Law No. 5237
Passed by parliament on 26.09.2004, and published in the Official Gazette 25611 on 12 October 2004, entering into force on 1 June 2005.

Law No. 5328
Amending Provisions of Various Laws
Passed by parliament on 31.03.2005, and published in the Official Gazette on 31 March 2005, entering into force on 1 June 2005.

The Law is divided into
Volumes - sections - chapters
and articles include paragraphs and clauses.
Law No. 5237 (the TPC) has been subsequently amended, including, for example, by Law No. 5377 of 29 June 2005

Headings
FIRST VOLUME: General Provisions
FIRST SECTION: Basic Principles, Definitions and Field of Application
FIRST CHAPTER: Basic Principles and Definitions

Definitions
ARTICLE 6 - (1) In the implementation of criminal law:
a) "Citizen:" a person who at the time of the commission of the offence was a Turkish citizen.
b) "Child:" a person who has not yet reached the age of 18.
c) "Public official:" anyone who is appointed or elected to perform a public activity temporarily, permanently or for a specified period.
d) "One who performs a judicial function:" members and judges of high courts and criminal, administrative and military courts, as well as public prosecutors and lawyers.
e) "Night:" the period of time beginning one hour after sunset and ending one hour before sunrise.
f) "Weapon:"
1) firearms,
2) explosive substances,
3) all manner of cutting, piercing or bruising instruments used for attack and defence,
4) any other object suitable for use in attack or defence, although not intended for such a purpose,
5) caustic, abrasive, injurious, suffocating and poisonous substances, and radioactive, chemical, biological and nuclear materials that lead to the development of lasting disease.
g) "through press and publication:" any type of broadcast/publication through printed, audio-visual or electronic means of communication.
h) "habitual criminal:" a person who, within a period of one year and on separate occasions, commits more than twice the same class of deliberate offence or other forms thereof necessitating a heavier or lighter punishment.
i) "professional criminal:" any person who habitually makes a living, or part thereof, from the proceeds of crime.
j)"criminal member of an organization:" any person who establishes or directs a criminal organization or who commits crime collectively or individually on behalf of such an organization.

Section 2: Field of Application of the Code
Extradition
ARTICLE 18- (1) An alien prosecuted or condemned for an offence committed or alleged to have been committed in a foreign country may be extradited - upon demand - for the purpose of prosecution or execution of a sentence. However, an extradition demand shall not be accepted if the act for which extradition is demanded;
a) is not a crime under Turkish law,
b) is in the nature of a political or military crime or a crime of opinion,
c) is a crime against the security of the Turkish State, or against the Turkish State or a Turkish citizen or a legal entity formed in accordance with Turkish laws,
d) is a crime that falls under the jurisdiction of Turkey,
e) has been subject to an amnesty or statute of limitation.
(2) Turkish citizens shall not be extradited for any crime except under obligations arising from being a party to the International Criminal Court.
(3) An extradition demand shall not be accepted if there are strong grounds for suspicion that - upon extradition - the person may be prosecuted or punished on account of their their race, religion, nationality, membership of a particular social group or political opinion or may be exposed to torture or ill-treatment.
(4) The criminal court competent at the location of the person in question shall decide on the extradition demand on the basis of this article and provisions of related international conventions to which Turkey is a party. This decision may be appealed.
(5) If the extradition demand is deemed acceptable by the court, the execution of that decision shall be subject to the discretion of the Council of Ministers.
(6) Based on the provisions of international conventions to which Turkey is a party, protective measures may be ruled for the person for whom extradition is demanded.
(7) If the extradition demand is accepted, an arrest warrant may be issued according to the provisions of the Criminal Procedures Code or other protective measures may be applied.
(8) In case of extradition, the person may only be tried or punished for the specific offence for which extradition was ruled.

CHAPTER 2 Elements of Criminal Responsibility
Section 2: Grounds for Suspension or Reduction of Criminal Responsibility

Unjust provocation
ARTICLE 29- (1) Anyone who commits an offence in a state of anger or severe distress provoked by a tort shall be sentenced to imprisonment for a term of eighteen to twenty four years instead of aggravated life imprisonment and to imprisonment for a term of twelve to eighteen years instead of life imprisonment. The sentences in other cases shall be reduced by from one quarter to three quarters.

Minor status
ARTICLE 31 - (1) Children who have not reached the age of twelve years at the time of committing the offence shall have no criminal liability. Criminal prosecution may not be initiated against them; however, protective measures specific to children may be implemented.
(2) (Amended by Law 5377 of 29.06.2005 / Article 5) Those who have not reached the age of 15 years but are older than 12 years at the time of the offence shall have no criminal liability where they are incapable of perceiving the legal significance and consequences of their act or where their faculties of autonomous action are not sufficiently developed. However, protective measures specific to children shall be applied. Where the offender is aware of the legal significance and consequences of the offence and has developed the faculties of autonomous action with respect to the offence in question, they shall be imprisoned for a term of from 12 to 15 years, where the offence is punishable by aggravated life imprisonment, and a term of from 9 to 11 years where the offence is punishable by life imprisonment. Other penalties shall be decreased by one half and in this case the term of imprisonment for each act shall be not greater than seven years.
(3) (Amended by Law 5377 of 29.06.2005 / Article 5) Those who have not reached the age of 18 but are over 15 at the time of the offence shall be imprisoned for a term of from 18 to 24 years where the offence is punishable by heavy life imprisonment; and a term of from 12 to 15 years where the offence is punishable by life imprisonment. Other penalties shall be decreased by one third and in this case the term of imprisonment for each act shall be not greater than 12 years.

VOLUME II Special Provisions
CHAPTER 1 International Offences
Section 1: Genocide and Crimes against Humanity

Genocide
ARTICLE 76- (1) The commission of any of the following acts against the members of any national, ethnic, racial, religious or other group determined by any features other than the above with intent to destroy it in whole or in part through the execution of a plan shall constitute genocide:
a) Deliberate killing.
b) Causing serious bodily or mental harm to members of the group.
c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
d) Imposing measures intended to prevent births within the group.
e) Forcibly transferring children of the group to another group.
(2) The perpetrator of the offence of genocide shall be punished by aggravated life imprisonment. However, for deliberate homicide and deliberate wounding committed under conditions of genocide, aggregated sentences shall be applied in accordance with the number of victims identified.
(3) Legal entities may also be subjected to security measures for these offences.
(4) No limitation period shall apply to these offences.

Crimes against humanity
ARTICLE 77- (1) The following acts inflicted systematically against a civilian group of the population in line with a plan with political, philosophical, racial or religious motives shall constitute crimes against humanity.
a) deliberate homicide.
b) deliberate wounding.
c) torture, inhuman treatment or slavery.
d) depriving persons of their liberty.
e) subjecting persons to biological experiments.
f) sexual assault and sexual abuse of children.
g) impregnation by force.
h) forced prostitution.
(2) Where an offence in paragraph (a) of the first article has been committed, the offender shall be punished with aggravated life imprisonment. If acts mentioned in other paragraphs have been committed a penalty of not less than eight years' imprisonment shall be imposed. However, for acts of deliberate homicide and deliberate wounding as defined in paragraphs (a) and (b), aggregated sentences shall be applied in accordance with the number of victims identified.
(3) Legal entities may also be subjected to security measures for these offences.
(4) No limitation period shall apply to these offences.

