison, a penal institution or the hands of the officers under whose supervision he or she is held shall be sentenced to imprisonment for a term of six months to one year.

(2) Where this offence is committed by use of force or threat, a penalty of imprisonment for a term of one to three years shall be imposed.

(3) Where this offence is committed while armed, or jointly by more than one detainee or convict, the penalty to be imposed under the above paragraphs shall be increased by up to one-fold.

(4) Where, in the course of the commission of this offence, the forms of the offence of intentional injury aggravated on account of its consequences or the offence of intentional killing occur, or damage is caused to property, a penalty shall additionally be imposed in accordance with the provisions relating to those offences.

(5) The provisions of this article shall also apply to convicts employed outside the penal institution and to persons whose judicial fine has been converted into imprisonment.

(6) Repealed: 29/6/2005, Law No. 5377, Art. 33

Article 293Effective repentance

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(1) Where a (...) detainee or convict, after escaping, voluntarily surrenders by showing effective repentance, the penalty to be imposed shall be reduced by five-sixths to one-sixth, taking into account the period elapsed from the day of escape until the day on which the surrender takes place. However, where the period of escape exceeds six months, no reduction shall be made in the penalty.

Article 294Enabling escape

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(1) A person who enables a person taken into custody or a detainee to escape shall be punished with imprisonment for a term of one to three years.

(2) A person who enables a convict to escape shall be punished with imprisonment for a term of two to five years, according to the length of the sentence of imprisonment to be served. However, where the convict's sentence is;

a) life imprisonment, a penalty of imprisonment for a term of five to eight years,

b) aggravated life imprisonment, a penalty of imprisonment for a term of eight to twelve years,

shall be imposed.

(3) Where these offences are committed by use of force or threat, the penalty to be imposed shall be increased by one-third.

(4) Where the number of persons enabled to escape is more than one, the penalty to be imposed shall be increased by one-third to one-fold, taking this number into account.

(5) Where these offences are committed by persons charged with the guarding or transfer of a person taken into custody, a detainee or a convict, the penalty to be imposed shall be increased by one-third.

(6) Where these offences are committed by a direct ascendant, direct descendant, spouse or sibling, the penalty to be imposed shall be reduced by one-third.

(7) Where, in the course of the commission of these offences, the forms of the offence of intentional injury aggravated on account of its consequences or the offence of intentional killing occur, or damage is caused to property, a penalty shall additionally be imposed in accordance with the provisions relating to those offences.

(8) Where a person taken into custody, a detainee or a convict escapes by taking advantage of the conduct of the person charged with his or her guarding or transfer contrary to the duty of attention and care, a penalty of imprisonment for a term of six months to three years shall be imposed.

Article 295Abuse of duty by a guard

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(1) Where persons charged with the guarding or transfer of a person taken into custody, a detainee or a convict act contrary to the requirements of their duty, the provisions on the offence of misconduct in office shall apply.

(2) A person charged with guarding or transfer who, contrary to the requirements of his or her duty, permits a person taken into custody, a detainee or a convict to leave the place where he or she is held for a temporary period shall be punished with imprisonment for a term of six months to two years.

(3) Where the person taken into custody, the detainee or the convict escapes by taking advantage of this opportunity, the provisions on the offence of intentionally enabling escape shall apply.

Article 296Riot of convicts or detainees

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(1) Where convicts or detainees riot collectively, each of them shall be sentenced to imprisonment for a term of six months to three years. Where the number of convicts or detainees does not exceed three, no penalty shall be imposed for this offence.

(2) Where other offences are committed during the riot, a penalty shall additionally be imposed in accordance with the provisions relating to those offences.

Article 297Bringing prohibited items into a penal institution or remand prison

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(1) Any person who brings into or keeps in a penal institution or remand prison any weapon, narcotic or stimulant substance, or electronic communication device shall be punished with imprisonment from two to five years. Where the procurement or possession of the item constituting the subject of this offence constitutes a separate offence, the penalty to be determined according to the provisions on notional concurrence of offences shall be increased by one half.

