Introduction
In criminal law, the “place where a crime is committed” is not merely a geographical address. It is a legal concept that determines whether Turkish criminal law applies, which public prosecutor’s office may conduct the investigation, which court has territorial jurisdiction, where evidence should be collected, and whether an objection to jurisdiction may be raised.
Under Turkish criminal law, the concept of place must be examined in two different dimensions. The first dimension concerns the territorial application of Turkish criminal law under Article 8 of the Turkish Criminal Code. The second dimension concerns the competent court within Turkey under Article 12 of the Turkish Criminal Procedure Code. Article 8 provides that Turkish law applies to crimes committed in Turkey and that a crime is deemed to have been committed in Turkey if the act is committed wholly or partly in Turkey or if the result occurs in Turkey. Article 12 provides that, as a general rule, the court of the place where the crime was committed has jurisdiction, with special rules for attempts, continuous offences, successive offences and crimes committed through printed publications.
1. What Does “Place” Mean in Criminal Law?
The concept of place in criminal law refers to the legally relevant location where the elements of an offence occur. However, many crimes are not limited to a single physical act in a single location. In some cases, the conduct takes place in one city while the harmful result occurs in another. In other cases, the offence continues over a period of time or is committed through multiple acts in different locations. In modern criminal cases, especially cybercrime and fraud cases, the offender, the victim, the server, the bank account and the financial loss may all be located in different jurisdictions.
For example, if a person located in Istanbul deceives a victim in Ankara through the internet, the place of commission cannot always be limited to the offender’s physical location. The place where the victim was deceived, where the financial loss occurred, where the money was transferred, and where the digital evidence is stored may all be legally relevant.
Therefore, determining the place of commission requires a combined legal and factual analysis. The court or prosecutor must consider the statutory elements of the offence, the location of the act, the location of the result, the victim’s position, the flow of money, digital traces and the nature of the criminal conduct.
2. Territorial Application of Turkish Criminal Law Under Article 8
The main principle under Turkish criminal law is the territoriality principle. In simple terms, crimes committed in Turkey are subject to Turkish criminal law. However, Turkish law does not define territorial commission narrowly. It is not necessary for the entire criminal act to be committed within Turkey.
If the act is committed partly in Turkey, wholly in Turkey, or if the result occurs in Turkey, the crime may be deemed to have been committed in Turkey. This reflects the so-called ubiquity principle, under which both the place of conduct and the place of result may be taken into account.
This rule is particularly important in cross-border crimes. A person may act abroad but cause harm in Turkey. A fraudulent instruction may be sent from another country, but the victim’s bank account in Turkey may be emptied. A cyberattack may be initiated outside Turkey, but the affected system or financial loss may be located in Turkey. In such situations, Turkish criminal jurisdiction may become relevant if the legal elements of Article 8 are satisfied.
Article 8 also extends the concept of Turkish territory to certain areas beyond ordinary land territory. Turkish airspace, territorial waters, Turkish ships and aircraft in certain circumstances, Turkish military vessels and aircraft, and fixed platforms located in Turkey’s continental shelf or exclusive economic zone may also be relevant for determining whether a crime is deemed to have been committed in Turkey.
3. How Is the Place of Commission Determined?
The first step is to identify the type of offence. Not all crimes have the same legal structure. Some offences are completed by the act itself. Others require a harmful result. Some offences continue over time. Others are committed through repeated acts.
In conduct crimes, where no separate result is required, the place where the prohibited act is performed will generally be decisive. For example, if the criminal definition is completed by carrying an unlawful weapon, making an unlawful statement or performing a prohibited act, the location of the act is central.
In result crimes, the act and the result may occur in different places. For example, the offender may commit the act in one city while the victim dies or suffers damage in another. In such cases, both the place of conduct and the place of result must be examined. This is why Article 8 is especially significant: it allows Turkish law to apply where the result occurs in Turkey, even if the act was committed elsewhere, depending on the facts of the case.
In cases of attempt, the offence is not completed because the intended result does not occur. Under Article 12 of the Criminal Procedure Code, the place where the last executive act was performed is relevant for determining the competent court.