Organization
ARTICLE 78- (1) A term of imprisonment of from ten to fifteen years shall be imposed on any person who founds or directs an organization set up for the purpose of committing the offences referred to in the above articles. Members of these organizations shall be imprisoned from five to ten years.
(2) Corporations responsible for these offences may be subject to security measures.
(3) No limitation period shall apply to these offences.
Section 2: Smuggling of Migrants and human trafficking

Smuggling of Migrants
ARTICLE 79 - (1) Imprisonment for a term of from three to eight years and a judicial fine of up to ten thousand days [units of daily personal income as appointed by the court] shall be imposed on those who, by illegal means, and with the purpose of obtaining material benefit either directly or indirectly,
a) enable an alien to enter or to remain in the country,
b) enable a Turkish citizen or an alien to go abroad.
(2) Where the offences referred to in the above paragraphs are committed by perpetrators acting as part of an organization, the penalty shall be increased by one half.
(3) Where the offences referred to in the above paragraphs are committed by perpetrators acting as a legal entity, appropriate protective measures will be taken for that legal entity.

Human trafficking
ARTICLE 80 - (1) Anyone who procures or kidnaps persons or who takes or transports persons from one place to another or who harbours persons with a view to forcing them to work, or to provide a service, or in order to subject them to slavery or similar, or to donate their organs by exerting threats, pressure, force or violence, by abusing their authority, by deceit or by obtaining consent by taking advantage of the helplessness of such persons, or opportunities to control them shall be sentenced to imprisonment for a term of from eight to twelve years and a judicial fine of up to ten thousand days.
(2) Where actions are undertaken for the purposes referred to in the first paragraph, and which constitute an offence, the consent of the injured party shall be deemed void.
(3) Where juveniles under eighteen years of age are procured, kidnapped, taken or transported from one place to another or harboured for the purposes referred to in the first paragraph, the offender shall be sentenced to the penalties referred to in the first paragraph, even where the offender has not resorted to any of the actions instrumental to the offence.
(4) Security measures shall be applied to legal entities in respect of the aforesaid crimes.

CHAPTER 2 Offences against the Person
Section 1: Offences against Life

Deliberate killing
ARTICLE 81 - (1) Any person who deliberately kills another person shall be sentenced to life imprisonment.
Qualified cases (of homicide)
ARTICLE 82 - (1) If the act of homicide is committed;
a. with premeditation,
b. with brutality and in a manner that causes suffering
c. by means of fire, flood, destruction, sinking or bombing, or by using nuclear, biological or chemical weapons,
d. against an ascendant or descendant relative, a spouse or a sibling,
e. against a child, or against an individual who cannot protect themselves physically or emotionally,
f. against a woman known to be pregnant,
g. against a public official on account of their office,
h. in order to conceal or destroy evidence of an offence, or to facilitate the commission of an offence or in order to avoid capture
i. (Added by Law No. 5377 dated 29 June 2005, Article 9) as a consequence of anger at being frustrated in the commission of a crime
j. with the motive of blood vengeance
k. with the motive of customary tradition,
the perpetrator shall be sentenced to aggravated life imprisonment.

Section 2: Offences against the Integrity of the Body

Experiments on humans
ARTICLE 90 - (1) Anyone who carries out a scientific experiment on a human being shall be sentenced to imprisonment for a term of from one to three years.
(2) The following conditions must be met in order to avoid criminal responsibility for an experiment conducted on a human being with their consent:
a) Authorization from the relevant council or bodies must have been obtained,
b) The experiment should initially have been conducted in an experimental environment other than the human body, or on a sufficient number of animals,
c) The scientific data obtained through the experiment conducted in an experimental environment other than the human body or on animals should necessitate its performance on human beings in order to achieve its objectives,
d) The experiment should not inflict any foreseeable damage or lasting effect on human health,
e) Methods that may make the test subject suffer to a degree incompatible with human dignity should not be applied,
f) The objective of the experiment should outweigh any danger presented to the subject's health and any burden imposed on the subject,
g) The consent of the experimental subject should be in writing and based on sufficient information about the content and consequences of the experiment, and should not be linked with the provision of any benefits.
(3) (Amended on 31.3.2005 through Law No. 5328) In addition to the conditions specified under paragraph two, the following conditions must be met in order to avoid criminal liability for scientific experiments performed on children:
a) Any scientific data obtained through the experiment in question should be conditional on its being carried out on children.
b) In addition to the consent of a child capable of providing consent, the written consent of the mother and father or legal guardian should also be sought,
c) A paediatrician should be present on the board charged with authorization for such experiments,
(4) Anyone who conducts a medical test on a patient without obtaining the patient's consent shall be sentenced to imprisonment for a term of up to one year. However, such conduct shall not incur criminal liability if recognized treatment methods are understood to be ineffective, and consent has been obtained. Consent must be in writing and should be based on sufficient information about the content and consequence of the experiment, and the medical treatment should be conducted by a professional expert physician in a hospital.
(5) Provisions pertaining to deliberate wounding or deliberate killing shall be applicable if the victim is wounded or killed as a consequence of an offence as described in paragraph one.
(6) If the offences defined in this article are committed within the scope of activities of a legal entity, appropriate security measures shall be applied.

Section 3: Torture and Inflicting of Suffering

Torture
ARTICLE 94- (1) Any civil servant who carries out actions against a person that lead to bodily or mental pain incompatible with human dignity, that influences their ability to perceive or their will or is degrading, will be punished by imprisonment of between three and twelve years.
(2) If the offence is committed
a) against a child or someone unable to defend themselves bodily or mentally, or against a pregnant woman,
b) against a lawyer or another civil servant because of their duty,
a sentence of between eight and fifteen years' imprisonment will be passed.
(3) If the offence is committed in the form of sexual abuse, a sentence of between ten and fifteen years' imprisonment will be passed.
(4) Any other person found to have participated in this offence shall be subject to the same punishment as the civil servant.
(5) Where the offence arose out of an act of negligence, this shall not provide grounds for reduction of sentence.

Torture Aggravated by Consequences
ARTICLE 95- (1) If the offence of torture leads to the victim
(a) suffering permanent weakening of one of their senses or organs,
(b) suffering permanently from speech difficulties,
(c) being marked on the face,
(d) being put in danger of their life,
(e) where a woman, being subjected to premature birth,
the above sentence be increased by one half.
(2) If the offence of torture leads to the victim
(a) suffering from an incurable illness or a vegetative state
(b) losing one of their senses or organs,
(c) losing their ability to speak or to have children,
(d) having a permanent disfigurement,
(e) where a woman, having a miscarriage
the above sentence be doubled.
(3) If the offence of torture leads to fractures, the sentence be between eight and fifteen years' imprisonment according to the degree to which the fractures in question affect life functions.
(4) If death occurs as a result of torture a sentence of aggravated life imprisonment be imposed.