(2) Annulled by Constitutional Court decision of 7/7/2011, E. 2010/69, K. 2011/116; Re-enacted: 24/11/2016, Law No. 6763, Art. 20 Any person who brings into a penal institution or remand prison, or keeps or uses therein, the following items falling outside the scope of paragraph 1:

a) Any tools and materials of any kind facilitating escape,

b) Any means of attack and defence of any kind and materials capable of starting a fire,

c) Any beverages of any kind containing alcohol,

d) Items and materials enabling gambling,

e) Without prejudice to the offences defined in Article 188, medicines subject to green prescription,

f) Except for those taken for examination by the institution administration, publications, posters, banners, pictures, symbols, signs, documents and similar materials prohibited by the courts or representing criminal organisations, and organisational communication devices,

g) Except for those permitted by the competent authorities, devices capable of recording sound and images,

shall be punished with imprisonment from one to three years.

(3) Where the offences defined in paragraphs 1 and 2 are committed by persons charged with the custody of convicts or detainees, the penalty to be imposed shall be doubled.

(4) Where a convict or detainee who keeps on his person or uses an item constituting the subject of the offences defined in paragraphs 1 and 2 provides information as to from whom and in what manner he obtained it, the penalty to be imposed shall be reduced by one half.

Article 298Preventing the exercise of rights and nourishment

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(1) Persons who, in any manner whatsoever, prevent convicts and detainees held in penal institutions and remand prisons from communicating, meeting with their visitors, participating in education and sports, vocational training and workshop activities and other social and cultural activities within the framework of rehabilitation and education programmes, being examined and treated by the institution physician, appointing defence counsel or a lawyer, meeting with them, attending courts or Chief Public Prosecutor's Offices, or meeting with institution staff, or prevent those released from leaving the institution; persons who incite convicts and detainees to such acts; persons who give instructions to that effect; and persons who prevent any other kind of meeting and contact opportunity granted to convicts and detainees by legislation, shall be punished with imprisonment from one to three years.

(2) Persons who prevent convicts and detainees from taking nourishment shall be sentenced to imprisonment from two to four years. Inciting or persuading convicts and detainees to go on hunger strike or death fast, or giving them instructions to that effect, shall also be deemed to be prevention of nourishment.

(3) Where, as a result of the prevention of nourishment, one of the aggravated consequences of the offence of intentional injury or death occurs, a penalty shall additionally be imposed in accordance with the provisions on the offences of intentional injury or intentional killing.

Chapter Three: Offences against the Symbols of Sovereignty of the State and the Dignity of its Organs

Article 299Insulting the President of the Republic

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(1) Any person who insults the President of the Republic shall be punished with imprisonment from one to four years.

(2) Amended: 29/6/2005, Law No. 5377, Art. 35 Where the offence is committed publicly, the penalty to be imposed shall be increased by one sixth.

(3) Prosecution for this offence shall be subject to the permission of the Minister of Justice.

Article 300Degrading the symbols of sovereignty of the State

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(1) Any person who publicly degrades the Turkish Flag by tearing, burning or in any other manner shall be punished with imprisonment from one to three years. This provision shall apply to any sign bearing the characteristics of the red flag with the white crescent and star determined in the Constitution and used as a symbol of sovereignty of the State of the Republic of Türkiye.

(2) Any person who publicly degrades the National Anthem (İstiklal Marşı) shall be punished with imprisonment from six months to two years.

(3) Where the offences defined in this Article are committed by a Turkish citizen in a foreign country, the penalty to be imposed shall be increased by one third.

Article 301Degrading the Turkish Nation, the State of the Republic of Türkiye, and the institutions and organs of the State

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Amended: 30/4/2008, Law No. 5759, Art. 1

(1) Any person who publicly degrades the Turkish Nation, the State of the Republic of Türkiye, the Grand National Assembly of Türkiye, the Government of the Republic of Türkiye or the judicial organs of the State shall be punished with imprisonment from six months to two years.

