CRIME OF DEPRIVATION OF LIBERTY
CRIME OF DEPRIVATION OF LIBERTY
The crime of Deprivation of Liberty is regulated under Article 109 of the Turkish Penal Code.
Deprivation of liberty
Article 109- (1) A person who unlawfully deprives another of their liberty to move to or remain in a place shall be sentenced to imprisonment for a term of one to five years.
(2) If the person uses force, threats, or fraud to commit or while committing the act, a sentence of imprisonment for a term of two to seven years shall be imposed.
(3) If this crime is committed;
a) With a weapon,
b) By more than one person together,
c) Due to the public duty performed by the person,
d) By abusing the influence provided by a public duty,
e) Against an ascendant, descendant, or spouse,
f) Against a child or a person who is unable to defend themselves physically or mentally,
the penalty to be imposed according to the above paragraphs shall be increased by one fold.
(4) If this crime causes a significant economic loss to the victim, a judicial fine of up to one thousand days shall also be imposed.
(5) If the crime is committed for sexual purposes, the penalties to be imposed according to the above paragraphs shall be increased by half.
(6) In the event that the aggravated consequences of the crime of intentional injury occur for the purpose of or during the commission of this crime, the provisions regarding the crime of intentional injury shall also be applied.
With this crime regulated in Article 109 of the Turkish Penal Code, the freedom of individuals to act as they wish is unlawfully eliminated for a long or short period, or restricted in various ways.
The legal value protected by this crime is the restriction of the individual's freedom of movement in accordance with their own will. In other words, by regulating the act of depriving a person of their liberty as a crime, it is intended to punish those who unlawfully restrict the freedom of movement and physical liberty of individuals. As explained in the rationale of this crime regulated in Article 109 of the Turkish Penal Code, the legal value protected by this crime is the freedom of a person to act within the framework of their own desire and will. For this reason, it is irrelevant whether the victim wishes to move or is aware of the act at the time the act is committed. If this crime is committed by a public official through the abuse of their office, the interest belonging to the public administration is also harmed. However, since the primary legal interest is the protection of the person's freedom, even if the crime is committed by a public official, it is addressed under the heading "Crimes Against Liberty."
The qualified forms of the crime requiring a heavier penalty are as follows:
If committed with a weapon,
By more than one person together,
Due to the public duty performed by the person,
By abusing the influence provided by a public duty,
Against an ascendant, descendant, or spouse,
Against a child or a person who is unable to defend themselves physically or mentally,
the penalty to be imposed according to the above paragraphs shall be increased by one fold.
The perpetrator of the crime can be anyone. However, committing the crime by abusing the influence provided by a public duty constitutes a qualified form.
The victim of the crime can be any natural person. The victim's age is important in this crime. Because according to sub-clause (f) of Article 109/3 of the Turkish Penal Code, committing the crime against a child, that is, a person who has not yet completed the age of 18, is a qualified form.
The material element of this crime is one person restricting the freedom of movement of another.
For the crime to occur, it is not necessary for it to be absolutely impossible for the victim to regain their freedom on their own. It is sufficient that the victim is in a position where they cannot overcome the obstacles placed to prevent them from moving as they wish. For example, leaving a guard or a dog at the door to prevent the victim from leaving the premises even if the door is open. A person who prevents the victim from using the necessary tools to move also commits this crime. For example, taking away a paralyzed person's wheelchair or the clothes of someone who is naked in the bathroom.
The person may be completely or partially deprived of their liberty. For example, taking the victim into a minibus and taking them to a secluded place.
It is irrelevant whether the deprivation of liberty lasts for a long or short time. For the crime to occur, the restriction must continue for a certain period.
If the victim's liberty is restricted again after the crime has ended (for example, re-capturing and locking up a person who managed to escape), in this case, two separate crimes occur, and the existence of a continuous crime relationship between the crimes is sought.
The subjective element of the crime is general intent. However, the fact that this crime was committed for certain purposes causes it to turn into a qualified form. This crime can also be committed with eventual intent. In such a case, the penalty is reduced.