Suffering
ARTICLE 96- (1) Anyone who carries out an act leading to another's suffering will be sentenced to imprisonment of between two and five years.
(2) If the above offence is committed
a) against a child or someone unable to defend themselves bodily or mentally or against a pregnant woman,
b) antecedent or descendant relatives, father or mother or spouse
the person shall be sentenced to imprisonment of between three and eight years.
Section 5: Illegal Abortion, Miscarriage and Sterilization

Illegal abortion
ARTICLE 99 - 1) Anyone who performs an abortion on a woman against her consent shall be sentenced to imprisonment for a term of five to ten years.
2) Anyone who, in the absence of medical complications, performs an abortion after the completion of the tenth week of pregnancy with the women's consent shall be sentenced to imprisonment for a term of from two to four years. Any woman who consents to abortion in these circumstances shall be sentenced to imprisonment for up to one year and a judicial fine.
3) If the act referred to in the first paragraph damages the physical or mental health of the woman, the offender shall be punished with imprisonment from six to twelve years. If the act results in the death of the woman, imprisonment for a term of between fifteen and twenty years shall be imposed.
4) If the act referred to in the second paragraph causes damage to the physical and mental health of the woman, the offender shall be punished with imprisonment of from three to six years. If the act results in the death of the woman, imprisonment of from four to eight years shall be imposed.
5) If an unauthorized person performs an abortion before the tenth week of pregnancy, imprisonment of from two to four years shall be imposed, even if the woman has given her consent. If any of the crimes listed in the above paragraphs are committed by unauthorized persons the penalties shall be increased by one half.
6) If the woman is impregnated as a result of a crime of which she was the victim, no penalty shall be imposed on any person who terminates the pregnancy on the condition that the fetus is less than twenty weeks old and that the woman has given her consent. However such a pregnancy termination must be carried out by specialized doctors in a hospital environment.

Abortion
ARTICLE 100 - Any woman who deliberately aborts after the tenth week of pregnancy shall be sentenced to imprisonment for a term up to one year and to a judicial fine.

Section 6: Sexual Offences

Sexual assault
ARTICLE 102 - (1) Any person who violates the physical integrity of another person by means of sexual behaviour shall be imprisoned for a term of from two to seven years, upon the complaint of the victim.
(2) Where the act is committed by means of inserting an organ or other object into the body, the perpetrator shall be imprisoned for a term of from seven to twelve years. If the act is committed against a spouse, legal investigation and prosecution shall be initiated provided that the victim lodges a complaint.
(3) If the offence is committed,
a) Against a person who is physically or mentally incapable of defending themselves,
b) By a breach of duty and/or abuse of official status,
c) Against a person of first, second or third degree blood relation or a relative by marriage,
d) By using a weapon or with the cooperation of more than one person,
penalties imposed in accordance with the paragraphs above shall be increased by one half.
(4) If, during the commission of the offence, the perpetrator applies force and violence greater than that necessary to overcome the victim's resistance, the perpetrator shall also be punished for deliberate wounding.
(5) Where the offence results in damage to the physical or mental health of the victim, the perpetrator shall be imprisoned for a term of not less than ten years.
(6) If as a result of the crime the victim enters a vegetative state or dies, the sentence shall be aggravated life imprisonment.

Sexual abuse of minors
ARTICLE 103 - (1) Any person who sexually abuses a child shall be imprisoned for a term of from three to eight years. The term sexual abuse shall mean:
a) any act of a sexual nature committed against a minor who has not reached fifteen years of age or who, in spite of having reached fifteen years of age, lacks the competence to understand the legal significance and consequences of such acts,
b) sexual acts against other minors by means of force, threat, deception or any other means that influences the will of the child,
(2) Where the sexual assault occurs as a result of insertion of an organ or similar object into the body, a term of imprisonment of from eight to fifteen years shall be imposed.
(3) (Amended by Law 5377 dated 29 June 2005 /Article 12) In case of sexual abuse by an antecedent relative, second or third degree blood relative, stepfather, adoptive parent, guardian, tutor, trainer, caretaker, persons providing health care services or persons who are responsible for protecting and caring for the child, or by abusing the influence gained through a service relationship, or by more than one person, the penalty imposed in respect of offences under the above paragraphs shall be increased by half.
(4) Where the sexual assault is committed against a minor as indicated in paragraph 1 (a) as a result of force or threat, the penalty imposed in accordance with the above paragraphs shall be increased by half.
(5) Where the force and compulsion used in the course of the sexual assault is aggravated by deliberate wounding, provisions of the offence of deliberate wounding shall apply additionally.
(6) Where the offence results in damage to the physical or mental health of the victim, the perpetrator shall be punished by strict life imprisonment.
(7) Where as a consequence of the offence the victim enters a vegetative state or dies, the perpetrator shall be sentenced to strict life imprisonment.

Sexual Intercourse with a Juvenile
ARTICLE 104 - (1) Anyone who, without resorting to force, threats or deceit, has sexual intercourse with a juvenile who is over fifteen years of age shall be imprisoned for a term of from six months to two years, upon complaint.
(2) Where the perpetrator is more than five years older than the victim, the penalty shall be doubled, irrespective of whether or not a complaint has been made.

Sexual harassment
ARTICLE 105- (1) Anyone who sexually harasses a person, upon a complaint filed by the victim, shall be imprisoned for a term of from three months to two years or a judicial fine.
(2) (Amended by Law 5377 dated 29 June 2005 /Article 13) In cases where these acts are committed through abuse of a position of influence arising from a hierarchical relationship, a relationship of service, training or education provision, or due to intrafamily relations, or by taking advantage of a shared workplace, the penalty imposed in accordance with the above paragraph shall be increased by one half. If the victim has been forced to quit their job, school or leave their family, the penalty shall be not less than one year.

Section 7: Offences against liberty

Discrimination
Article 122- (1) Anyone who practices discrimination on grounds of language, race, colour, gender, disability, political ideas, philosophical beliefs, religion, sect or other reasons; by
a) preventing the sale or transfer of personal property or real estate or the performance or enjoyment of a service or who makes the employment of a person contingent on one of the conditions listed above,
b) withholds foodstuffs or refuses to provide a service supplied to the public,
c) prevents a person from carrying out ordinary economic activity,
shall be sentenced to imprisonment for a term of from six months to one year or a judicial fine.

Section Eight: Offences against Dignity

Insult
ARTICLE 125- (1) Anyone who undermining the honour, dignity or respectability of another person or who attacks a person's honour by attributing to them a concrete act or a fact, or by means of an insult shall be sentenced to imprisonment for a term of three months to two years, or punished with a judicial fine. In order to convict for an insult made in the absence of the victim, the act must have been witnessed by at least three persons.
(2) If the act is committed by means of a spoken, written or visual message addressing the victim, the perpetrator shall be sentenced to the penalties set out above.
(3) If the offence of insult is committed:
a) against a public official in connection with their duty;
b) in response to the expression of religious, political, social, philosophical beliefs, thoughts and opinions, in response to an individual's changing or attempting to propagate their religious, political, social, philosophical beliefs, thoughts and opinions, or in response to an individual's compliance with the requirements and prohibitions of their religion;
c) by reference to the holy values of a person's religion, the penalty shall be not less than one year.
(4) (Amended by Law 5377 of 29 June 2005 /Article 15) Where the offence of insult was committed in public, the penalty shall be increased by one sixth.
(5) (Amended by law 5377 of 29 June 2005 /Article 15) In the case of insults to public officials in connection with their efforts working as a committee, the offence shall be deemed to have been committed against all committee members. In such a case, the provisions related to concatenated offences shall be applied.