(2) Any person who publicly degrades the military or security organisation of the State shall be punished in accordance with the provision of paragraph 1.

(3) Expressions of thought made for the purpose of criticism shall not constitute an offence.

(4) Investigation of this offence shall be subject to the permission of the Minister of Justice.

Chapter Four: Offences against the Security of the State

Article 302Destroying the unity of the State and the integrity of the country

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(1) Amended: 29/6/2005, Law No. 5377, Art. 36 Any person who commits an act aimed at placing all or part of the territory of the State under the sovereignty of a foreign state, or at weakening the independence of the State, or at destroying its unity, or at separating part of the territory under the sovereignty of the State from the administration of the State, shall be punished with aggravated life imprisonment.

(2) Where other offences are committed during the commission of this offence, a penalty shall additionally be imposed for those offences in accordance with the relevant provisions.

(3) Security measures specific to legal persons shall be ordered against legal persons on account of the commission of the offences defined in this Article.

Article 303Collaborating with the enemy

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(1) Any citizen who accepts service in the army of a state at war with the State of the Republic of Türkiye, or who engages in armed struggle against the State of the Republic of Türkiye on the side of the enemy state, shall be punished with life imprisonment.

(2) Any citizen who assumes any command duty in the army of the enemy state shall be punished with aggravated life imprisonment.

(3) Where other offences are committed during the commission of the offences defined in paragraphs 1 and 2, a penalty shall additionally be imposed for those offences in accordance with the relevant provisions.

(4) No penalty shall be imposed on this ground on a citizen who, being in the territory of the enemy state in time of war, is compelled to be taken into service in the army of that state.

Article 304Incitement to war against the State

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(1) Any person who incites officials of a foreign state to declare war or to engage in hostile acts against the State of the Republic of Türkiye, or who cooperates with officials of a foreign state to that end, shall be punished with imprisonment from ten to twenty years. Repealed second sentence: 29/6/2005, Law No. 5377, Art. 37

(2) In the application of this Article, the direct or indirect support of organisations formed to commit offences against the security of the State of the Republic of Türkiye shall be deemed a hostile act.

(3) Security measures specific to legal persons shall be ordered against legal persons on account of the commission of the offence defined in this Article.

Article 305Obtaining benefit for activities against fundamental national interests

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(1) Amended paragraph: 29/6/2005, Law No. 5377, Art. 38 A citizen, or a foreigner present in Türkiye, who, for the purpose of committing acts against fundamental national interests or on that account, obtains, directly or indirectly, for himself or for another, a material benefit from foreign persons or organisations 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, Law No. 5377, Art. 38 Where the act is committed during war, the penalty to be imposed shall be increased by one half.

(3) Where the offence is committed other than in a state of war, prosecution on that account shall be subject to the permission of the Minister of Justice.

(4) The term fundamental national interests means independence, territorial integrity, national security and the fundamental characteristics of the Republic set out in the Constitution.

Article 306Raising soldiers against a foreign state

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(1) Any person who, without authority, raises soldiers against a foreign state or engages in other hostile acts in such a manner as to expose the State of Türkiye to the danger of war shall be sentenced to imprisonment from five to twelve years.

(2) Where war ensues as a result of the act, the offender shall be sentenced to life imprisonment.

(3) Where the act is merely of a nature to disrupt political relations with the foreign state or to expose the State of Türkiye or Turkish citizens to the danger of reprisal, the offender shall be sentenced to imprisonment from two to eight years.

(4) Where political relations are severed or reprisal occurs, imprisonment from three to ten years shall be imposed.

(5) Prosecution of the offence set out in this Article shall be subject to the permission of the Minister of Justice.

(6) The provisions of this Article shall not apply to resistance movements for the purpose of legitimate defence against foreign state forces occupying all or part of the territory of the country in a state of actual war.

