What Is the Crime of Deprivation of Liberty?
The crime of Deprivation of Liberty is regulated in Article 109 of the Turkish Penal Code.
Deprivation of liberty
Article 109- (1) Any person who unlawfully deprives another of their liberty to go to a place or to remain in a place shall be sentenced to imprisonment from one to five years.
(2) If the person uses force, threats, or deception to commit the act or during its commission, they shall be sentenced to imprisonment from two to seven years.
(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 unable to defend themselves physically or mentally,
the sentence 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 sentences 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, people's freedom 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 a person's freedom of movement in accordance with their own will. In other words, by establishing the act of deprivation of liberty as a crime, it is intended to punish those who unlawfully restrict individuals' freedom of movement and physical liberty. As explained in the justification 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 desires and will. Therefore, whether the victim wants to move or is aware of the act at the time the act is committed is not important. If this crime is committed by a public official by abusing their position, 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 title of "Crimes Against Liberty".
The qualified circumstances of the crime that require a heavier penalty are as follows;
-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 unable to defend themselves physically or mentally,
if committed, the sentence 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 circumstance.
The victim of the crime can be any natural person. The age of the victim is important in this crime. Because according to Article 109/3-f 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 circumstance.
The material element of this crime is one person restricting another person's freedom of movement.
For the crime to occur, it is not necessary that it be absolutely impossible for the victim to regain their freedom on their own. It is sufficient that the victim is unable to overcome the obstacles placed to prevent them from acting 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 tools necessary for mobility also commits this crime. For example, taking away the wheelchair of a paralyzed person or taking the clothes of a person who is naked in the bathroom.
A person may be completely or partially deprived of their liberty. For example, putting the victim in a minibus and taking them to a desolate place.
It does not matter 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, after the crime has ended, the victim's freedom is restricted again (for example, if a person who succeeds in escaping is caught again and locked up somewhere), then two separate crimes occur, and the existence of a continuous crime relationship between the crimes is sought.
The mental element of the crime is general intent. However, the commission of this crime for certain purposes causes it to turn into a qualified form. This crime can also be committed with possible intent. In such a case, a reduction is made in the sentence.