Determination of the Victim
Article 126 - (1) Where there is no doubt or hesitation as to the character (of the offence) and the target of the insult, it shall be deemed that the target of the insult was named and insulted, even if their name was not openly mentioned when committing the offence of insult or where the accusation was disguised.

Proof of Accusation
Article 127 - (1) The act shall not be punishable if the allegation is proven. The allegation is deemed to have been proven if the insulted person was convicted by a final judgment. In other circumstances, the acceptance of the demand for proof of the allegation shall depend on whether there is a public benefit from the clarification of the truth or falsehood of the allegation, or on whether the complainant consents to proof thereof.
(2) A punishment shall be imposed on any person who insults an individual by reference to that individual's proven act.

Inviolability of allegation and defence
ARTICLE 128 - (1) No penalty shall be imposed on account of any concrete accusations or negative remarks made against persons in the course of written or verbal applications, accusations and defences made to judicial or administrative authorities. However, in such cases, the accusations and assessments must be based on real and concrete facts and be relevant to the dispute in question.

Insult on account of a tort or reciprocal defamation
ARTICLE 129 - (1) Where the offence of insult is committed in response to a tort, the penalty to be imposed on the perpetrator may be reduced by up to one-third or may be cancelled altogether.
(2) No penalty shall be imposed on anyone who insults another person in response to a deliberate wounding inflicted upon him.
(3) In the case of reciprocal insult, depending on the extent of the incident, the penalty to be imposed on one or both of the parties may be reduced by up to one third or punishment may not be imposed.

Insult to the memory of a person
Article 130- (1) Anyone who commits under the testimony of at least three persons an offence of insult to the memory of a dead person shall be imprisoned for a term of three months to two years, or punished by a judicial fine. If the offence is committed in public it shall be increased by one sixth.
(2) If the remains of the deceased or their body is taken or their corpse or bones are subjected to degradation they shall be sentenced a term of imprisonment of from three months to two years.

Condition for investigation and prosecution
ARTICLE 131 - (1) Excluding insults committed against a public officer on account of their duty, the investigation and prosecution of an offence of insult shall be subject to the filing of a complaint by the injured party.
(2) If the injured party dies before filing the complaint or if the offence is committed against the memory of a deceased person, a complaint may be filed by the antecedent or descendant relatives of the deceased up to the second degree or by his spouse or brothers and sisters.

Section 9: Offences against Privacy

Violation of privacy of communication
Article 132 - (1) Anyone who violates the privacy of communication between persons shall be punished by imprisonment of between six months and two years, or with a judicial fine. If the violation is committed by recording the contents of communication, a sentence of between one year and three years' imprisonment may be imposed.
(2) Anyone who unlawfully discloses the contents of communication between persons will be punished by imprisonment of between one and three years.
(3) Anyone who discloses a communication with someone else in public without the consent of the other person will be punished by imprisonment of between six months and two years or a judicial fine.
(4) If the contents of communication between persons are published via press and publications, the sentence will be increased by one half.

Wiretapping and recording of communications
ARTICLE 133 - (1) Anyone who monitors private conversations between persons, without the consent of either of the parties, by means of a tapping device, or who records such conversations by means of a sound recording device, shall be sentenced to imprisonment for a term of from two to six months.
(2) Anyone who records a public conversation without the consent of the other participating speakers by means of a sound recording device shall be sentenced to imprisonment for a term of up to six months or a judicial fine.
(3) Anyone who profits from information which he is known to have obtained or which he may be deemed to have obtained by committing an act referred to in the above paragraphs or who supplies that information to other persons or who enables other persons to obtain information shall be sentenced to imprisonment for a term of from six months to two years and a judicial fine of up to one thousand days. Where such a conversation is published through the medium of the press and publications, the penalty to be imposed shall be the same.

Violation of Privacy
ARTICLE 134 - (1) Anyone who violates the privacy of others' personal lives shall be punished by imprisonment for a term of from six months to two years or an administrative fine. Where the violation of privacy occurs as a result of recording of images or voice/sound, the minimum penalty shall be not less than one year.
(2) Anyone who discloses images or sounds of others' private lives shall be punished by imprisonment for a term of from one to three years. Where the offence is committed through the press or media, the penalty shall be increased by one half.

Recording of personal data
ARTICLE 135 - (1) Anyone who illegally records personal data shall be punished by imprisonment for a term of from six months to three years.
(2) Anyone who illegally records personal information data concerning others' political, philosophical or religious opinions, their racial origins, their unlawful moral tendencies, sexual lives, their health problems or their relations with trade unions shall be punished by imprisonment in accordance with the above provision.

Unlawful acquisition or disclosure of data
ARTICLE 136 - (1) Anyone who imparts to others, distributes or acquires personal data unlawfully shall be punished by imprisonment for a term of from one to four years.

False information concerning Companies and Cooperatives
Article 164 - (1) Founders, partners, administrators, directors or representatives or board members or liquidators of a company or cooperative that supply important false information or permit such information to be supplied in their declarations to the public or reports to the general assembly, or make recommendations that may lead to harm for the concerned party shall be punished by from six months to three years' imprisonment or with a judicial fine of up to 1000 days.

CHAPTER 3 Offences against Society
Section 5: Offences against the Public Peace

Incitement to commit an offence
ARTICLE 214 - (1) Anyone who openly incites another to commit an offence shall be sentenced to imprisonment of from six months to five years.
(2) Anyone who arms one section of the public against another part and incites them to kill each other shall be sentenced to imprisonment of from fifteen to twenty four years.
(3) Where the offences which were incited are actually committed, the inciting person shall be sentenced as having aided and abetted the offences.

Praising offences and offenders
ARTICLE 215 - (1) Anyone who openly praises an offence or praises an offender because of their offence shall be sentenced to imprisonment for up to two years.

Inciting the population to enmity or hatred and denigration
ARTICLE 216- (1) Anyone who openly incites sections of the population to enmity or hatred towards another group on the basis of social class, race, religion, or sectarian or regional difference, in a manner which may present a clear and imminent danger in terms of public safety shall be sentenced to imprisonment of from one to three years.
(2) Anyone who openly denigrates a section of the population on grounds of their social class, race, religion, sectarian, gender or regional differences shall be sentenced to imprisonment of from six months to one year.
(3) Anyone who openly denigrates the religious values of a part of the population shall be sentenced to imprisonment of from six months to one year, where the act is sufficient to breach public peace.

Incitement to disobey the law
ARTICLE 217 - (1) Anyone who openly incites the population to disobey the laws shall be sentenced to imprisonment of from six months to two years or a judicial fine, where the incitement is sufficient to breach public peace.