Article 307Destruction of military installations and agreements in favour of enemy military operations

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(1) Any person who wholly or partly destroys, or renders unusable even if only temporarily, land, sea and air transport vehicles, roads, establishments, depots and other military installations belonging to or placed at the service of the armed forces of the State, even if they have not yet been completed, shall be sentenced to imprisonment from six to twelve years.

(2) Where the offence:

a) Is committed in the interest of a state at war with Türkiye,

b) Has endangered the war preparations, or the war strength and capability, or the military operations of the State,

aggravated life imprisonment shall be imposed.

(3) Where the destruction or rendering unusable has occurred as a result of the negligence of the person holding, or obliged to protect and guard, the building, installation or item specified in paragraph 1, or where the commission of the offence has been facilitated on that account, that person shall be sentenced to imprisonment from one to five years.

(4) Any person who, in time of war and to the detriment of the State of Türkiye, comes to an agreement with a foreigner for the purpose of facilitating enemy military operations or harming the military operations of the State of Türkiye, or who, even in the absence of an agreement, commits acts aimed at producing the same results, shall be sentenced to imprisonment from ten to fifteen years.

(5) Where, as a result of the act defined in paragraph 4, enemy military operations have actually been facilitated or the military operations of the Turkish State have been harmed, the offender shall be sentenced to aggravated life imprisonment.

(6) The same penalty shall also be imposed on the foreigner who comes to an agreement with the person committing the offences set out in paragraphs 4 and 5.

(7) The provisions of this Article shall also apply where the acts set out in the preceding paragraphs are committed in Türkiye to the detriment of a state that has an alliance or partnership for war with the State of Türkiye.

Article 308Material and financial aid to an enemy state

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(1) Any citizen who gives, directly or indirectly, with or without consideration, to a state with which the State of the Republic of Türkiye is at war any kind of item that may be used in war against the State of the Republic of Türkiye shall be punished with imprisonment from five to fifteen years. This provision shall also apply to a foreigner residing in Türkiye.

(2) The same penalty shall be imposed on a citizen, or a foreigner residing in Türkiye, who, in time of war, participates in borrowings made for the benefit of the enemy state or in payments for whatever reason, or facilitates transactions relating thereto.

(3) A citizen, or a foreigner residing in Türkiye, who, other than in the cases set out in paragraph 1, and even if it began before the war, trades directly or indirectly, wherever they may be, with a citizen of the enemy state or with other persons residing in the territory of the enemy state, in a manner detrimental to the State of Türkiye or having 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 where the acts set out in the preceding paragraphs are committed for the benefit of a state that has an alliance or partnership for war with the enemy state.

Chapter Five: Offences against the Constitutional Order and its Functioning

Article 309Violation of the Constitution

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(1) Persons who attempt, by use of force and violence, to abolish the order prescribed by the Constitution of the Republic of Türkiye, or to establish another order in its place, or to prevent the actual implementation of this order, shall be punished with aggravated life imprisonment.

(2) Where other offences are committed during the commission of this offence, a penalty shall additionally be imposed for those offences in accordance with the relevant provisions.

(3) Security measures specific to legal persons shall be ordered against legal persons on account of the commission of the offences defined in this Article.

Article 310Assassination of and physical assault against the President of the Republic

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(1) Any person who makes an assassination attempt against the President of the Republic shall be punished with aggravated life imprisonment. Where this act is attempted, a penalty shall also be imposed as if the offence had been completed.

(2) Where a person commits other physical assaults against the President of the Republic, the penalty for the relevant offence shall be imposed increased by one half. However, the penalty to be imposed in this manner may not be less than five years.

Article 311Offence against the legislative organ

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(1) Persons who attempt, by use of force and violence, to abolish the Grand National Assembly of Türkiye or to prevent the Grand National Assembly of Türkiye from performing its duties wholly or partly shall be punished with aggravated life imprisonment.

(2) Where other offences are committed during the commission of this offence, a penalty shall additionally be imposed for those offences in accordance with the relevant provisions.

Article 312Offence against the Government

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(1) Any person who attempts, by use of force and violence, to abolish the Government of the Republic of Türkiye or to prevent it from performing its duties wholly or partly shall be sentenced to aggravated life imprisonment.

