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CRIME OF VIOLATION OF IMMUNITY OF HOUSING TCK art.116

The subject of the crime of home inviolability (attempting to enter the house) regulated in Article 116 of the Turkish Penal Code is the residence or the housing annex. According to the penal law, housing is the place where people stay in order to meet their permanent or temporary accommodation needs. The legal value that is aimed to be protected by the regulation of this crime in the law is personal freedom.

THE EFFECT OF CONSENT ON VIOLATION OF HOUSING INVISIBILITY

The crime of violating the immunity of residence is an optional mobile crime and can be committed in two ways:

Entering someone’s residence without consent
Not to leave a place entered with consent against consent

AMOUNT OF PENALTY FOR VIOLATION OF HOUSING IMMUNITY

Anyone who attempts a house that commits the crime of violating the inviolability of residence is sentenced to imprisonment from 6 months to 2 years upon the complaint of the victim.

REASONS INCREASING THE PENALTY FOR VIOLATION OF HOUSING IMMUNITY

If this crime is committed by threat or with a weapon, and if it is committed at night, it constitutes a qualified form that requires more punishment, and in this case, the perpetrator is sentenced to imprisonment from 1 year to 3 years.

The crime of violating the immunity of residence is committed against the workplaces and their annexes outside the places where it is customary to enter without the need for an explicit consent, which is a less punishable situation, and upon the complaint of the victim, he is sentenced to imprisonment from 6 months to 1 year or a judicial fine. Entering a law firm and private practice against consent can be given as an example of the less punishable form of this crime. In the event that a part of the residence is allocated as a workplace, the penalty is given not for the qualified state, but for the basic form of the crime.

THE EFFECT OF LIVING MORE THAN ONE PERSON IN THE HOUSING ON CRIME

In the case of family members or the joint use of the residence or workplace by more than one person in the marriage union, the consent of one of these persons eliminates the element of unlawfulness. However, for this, the declaration of consent must be for a legitimate purpose. According to the Court of Cassation, the legitimate aim should not be against the law and should be acceptable to other right holders. In addition, in order for the consent to eliminate the element of unlawfulness, it must not be injured by threat or fraud.

Stj. Av. Rumeysa Özge Uzkan

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Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

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