Common provision
ARTICLE 218 - (1) (Amended by Law No. 5377 of 29 June 2005 Article 25) If the offences defined in the Articles above are committed through the media and press, the penalty shall be increased by one half. However, expressions of thought made with the intention of criticism, and which do not exceed the limits of providing information shall not constitute an offence.

Abuse of religious office in the course of duty
ARTICLE 219 - (1) Anyone who, in the course of their duties as spiritual leader, such as imam, religious orator, preacher, priest or rabbi, publicly reproaches or vilifies the government administration or the laws of the state or the activities of the government, shall be punished by imprisonment of from one month to one year and by a judicial fine or by one of these punishments.
(2) If any of the persons indicated in the paragraph above, use their title of office to reproach or vilify the government administration and the laws and the regulations and orders and any duty or authority of governmental departments; or aids and abets or incites people to disobedience against implementing laws or government orders, or aids and abets or incites civil servants to disobedience in the performance of their duty shall be imprisoned for from three months to two years and shall be punished by a judicial fine, and shall be disqualified, temporarily or for life, from holding such office and from receiving any benefit or allowances attached to that office.
(3) Any religious chief or official who use their title of office to compel or persuade a person to act or to speak contrary to law or lawfully acquired rights, shall suffer the punishment prescribed in the paragraph above.
(4) If any of these persons use their religious title to commit an offence other than those listed above, the penalty prescribed for that offence in the law shall be increased by one sixth and imposed on the offender.
(5) However, the sentence shall not be increased if the law has already taken into consideration the aforementioned status.

Establishing organizations for the purpose of criminal activity
ARTICLE 220- (1) Anyone who establishes or directs organizations for the purpose of criminal activity shall be sentenced to imprisonment of from two to six years provided that the structure of the organization, the number of members, and the quantity of equipment and supplies are sufficient to commit the intended crimes.
(2) Anyone who becomes a member of an organization established for the purpose of criminal activity shall be sentenced to imprisonment of from one to three years.
(3) If the organization is armed, the sentences stated above shall be increased from one fourth to one half.
(4) Any offence committed within the framework of the organization's activities shall be punished separately.
(5) The heads of the organizations shall also be sentenced as the perpetrators of all crimes committed within the framework of the organization's activities.
(6) Anyone who commits a crime on behalf of the organization, even if they are not a member of that organization, shall also be punished for being a member of the organization.
(7) Anyone who aids and abets an organization knowingly and intentionally, even where they do not belong to the hierarchical structure of the organization, shall be punished as a member of the organization.
(8) Anyone who makes propaganda for the organization or its objectives shall be punished by imprisonment of from one to three years. If the said crime is committed through the media and press the sentence shall be increased by one half.

Effective contrition
ARTICLE 221 - (1) No penalty shall be imposed on any founders or administrators of the organization who dissolve or initiate dissolution of the organization by providing information prior to any investigation being launched into the formation of a criminal organization, or prior to any crime being committed to further the organization's aims.
(2) No penalty shall be imposed on any organization member who notifies the authorities of their voluntary dissociation from the organization without having participated in any offence committed by the organization.
(3) No penalty shall be imposed on any organization member apprehended before participating in any crime committed by the organization provided that they repent and provide information likely to lead to the dissolution of the organization or the apprehension of its members.
(4) Penalties for the offence of establishing, administering or becoming a member of a criminal organization shall not be imposed on any person who is the founder, administrator or member of a criminal organization or who is not a member but who commits crimes on behalf of the organization or who assists the organization knowingly and willingly provided that they surrender voluntarily and provide information concerning the structure and activities of the organization. Where the person provides such information after being apprehended, the penalty imposed for the crime shall be reduced by one third to three fourth.
(5) Anyone who benefits under provisions for effective contrition shall be subject to probation for a term of one year. The term of probation may be extended for up to three years.

Hats and Turkish alphabetical characters
ARTICLE 222- (1) Anyone who contravenes the prohibitions or obligations laid down in the Law on the Wearing of Hats (No. 671) of 25.11.1925, and the Law on the Approval and Implementation of Turkish Alphabetical Characters (No. 1353) of 01.11.1928 shall be sentenced to imprisonment of from two to six months.
Section 7: Offences against Public Morality

Indecent acts
Article 225 - (1) Persons who have sexual intercourse in public, or who perform exhibitionism, shall be sentenced to imprisonment for a term of from six months to one year.

Obscenity
ARTICLE 226- (1) a) Anyone who gives or displays to a child products containing obscene visual, printed or audio material, or reads to a child or allows the child to read or listen to such material,
b) Anyone who openly shows the content of such material in places accessible or visible to children, or who openly displays them, who exhibits them in a visible manner, who reads or talks about them to children, or who makes children read or talk about the content of such material,
c) Anyone who presents such products for sale or rental in a manner that reveals the content of the material.
d) Anyone who offers for sale, sells or rents out such products other than at dedicated sales points,
e) Anyone who gives or distributes such products along with other commercial products or services, and who therefore gives them free of charge,
f) Anyone who advertises such products shall be sentenced to imprisonment for a term of six months to two years and a judicial fine of up to 5000 days.
(2) Anyone who broadcasts or publishes obscene images, printed or audio material or who acts as an intermediary for this purpose shall be sentenced to imprisonment for a term of from six months to three years and a judicial fine of up to 5000 days.
(3) Anyone who exploits children in the production of products including obscene images, printed or audio material shall be sentenced to imprisonment for a term of from five to ten years and a judicial fine of up to 5000 days. Anyone who imports such material, who duplicates, offers for sale, sells, transfers, stores, exports, holds in possession or submits it to the use of others shall be sentenced to imprisonment for a term of from two to five years and a judicial fine of up to 5000 days.
(4) Anyone who produces, imports, offers for sale, sells, transfers, stores, exports, provides for the use of others, or stores products containing written material, audio recording or images of sexual acts performed by use of force, with animals, on human corpse, or in other unnatural manners shall be sentenced to imprisonment for a term of from one to four years and a judicial fine of up to 5000 days.
(5) Anyone who broadcasts or publishes the content of such products as those described in paragraphs three and four through the press and other media or who acts as an intermediary for such purpose or who allows children to see, hear or read such material shall be sentenced to imprisonment for a term of from six to ten years and a judicial fine of up to 5000 days.
(6) Protective measures for these offences shall be imposed on legal entities.
(7) With the exception of paragraph three, and provided that access to children is prevented, the provisions of this Article shall not apply to scientific, artistic and literary works.

Section 8: Offences against Family Order

Polygamy, fraudulent marriage and religious marriage
ARTICLE 230 (1) Anyone who, although already married, undergoes a marriage ceremony with someone else shall be sentenced to imprisonment for a term of from six months to two years.
2) Anyone who, although not married, undergoes a marriage ceremony with someone else in the knowledge that the person is already married, shall be sentenced in accordance with the above paragraph.
3) Anyone who undergoes a marriage ceremony while concealing their real identity shall be sentenced to imprisonment for a term of from three months to one year.
4) The limitation period in respect of the above offences shall become operative as from the date on which the annulment of the marriage becomes final.
5) Anyone who holds a religious marriage ceremony without a civil marriage shall be sentenced to imprisonment for a term of from two to six months. However, if a civil marriage is carried out, any public legal proceedings, sentences and other consequences thereof shall be cancelled.
6) Anyone who performs a religious marriage ceremony without seeking a document verifying that a marriage contract has been concluded in accordance with the law shall be sentenced to imprisonment for a period of two to six months.