(2) Where other offences are committed during the commission of this offence, a penalty shall additionally be imposed for those offences in accordance with the relevant provisions.

Article 313Armed rebellion against the Government of the Republic of Türkiye

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(1) Any person who incites the people to an armed rebellion against the Government of the Republic of Türkiye shall be sentenced to imprisonment from fifteen to twenty years. Where the rebellion takes place, the person who incited it shall be sentenced to imprisonment from twenty to twenty-five years.

(2) Any person who directs an armed rebellion against the Government of the Republic of Türkiye shall be punished with aggravated life imprisonment. Other persons participating in the rebellion shall be sentenced to imprisonment from six to ten years.

(3) Where the offences defined in paragraphs 1 and 2 are committed by taking advantage of the opportunity provided by the State being in a state of war, aggravated life imprisonment shall be imposed.

(4) Where other offences are committed during the commission of the offences defined in paragraphs 1 and 2, a penalty shall additionally be imposed for those offences in accordance with the relevant provisions.

Article 314Armed organisation

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(1) Any person who establishes or directs an armed organisation for the purpose of committing the offences set out in Chapters Four and Five of this Part shall be punished with imprisonment from ten to fifteen years.

(2) Persons who become members of the organisation defined in paragraph 1 shall be sentenced to imprisonment from five to ten years.

(3) Added: 2/3/2024, Law No. 7499, Art. 11 Paragraph annulled by Constitutional Court decision of 5/11/2024, E. 2024/81, K. 2024/189

(4) The other provisions relating to the offence of establishing an organisation for the purpose of committing offences shall apply mutatis mutandis to this offence.

Article 315Supplying weapons

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(1) Any person who, knowing their aims, supplies weapons to the organisations defined in the preceding Article by producing, purchasing or bringing them into the country, or transports or stores such weapons, for the purpose of their use in the activities of such organisations, shall be punished with imprisonment from ten to fifteen years.

Article 316Agreement to commit offences

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(1) Where two or more persons agree, in a manner established by material facts, to commit any of the offences set out in Chapters Four and Five of this Part by suitable means, they shall be sentenced to imprisonment from three to twelve years according to the degree of gravity of the offences.

(2) No penalty shall be imposed on persons who withdraw from this alliance before the intended offence is committed or before an investigation is commenced on account of the agreement.

Chapter Six: Offences against National Defence

Article 317Usurpation of military commands

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(1) Persons who, although not authorised by law or appointed by the State, assume command of a military unit, a fleet, a warship, a military air squadron, a fortress or fortified position, a military base or installation, a port or a city shall be sentenced to life imprisonment.

(2) The same penalty shall also be imposed on those who, being commanders of the places indicated above by virtue of legal authority or appointment by the State, fail to comply with orders given by the competent authorities to relinquish the command.

Article 318Alienating the public from military service

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(1) Amended: 11/4/2013, Law No. 6459, Art. 13 Persons who engage in incitement or suggestion in such a manner as to induce those performing military service to desert or to dissuade those who are to join military service from performing such service shall be sentenced to imprisonment from six months to two years.

(2) Where the act is committed through the press and media, the penalty shall be increased by one half.

Article 319Inciting soldiers to disobedience

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(1) Persons who induce and incite soldiers or other persons serving under the military administration to disobey the laws, or to break their oath, or to violate military discipline or their duties relating to military service, and persons who praise before soldiers, or declare their approval of, acts contrary to the laws, oaths, discipline or other duties, shall be sentenced to imprisonment from one to three years.

(2) Where the act is committed publicly, imprisonment from two to five years shall be imposed.

(3) Where the act is committed in time of war, the penalty shall be doubled.

Article 320Enlisting, or enlisting as, soldiers for foreign service

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(1) Any person who, without the permission of the Government, enlists citizens as soldiers or arms citizens within the Country for the purpose of serving in the service of, or working in favour of, a foreigner or a foreign State shall be sentenced to imprisonment from three to six years.

