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PENALTY IN PRIVACY

TCK article 134 Privacy of Private Life

1) Anyone who violates the privacy of individuals’ private life is punished with imprisonment from one year to three years. In case of violation of confidentiality by recording images or sounds, the penalty to be imposed is increased by one fold.

2) Anyone who unlawfully discloses the images or sounds related to the private life of persons is punished with imprisonment from two to five years. If these disclosed data are published through the press and broadcast, the same penalty will be imposed.

MATERIAL AND SPIRITUAL ELEMENT IN PRIVACY OF PRIVACY

The legal value protected by the crime of privacy is the privacy of private life. With this crime, the Constitution m. 20 states that “everyone has the right to demand respect for their private and family life; The provision of “the privacy of private and family life will not be touched” is guaranteed.

No feature was sought in terms of the perpetrator of the crime. Anyone can be a perpetrator of this crime. If this crime is related to an event between two people, the parties to the event may be the perpetrator of the crime.

Crime does not show any feature in terms of victims, anyone can be a victim of this crime. However, it should be noted that the victim must be alive during the execution of the act.

TCK m. In 134, 2 separate crimes were regulated:

  • The typical action that constitutes the crime regulated in TCK Article 134/1 is learning the content of an event that remains in the private life of the person by others.
  • TCK m. The typical action constituting the crime regulated in 134/2 is the disclosure of legally or illegally obtained video or audio recordings.

QUALIFICATIONS OF CRIME:

  • Violation of Privacy by Recording Images or Sounds
  • Committing the Crime by a Public Official and by Abuse of His Power
  • Committing the Crime by Taking Advantage of the Convenience Provided by a Certain Profession and Art
  • The store manager puts a camera in the test booth and records it.

Both crimes can be committed intentionally. No further purpose was sought for the perpetrator.

IS THE CRIME OF PRIVACY LIFE SUITABLE TO COMPLAINT?

Both offenses are subject to complaint but are also covered by mediation. The complaint period is subject to a 6-month statute of limitations from the date the victim learns about the actual committing and the perpetrator.

CONSENT IN THE CONFIDENTIALITY OF PRIVATE LIFE

Fulfillment of the law, the consent of the person concerned, the exercise of the right and the legality of the right to inform can be applied in terms of this crime.

If the conditions are met, it is possible to convert the prison sentence to a judicial fine, to postpone the announcement of the verdict, and to postpone the prison sentence.

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