Chapter 9: Offences concerning Economy, Industry and Trade

Influencing Prices
Article 237 - (1) Anyone who intentionally spreads false news or resorts to other forms of deception that may result in an increase or decrease of workers' wages or foodstuffs and goods shall be sentenced to imprisonment for between three months and two years, or given a judicial fine.
(2) If workers' wages or the price of foodstuffs and goods increase or decrease after the offence the sentence shall be increased by one third.
(3) If the perpetrator is a dealer or a stockbroker the sentence shall additionally be increased by one eighth.

Revealing confidential commercial, banking or customer information
Article 239 - (1) Anyone who, through their position or duty, profession or craft announces or discloses information and documents to which they are party and which contain confidential commercial, banking or customer information to unauthorized persons shall be punished on complaint to imprisonment of from one to three years and a judicial fine of up to 5000 days. If the information and documents have been obtained in an unlawful manner and supplied to unauthorized persons the sentence shall be applied according to this provision.
(2) The provision of the first paragraph shall also apply to information relating to scientific inventions and industrial applications.
(3) If confidential information is revealed to an alien not resident in Turkey or their employees the sentence shall be increased by one third. In this case no formal complaint is required.
(4) Anyone who uses violence or threats to induce someone to provide information and documents described in this Article shall be punished with imprisonment between three and seven years.

CHAPTER 4 Offences against the Nation and State and Final Provisions
Section 1: Offences against the credibility and functioning of Public Administration

Dereliction or refusal of public duty
Article 260 - (1) Public personnel who jointly and contrary to law abandon their duty, fail to appear for duty or temporarily or in part fail to fulfil their duty or slow down their work shall individually be sentenced to imprisonment for between three months and one year. If the act does not involve more than three civil servants no sentence shall be passed.
(2) If public personnel stop working temporarily or for short terms or slow down their work in connection with their professional and social rights, the sentences shall be reduced or not imposed.

Unlawful education institutions
ARTICLE 263 - (1) (Amended by Law 5377 dated 29 June 2005/Article 29) Anyone who unlawfully opens or operates an educational institution shall be sentenced to judicial fine or imprisoned for from three months to one year.

Section 2: Offences against the Judiciary

Influencing members of the judiciary
Article 277 - (1) Anyone who attempts unlawfully to influence members of the judiciary by giving instructions, exerting pressure or influence for or against one or more of the parties in a trial, defendants, intervening parties or victims shall be punished with imprisonment of from two to four years. If the attempt does not go beyond the level of recommendation the sentence shall be imprisonment of from six months to two years.

Failure to report the offence
ARTICLE 278- (1) Anyone who fails to inform competent authorities of the commission of a crime shall be imprisoned for up to one year.
(2) Anyone who fails to report to competent authorities a crime which has been committed but the consequences of which can still be limited, shall be punished in accordance with the provision in the paragraph above.
(3) Where the victim is a juvenile under fifteen years of age, or a person who is physically or mentally disabled, or a pregnant woman who cannot defend herself, the penalty to be imposed in accordance with the paragraphs above shall be increased by one half.

Violation of Confidentiality
Article 285 - (1) Anyone who publicly breaches the confidentiality of an investigation shall be sentenced to imprisonment of from one to three years. In the case of breaches of confidentiality with respect to decisions taken during investigation that are confidential by law, and for procedures carried out in accordance with such decisions, the offence shall be deemed to have occured even where it was not committed publicly.
(2) Anyone who publicly breaches the confidentiality of declarations or images produced in hearings that according to the law had to be held or had been decided to be held in closed session shall be sentenced according to the provision in paragraph 1. Where the protection of a witness is an issue, the offence shall be deemed to have occurred even where it was not committed publicly.
(3) The sentence shall be increased by one half if the offences are committed by means of the press or publication.
(4) If, during the investigation and prosecution stages, images are published that label persons as guilty, a sentence of imprisonment of from six months to two years shall be imposed.

Audiovisual recording
Article 286 - (1) Anyone who, without authorization, records or transmits sound or images during an investigation or prosecution shall be sentenced to up to six months' imprisonment.

Genital examination
ARTICLE 287- (1) Anyone who without the permission of the authorized judge or prosecutor refers a person for genital examination or performs such an examination shall be sentenced to a term of imprisonment of from three months to one year.
(2) The above provision shall not apply to examinations conducted under laws and regulations for protection of public health and prevention of contagious diseases.

Attempt to Influence Fair Trial
Article 288 - (1) Anyone who makes verbal or written statements in public in order to influence a prosecutor, judge, court, expert or witnesses before an investigation and prosecution has concluded with a legally binding verdict shall be sentenced to imprisonment for from six months to three years.
(2) (Removed by Law 5377 of 29 June 2005)

Obstruction of the exercise of rights and nutrition
Article 298 - (1) Anyone who in any way obstructs convicted or remanded prisoners in correctional centres and prisons from communicating, meeting their visitors, participating in education and sport as part of rehabilitation and educational programs, in activities of training for a profession or in studio activities or any other social and cultural activity, from being examined and treated by physicians attached to the institution, from appointing legal counsel or lawyer, from meeting with them, from attending court or the public prosecutor, from meeting representatives of the institution, or prevents prisoners who have completed their sentence from leaving the institutions, and anyone who aids and abets convicted or remanded prisoners or gives orders to such ends or who obstructs convicted and remand prisoners from taking advantage of such meetings and contacts as they are entitled under regulations shall be sentenced to imprisonment of from one to three years.
(2) Anyone who obstructs the nutrition of convicted and remand prisoners shall be sentenced to imprisonment of from two to four years. Urging or persuading convicted and remand prisoners to go on hunger strike or death fast or giving directives to such an end shall be deemed obstruction of nutrition.
(3) If obstruction of nutrition results in an aggravated form of intentional physical harm or death, sentences for intentional bodily harm or intentional killing shall be applied.
Section 3: Offences against the Symbols of and Respect for the Sovereignty of the State

Insulting the President of the Republic
ARTICLE 299- (1) Anyone who insults the President of the Republic shall be imprisoned for a term of from one to four years.
(2) (Amended by Law 5377 dated 29 June 2005/Article 35) Where the offence is committed in public, the sentence shall be increased by one sixth.
(3) Initiation of a prosecution for this offence shall be subject to authorization by the Minister of Justice.

Insulting the symbols of the sovereignty of the State
ARTICLE 300 - (1) Anyone who publicly tears, burns or otherwise denigrates the Turkish flag shall be sentenced to imprisonment of from one to three years. This provision shall apply to all manner of signs bearing the white crescent and star on a red ground described in the Constitution as a symbol of the sovereignty of the State of the Republic of Turkey.
(2) Anyone publicly denigrating the National Anthem shall be sentenced to imprisonment of from six months to two years.
(3) If the crime defined in the present paragraph is committed by a Turkish citizen in a foreign country, the penalty shall be increased by one third.

