In a democratic society, the rule of law and the preservation of constitutional order are vital. Those who threaten this order and commit unconstitutional actions are punished within the scope of “Crimes Against the Constitutional Order”. In this article, we will examine the types, penalties and importance of these crimes.
What are Crimes Against the Constitutional Order?
These crimes, regulated under Articles 309 and 316 of the Turkish Penal Code, are considered a direct attack against democracy and the rule of law. The main types are:
• Crime of Violating the Constitution: Attempting to change the constitutional order or to prevent the actual implementation of this order by using force or violence.
• Crime of Assassination and Actual Attack on the President: Making an actual attack against the President with the intention of assassinating or deliberately injuring him.
• Crimes Against the Legislative Body: Attempting to obstruct the functioning of the Turkish Grand National Assembly or force a decision to be taken.
• Crimes Against the Government: Attempting to obstruct the functioning of the government or force a decision to be taken.
• Crime of Armed Rebellion Against the Government (Government of the Republic of Turkey): Engaging in armed rebellion with the aim of overthrowing the government or preventing it from performing its duties.
Penalties for Crimes Against the Constitutional Order:
The penalties for these crimes vary depending on the type of crime and the way it is committed. The heaviest penalties are provided for crimes of violating the constitution and armed rebellion. For these crimes, aggravated life imprisonment may be imposed.
Importance of Crimes Against Constitutional Order:
These crimes are of great importance because they threaten the foundation of democracy and the rule of law. Fighting these crimes is necessary to protect democracy and ensure peace in society.