(2) Where there are soldiers or persons of military age among those enlisted or armed, the penalty shall be increased by one third.

(3) Any person who accepts the service referred to in paragraph 1 shall be sentenced to imprisonment from one to three years.

Article 321Failure to comply with orders in time of war

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(1) Any person who, in time of war, knowingly acts contrary to the orders or decisions of the competent authorities and bodies of the State shall be sentenced to imprisonment from one to six years.

Article 322Obligations in time of war

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(1) Any person who, in time of war, wholly or partly fails to fulfil the obligations under a contract concluded with the State, a public body, or a body performing public services or meeting public needs, for the performance of work or the supply of goods for the needs of the armed forces of the State or of the people, shall be sentenced to imprisonment from three to ten years and a judicial fine of up to ten thousand days.

(2) Where the total or partial non-fulfilment of the obligations is due to negligence, the penalty may be reduced by up to three quarters.

(3) Where the total or partial non-fulfilment of the obligation has been caused by intermediaries having a contract with the principal obligors, or by their representatives, the same penalties shall also apply to them.

(4) The persons set out in the preceding paragraphs who commit fraud in the fulfilment of obligations in time of war shall be sentenced to imprisonment from ten to fifteen years and a judicial fine of up to ten thousand days.

Article 323Disseminating false news in war

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(1) Any person who, during war, disseminates or relays unfounded, exaggerated or tendentious news or reports in such a manner as to cause public anxiety and agitation, or to undermine the morale of the people, or to reduce the resistance of the country against the enemy, or who engages in any activity capable of harming fundamental national interests, shall be sentenced to imprisonment from five to ten years.

(2) Where the act is committed:

a) Through propaganda,

b) Directed at soldiers,

c) As a result of an agreement with a foreigner,

the penalty to be imposed shall be imprisonment from ten to twenty years.

(3) Where the act is committed as a result of an agreement with the enemy, life imprisonment shall be imposed.

(4) Any person who, in time of war, engages in acts aimed at lowering the value of foreign currencies or affecting the value of public credit instruments in such a manner as to endanger the resistance of the nation against the enemy shall be sentenced to imprisonment from five to ten years and a judicial fine of up to three thousand days.

(5) Where the act set out in paragraph 4 is committed as a result of an agreement with a foreigner, the penalty shall be increased by one half; where it is committed as a result of an agreement with the enemy, the penalty shall be doubled.

Article 324Neglect of duty relating to mobilisation

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(1) A public official who, in peacetime, neglects or delays the performance of his or her duties relating to mobilisation shall be sentenced to imprisonment from six months to three years.

Article 325Acceptance of titles and similar distinctions from the enemy

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(1) A citizen who accepts from a State at war with Türkiye an academic degree or an honour, title, decoration or other honorary rank, or any salary or other benefits attached to them, shall be sentenced to imprisonment from one year to three years.

Chapter Seven: Offences against State Secrets and Espionage

Article 326Documents relating to the security of the State

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(1) Any person who, wholly or partly, destroys, damages or falsifies documents or papers relating to the security or the internal or external political interests of the State, or who uses them, even temporarily, in a place other than that to which they are allocated, or who obtains them by fraud or steals them, shall be sentenced to imprisonment from eight years to twelve years.

(2) Where the acts described above are committed during wartime or endanger the war preparations, the war effectiveness or the military operations of the State, a sentence of life imprisonment shall be imposed.

Article 327Procuring information relating to the security of the State

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(1) Any person who procures information which, by its nature, must remain secret for reasons of the security or the internal or external political interests of the State shall be sentenced to imprisonment from three years to eight years.

(2) Where the act is committed during wartime or endangers the war preparations, the war effectiveness or the military operations of the State, a sentence of life imprisonment shall be imposed.

Article 328Political or military espionage

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(1) Any person who procures, for the purpose of political or military espionage, information which, by its nature, must remain secret for reasons of the security or the internal or external political interests of the State shall be sentenced to imprisonment from fifteen years to twenty years.