Insulting Turkishness, the Republic, the organs and institutions of the State
ARTICLE 301- (1) Anyone who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey shall be punished with imprisonment of from six months to three years.
(2) Anyone who publicly insults the Government of the Republic of Turkey, the judicial bodies of the state, the military or police shall be punished with imprisonment of from six months to two years.
(3) Where a Turkish citizen denigrates Turkishness in a foreign country, the penalty shall be increased by one third.
(4) Expressions of opinion with the intention of criticism shall not incur punishment.

Section 4: Offences against State Security

Disrupting the unity and integrity of State
ARTICLE 302-(1) (Amended by Law 5377 dated 29 June 2005 /Article 36) Anyone who commits an act aimed at placing the territory of the nation wholly or partially under the sovereignty of a foreign country, undermining the independence of the nation, destroying its unity, or separating a portion of those territories under the sovereignty of the country from the country's administration, shall be sentenced to strict life imprisonment.
(2) Where other crimes are committed during the commission of this crime, relevant provisions shall also apply for the punishment of such offences.
(3) Legal entities shall also be subject to protective measures for these offences defined in this article.

Collaboration with an enemy
ARTICLE 303- (1) Anyone who accepts service in the army of a state which is at war with the Turkish Republic, or who takes the side of an enemy state in an armed struggle against the State of the Republic of Turkey shall be punished with life imprisonment.
(2) Any citizen who assumes any commanding rank in the army of an enemy state shall be sentenced to strict life imprisonment.
(3) Where other crimes are committed during the commission of the crimes stated in paragraphs 1 and 2, relevant provisions shall also apply for the punishment of such offences.
(4) Persons who are on the territory of an enemy state in time of war and who are obliged to serve in the army of that state shall not be punished.

Incitement to war against the State
ARTICLE 304- (1) Anyone who incites the authorities of a foreign state to wage war or to conduct hostile movements against the State of the Republic of Turkey or who cooperates with the authorities of a foreign state to that end shall be sentenced to imprisonment of from ten to twenty years.
(2) In the application of this Article, the direct or indirect support of organizations established to commit crimes against the Turkish State shall be deemed an act of hostility.
(3) Legal entities shall be subject to protective measures in respect of offences described in this Article.

Obtaining material advantage for activities contrary to the fundamental national interests
Article 305 - (1) (Amended by Article 38 of Law 5377 of 29 June 2005) Any citizen or foreigner resident in Turkey who gains material advantage for themselves or for others, directly or indirectly, from foreigners or foreign organizations in exchange for committing acts contrary to fundamental national interests shall be sentenced to imprisonment of from three to ten years and a judicial fine of up to ten thousand days. The same sentence shall be given to those who provide or promise such advantage.
(2) (Amended by Article 38 of Law 5377 of 29 June 2005) Where the act is committed during time of war, the sentence shall be increased by one half.
(3) If the offence is committed other than in time of war, the prosecution of the offence shall be subject to authorization by the Minister of Justice.
(4) The term "fundamental national interests" shall mean independence, territorial integrity, national security and the fundamental characteristics defined in the Constitution of the Republic.

Recruitment of soldiers against a foreign power
ARTICLE 306 - (1) Anyone who without authorization recruits soldiers or engages in other hostile activities against a foreign state in a manner which exposes the Turkish State to the risk of war shall be sentenced to imprisonment of from five to twelve years.
(2) If war occurs as the result of such an act, the penalty shall be life imprisonment.
(3) If the act merely impairs political relations with the foreign state or exposes the Turkish State or Turkish citizens to the risk of retaliation, the perpetrator shall be sentenced to imprisonment of from two to eight years.
(4) If political relations are broken off or retaliation takes place, the perpetrator shall be sentenced to imprisonment of from three to ten years.
(5) The prosecution of the offence referred to in this article is subject to authorization by the Minister of Justice.
(6) This article shall not be applicable to resistance movements aimed at self defence against the forces of a foreign country which invade part or all of the territory of the state during time of war.

Destruction of military facilities and conspiracy to the advantage of enemy military movements
ARTICLE 307 - (1) Anyone who, partially or completely destroys or temporarily renders unusable land, transport vehicles, maritime transport vessels or aircraft, roads, establishments, depots and other military facilities belonging to or supplied for the services of the armed forces of the state, notwithstanding that their construction has not yet been completed, shall be sentenced to imprisonment for a term of from six to twelve years.
(2) The penalty of strict life imprisonment shall be imposed in the following cases:
a. where the act has been committed for the benefit of a state with which Turkey is at war,
b. where the act has jeopardized the state's preparations for war or its power and capacity to wage war or conduct military movements.
(3) If the act has occurred or has merely been facilitated by the fault of a person who is in charge of or tasked with guarding and supervising the buildings, facilities and goods stated in paragraph one, the person responsible shall be sentenced to imprisonment for a term of from one to five years.
(4). A person who conspires with an alien in time of war for the purpose of facilitating the movements of enemy armed forces to the detriment of the Turkish State, or for the purpose of disrupting the military movements of the Turkish State, or who, notwithstanding the absence of conspiracy, commits acts intended to achieve the same results, shall be sentenced to imprisonment for a term of from ten to fifteen years.
(5) If the enemy military movements have actually been facilitated or the military movements of the Turkish State have actually been harmed as a result of the act defined in paragraph four, the perpetrator shall be sentenced to strict life imprisonment.
(6) The same penalty shall be imposed on any foreigner with whom the perpetrator of the offences referred to in the fourth and fifth paragraphs has conspired.
(7) The punishment in this article shall also be applicable if the actions stated above are committed in Turkey to the detriment of a state which has a military alliance or agreement with the Turkish State.

Material and financial aid to enemy States
ARTICLE 308 - (1) Any citizen who in time of war gives to an enemy state any form of goods which may be used to the detriment of the Turkish State in return for benefits or without benefits, directly or indirectly, shall be sentenced to imprisonment for a term of from five to fifteen years. The same penalty shall also be imposed on an alien residing in Turkey.
(2) The same penalty shall be imposed on any citizen or foreigner residing in Turkey who in time of war participates in borrowing or in payments made for any reason for the benefit of the enemy state, or who facilitates the relevant procedures.
(3) With the exception of the cases referred to in the first paragraph, a citizen or foreigner residing in Turkey who directly or indirectly engages in trade with a citizen of an enemy state, irrespective of his whereabouts, or with other persons residing in the territory of an enemy state to the detriment of the Turkish State or in a manner likely favourably to influence the power of the enemy state to wage war, notwithstanding that such trade was initiated prior to the war, shall be sentenced to imprisonment for a term of from two to five years and a judicial fine of up to ten thousand days.
(4) The provisions of this article shall also apply to any actions described in the above paragraphs that are committed to the detriment of a state which has a military alliance or agreement with the Turkish State.