(2) Where the act:

a) Is committed for the benefit of a State at war with Türkiye,

b) Is committed during wartime or endangers the war preparations, the war effectiveness or the military operations of the State,

the offender shall be punished with aggravated life imprisonment.

Article 329Disclosing information relating to the security and political interests of the State

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(1) Any person who discloses information which, by its nature, must remain secret for reasons of the security or the internal or external political interests of the State shall be sentenced to imprisonment from five years to ten years.

(2) Where the act is committed in wartime or endangers the war preparations, the war effectiveness or the military operations of the State, the offender shall be sentenced to imprisonment from ten years to fifteen years.

(3) Where the act occurs as a result of the negligence of the offender, the offender shall be sentenced to imprisonment from six months to two years in the case described in paragraph 1, and from three years to eight years where one of the circumstances described in paragraph 2 exists.

Article 330Disclosing information that must remain secret

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(1) Any person who discloses, for the purpose of political or military espionage, information which, by its nature, must remain secret for reasons of the security or the internal or external political interests of the State shall be sentenced to life imprisonment.

(2) Where the act is committed in wartime or exposes the war preparations, the war effectiveness or the military operations of the State to danger, the offender shall be sentenced to aggravated life imprisonment.

Article 331International espionage

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(1) A citizen who procures, for the purpose of political or military espionage in favour of another foreign State, information which, by its nature, must remain secret for reasons of the security or the internal or external political interests of a foreign State, or a foreigner who has procured such information in Türkiye, shall be sentenced to imprisonment from one year to four years.

Article 332Entering prohibited military zones

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(1) Persons who secretly or by fraud enter places entry into which is prohibited in the military interest of the State shall be sentenced to imprisonment from two years to five years.

(2) Where the act is committed in wartime, the offender shall be sentenced to imprisonment from three years to eight years.

Article 333Exploiting State secrets; disloyalty in State services

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(1) A person who uses, or causes to be used, for his or her own benefit or for the benefit of another, scientific discoveries, new inventions or industrial innovations which he or she has learned by reason of his or her duty and which the security of the State requires to remain secret shall be punished with imprisonment from five years to ten years and a judicial fine of up to three thousand days.

(2) Where the act is committed for the benefit of a State at war with Türkiye or endangers the war preparations, the war effectiveness or the military operations of the State, the offender shall be sentenced to life imprisonment.

(3) Where a person assigned by the Turkish State to carry out a specific task belonging to the State in a foreign country fails to perform that task faithfully and damage may arise from this act, the offender shall be sentenced to imprisonment from five years to ten years.

(4) Persons who learn that the offences defined in this Article are to be committed and fail to report them to the competent authorities in due time shall be sentenced to imprisonment from six months to two years, even if the offence remains at the stage of attempt.

Article 334Procuring prohibited information

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(1) Any person who procures information the disclosure of which is prohibited by the competent authorities pursuant to laws and regulatory acts and which, by its nature, must remain secret shall be sentenced to imprisonment from one year to three years.

(2) Where the act exposes the war preparations, the war effectiveness or the military operations of the State to danger, the offender shall be sentenced to imprisonment from five years to ten years.

Article 335Procuring prohibited information for the purpose of espionage

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(1) Any person who procures, for the purpose of political or military espionage, information the disclosure of which is prohibited by the competent authorities pursuant to laws and regulatory acts and which, by its nature, must remain secret shall be sentenced to imprisonment from eight years to twelve years.

(2) Where the act is committed for the benefit of a State at war with Türkiye or exposes the war preparations, the war effectiveness or the military operations of the State to danger, the offender shall be sentenced to aggravated life imprisonment.

Article 336Disclosing prohibited information

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(1) Any person who discloses information the disclosure of which is prohibited by the competent authorities pursuant to laws and regulatory acts and which, by its nature, must remain secret shall be sentenced to imprisonment from three years to five years.