Section 5: Offences against the Constitutional order and its Functioning

Violation of the Constitution
ARTICLE 309- (1) Anyone who attempts to destroy the order established by the Constitution of the Republic of Turkey, or to replace it with another order, or to prevent the actual implementation of that order by the use of force or violence shall be sentenced to strict life imprisonment.
(2) Where other crimes are committed during the commission of this crime, relevant provisions shall also apply for the punishment of such offences.
(3) If the crimes listed are committed by legal persons they shall be punished by appropriate protective measures.

Armed Uprising against the Government of the Turkish Republic
Article 313 - (1) Anyone who incites the people to an armed uprising against the government of the Turkish Republic shall be sentenced to imprisonment of from fifteen to twenty years. If the uprising occurs, the inciting person shall be sentenced to imprisonment of from twenty to twenty five years.
(2) Whoever directs an armed uprising against the government of the Turkish Republic shall be sentenced to life imprisonment. Any other participants shall be sentenced to imprisonment of from six to ten years.
(3) If the offences described in paragraph one and two are committed by taking advantage of opportunities provided by the state being in a state of war, strict life imprisonment shall be imposed.
(4) If other offences are committed during the commission of the offences described in paragraph one and two, they shall be punished separately.

Section 6: Offences against National Defence

Discouraging people from performing military service
ARTICLE 318 - (1) Anyone who instigates, recommends or spreads propaganda which results in discouraging people from performing military service shall be sentenced to imprisonment of from six months to two years.
(2) If the act is committed through press and publications, the penalty shall be increased by one half.

Incitement of military personnel to disobedience
ARTICLE 319 - (1) Anyone who induces, aids or abets military personnel or other officials attached to the military authorities to disobey laws or to break their oaths or to violate military discipline or neglect their duties relating to military service, and anyone who, in front of military personnel, praises or endorses actions which violate laws or oaths or discipline or other duties shall be sentenced to imprisonment of from one to three years.
(2) If the act has been committed in public, imprisonment of from two to five years shall be imposed.
(3) If the act has been committed in time of war, the penalty shall be doubled.

Dissemination of false information in time of war
ARTICLE 323 - (1) Anyone who disseminates or broadcasts unfounded or exaggerated news or information in a manner which is likely to provoke public concern and alarm or undermine public morale or national resistance against an enemy, or carries out any activity which could damage fundamental national interests in time of war shall be sentenced to imprisonment of from five to ten years.
(2) If the act has been committed
a) by propaganda,
b) is directed towards military personnel,
c) consequent to an agreement with an alien,
the penalty shall be imprisonment of from ten to twenty years.
(3) If the act has been committed as the result of an agreement with the enemy, life imprisonment shall be imposed.
(4) Anyone who carries out actions intended to lower the value of foreign exchange or to influence the value of public bonds in a manner that may undermine national resistance against the enemy in time of war shall be sentenced to imprisonment of from five to ten years and a judicial fine of up to three thousand days.
(5) Where the act referred to in the fourth paragraph is committed as the result of an agreement with an alien, the penalty shall be increased by one half, and if it is the result of an agreement with the enemy, the penalty shall be doubled.
Section 7: Offences against State secrets and Espionage

Documents relating to State security
ARTICLE 326- (1) Anyone who partially or completely destroys or damages documents or records relating to the security or internal or external political interests of the state or who falsifies them, or uses them even temporarily in a place other than the place to which they have been assigned or who takes them fraudulently or steals them shall be sentenced to imprisonment for a term of from eight to twelve years.
(2) Where the above acts are committed during time of war or jeopardize the state's preparations for war or effectiveness in war or military movements, the penalty shall be life imprisonment.

Obtaining information relating to State security
ARTICLE 327- (1) Anyone who obtains information that should be held secret in order to protect the security of the state, internal or external political interests or because of its intrinsic nature, shall be sentenced to imprisonment of from three to eight years.
(2) Where the act is committed in time of war or has endangered the state's preparations for war or effectiveness in war or military movements, the penalty shall be life imprisonment.

Disclosure of information relating to the security and political interests of the State
ARTICLE 329- (1) Anyone who discloses information that should be held secret in order to protect the security of the state, internal or external political interests or because of its intrinsic nature, shall be sentenced to imprisonment of from five to ten years.
(2) Where the act is committed in time of war or has endangered the state's preparations for war or effectiveness in war or military movements, imprisonment of from ten to fifteen years shall be imposed.
(3) Where the act resulted from negligence on the part of the offender, the latter shall be sentenced to imprisonment of from six months to two years in cases under paragraph one, and from three to eight years in cases under paragraph two.

Disclosure of classified information
ARTICLE 330 - (1) Anyone who, in the course of political or military espionage, discloses information that should be held secret on grounds of the security of the state, internal or external political interests or its intrinsic nature, shall be sentenced to life imprisonment.
(2) If the act was committed in time of war or endangered the state's preparations for war or effectiveness in war or military movements, strict life imprisonment shall be imposed.

International espionage
ARTICLE 331 - (1) Any Turkish citizen who, in the course of political or military espionage for the benefit of a foreign state, procures information which should be held secret on grounds of the security or internal or external political interests of another foreign state or an alien who has procured such information in Turkey shall be sentenced to imprisonment for a term of from one to four years.

Obtaining prohibited information
Article 334 - (1) Whoever obtains information that has been prohibited by the competent authorities through laws or regulatory procedures and whose nature requires it to be kept secret shall be sentenced to imprisonment of from one to three years.
(2) If the act has been committed during time of war or has endangered the state's preparations for war or effectiveness in war or military movements, imprisonment of from five to ten years shall be imposed.

Disclosure of prohibited information
ARTICLE 336- (1) Anyone who, in breach of prohibitions applied by competent authorities through laws or regulatory procedures, discloses information whose nature requires it to be held secret shall be sentenced to imprisonment of from three to five years.
(2) Where the act has been committed during time of war or has endangered the state's preparations for war or effectiveness in war or military movements, imprisonment of from ten to fifteen years shall be imposed.
(3) Where the act has resulted from negligence on the part of the offender, the latter shall be sentenced to imprisonment of from six months to two years in cases under paragraph one and of from three to eight years in the case under paragraph two.

Disclosure of prohibited information with the purpose of political or military espionage
Article 337 - (1) Anyone who, in the course of political or military espionage, and in contravention of prohibitions applied by competent authorities through laws or regulations, discloses information whose nature requires it to be held secret shall be sentenced to imprisonment of from ten to fifteen years.
(2) Where the act is committed in time of war or has endangered the state's preparations for war or effectiveness in war or military movements, the sentence shall be strict life imprisonment.

Possession of documents concerning the security of the State
Article 339 - (1) Anyone captured with documents or similar that may provide information that should be held secret in order to protect the security of the state or the state's internal or external political interests or by reason of its intrinsic nature and who cannot show reasonable grounds for possessing them shall be sentenced to imprisonment of from one to five years.
(2) Where the act is committed in time of war, the sentence shall be three to eight years.

Insulting the flag of a foreign State
Article 341 - (1) Whoever publicly reviles the officially flown flag of a foreign state or other symbols of sovereignty thereof shall be sentenced to imprisonment of from three months to one year.
(2) Investigations and prosecutions shall be subject to complaint by the state in question.