(2) Where the act is committed in wartime or endangers the war preparations, the war effectiveness or the military operations of the State, the offender shall be sentenced to imprisonment from ten years to fifteen years.

(3) Where the act occurs as a result of the negligence of the offender, the offender shall be sentenced to imprisonment from six months to two years in the case described in paragraph 1, and from three years to eight years in the case described in paragraph 2.

Article 337Disclosing prohibited information for the purpose of political or military espionage

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(1) Any person who discloses, for the purpose of political or military espionage, information the disclosure of which is prohibited by the competent authorities pursuant to laws and regulatory acts and which, by its nature, must remain secret shall be sentenced to imprisonment from ten years to fifteen years.

(2) Where the act is committed in wartime or exposes the war preparations, the war effectiveness or the military operations of the State to danger, a sentence of aggravated life imprisonment shall be imposed.

Article 338Commission of acts of espionage as a result of negligence

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(1) Where the commission of the offences defined in this Chapter has been made possible or facilitated as a result of the persons concerned acting in breach of their duty of attention and care, the offender who acted negligently shall be sentenced to imprisonment from six months to three years.

(2) Where the act is committed during wartime or exposes the war preparations, the war effectiveness or the military operations of the State to danger, the offender who acted negligently shall be sentenced to imprisonment from three years to eight years.

Article 339Possession of documents relating to State security

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(1) Any person who is caught with documents, or with anything else of that nature, which serve to obtain information that must remain secret for reasons of the security or the internal or external political interests of the State, or matters the disclosure of which is prohibited by the competent authorities and which, by their nature, must remain secret, and for the possession of which no acceptable reason can be shown, shall be sentenced to imprisonment from one year to five years.

(2) Where the act is committed in wartime, the offender shall be sentenced to imprisonment from three years to eight years.

Chapter Eight: Offences against Relations with Foreign States

Article 340Offence against the head of a foreign State

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(1) The penalty to be imposed on a person who commits an offence against the head of a foreign State shall be increased by one eighth. Where the offence requires life imprisonment, aggravated life imprisonment shall be imposed.

(2) Where the act is among the offences whose investigation and prosecution are subject to a complaint, the investigation and prosecution shall be subject to the complaint of the foreign State.

Article 341Insult against the flag of a foreign State

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(1) Any person who publicly degrades the officially hoisted flag or other emblems of sovereignty of a foreign State shall be sentenced to imprisonment from three months to one year.

(2) The conduct of an investigation and prosecution for this offence shall be subject to the complaint of the State concerned.

Article 342Offence against representatives of foreign States

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(1) With respect to offences committed against them by reason of their duties, representatives of foreign States assigned permanently or temporarily to the Republic of Türkiye and their diplomatic officers, or representatives of international organisations and their officers who are granted diplomatic privileges and immunities, shall be deemed public officials; and persons who commit offences shall be sentenced in accordance with the relevant provisions of this Code.

(2) Where the offence committed is insult, the conduct of an investigation and prosecution shall be subject to the complaint of the victim.

Article 343Condition of reciprocity

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(1) The application of the provisions set out in this Chapter shall be subject to the condition of reciprocity.

Chapter Nine: Final Provisions

Provisional Article 1

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Added: 11/4/2013, Law No. 6459, Art. 14

(1) No decision of lack of jurisdiction may be rendered in pending cases by reason of the amendment made to Article 235 of this Code by the Law introducing this Article.

Article 344Entry into force

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(1) Of this Code:

a) Article 184, entitled "Causing zoning pollution", shall enter into force on the date of its publication,

b) Paragraph 1 of Article 181, entitled "Intentional pollution of the environment", and paragraph 1 of Article 182, entitled "Negligent pollution of the environment", shall enter into force two years after the date of its publication,

c) The other provisions shall enter into force on 1 June 2005,

accordingly.

Article 345Execution

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(1) The provisions of this Code shall be executed by the Council of Ministers.

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Unofficial translation for information only. The Turkish text published in the Official Gazette is the only authoritative version. This page is not legal advice.