In continuous offences, the crime continues for a certain period. Deprivation of liberty is a typical example. The place where the offence ends or where the unlawful situation is interrupted may be significant for jurisdiction.
In successive offences, where the offender commits the same offence more than once under a single criminal intent, the place of the last offence may determine jurisdiction under Turkish criminal procedure rules. This is particularly important in repeated fraud, harassment, threats or cyber-related offences.
4. Difference Between Applicable Law and Competent Court
A common mistake is to confuse two separate questions: “Is the crime deemed to have been committed in Turkey?” and “Which court in Turkey has jurisdiction?”
The first question is a matter of substantive criminal law and is mainly connected to Article 8 of the Turkish Criminal Code. It concerns the state’s power to apply Turkish criminal law.
The second question is procedural. Once Turkish jurisdiction exists, Article 12 of the Criminal Procedure Code helps determine which local court within Turkey should hear the case. Therefore, Article 8 answers the question of whether Turkish law can apply, while Article 12 answers the question of which court in Turkey is territorially competent.
This distinction is crucial for defence strategy. If the defence argues that Turkish criminal law does not apply at all, the objection concerns the broader issue of criminal jurisdiction. If the defence argues that another court within Turkey should hear the case, the objection concerns territorial venue.
5. Place of Commission in Cybercrime Cases
Cybercrime creates some of the most complex problems regarding the place of commission. The offender may be abroad, the victim may be in Turkey, the server may be in another country, and the financial loss may occur through several bank or crypto accounts.
In offences such as online fraud, unlawful access to information systems, theft of personal data, account takeover, online threats, blackmail, social media defamation, phishing and crypto asset fraud, the place of commission must be determined by examining all relevant elements. The offender’s location, the victim’s location, the location of the affected system, the place where money was transferred, the place where the loss occurred, and the location of digital evidence may all be significant.
For example, if a person abroad unlawfully accesses a Turkish bank account and transfers funds out of the account, the fact that the offender was abroad does not automatically exclude Turkish criminal jurisdiction. If the result or financial loss occurred in Turkey, Article 8 may become relevant. However, every case requires a careful legal analysis. The mere fact that online content is accessible from Turkey does not always mean that a crime has been committed in Turkey.
In cybercrime investigations, IP logs, bank records, communication data, platform records, server logs, crypto wallet addresses, transaction histories and digital forensic reports are often decisive.
6. Social Media Defamation and Threats
The place of commission is also important in defamation and threat offences committed through social media. The offender may publish the content from one city, the victim may read it in another city, and the platform may be operated from abroad.
In face-to-face defamation, the place where the words were spoken is often clear. In online defamation, however, several locations may be relevant: the place where the message was sent, the place where the victim received or became aware of it, the place where the content became publicly accessible, and the place where digital evidence was obtained.
The correct approach is to identify where the legal elements of the offence occurred. The method of publication also matters. A private message, a public post, a comment, a video, a live broadcast or a tagged post may require different factual assessments.
7. Fraud and the Place of Commission
In fraud cases, the place of commission may be connected to the place where the deceptive act was performed, where the victim was deceived, where the unlawful benefit was obtained, and where the financial damage occurred.
For example, an offender may publish a fake advertisement from Antalya, deceive a victim in Istanbul, receive money in a bank account in Ankara and withdraw it in Izmir. In such a case, it may be legally inaccurate to focus on only one location. The prosecutor must examine where the deception started, where it affected the victim, where the money moved, and where the harmful result occurred.
For victims, determining the correct place of commission is important for filing an effective criminal complaint, freezing accounts quickly, preserving digital evidence and preventing further loss. For defence lawyers, it may be relevant for challenging territorial jurisdiction or questioning whether the legal elements of the offence occurred in the alleged place.
8. Crimes Committed Through Printed Publications
Turkish criminal procedure law contains a special rule for offences committed through printed publications. In such cases, the court of the place where the publication center is located is generally competent. If the same publication is printed in more than one place and the offence occurs in a print outside the publication center, the court of the place of printing may also have jurisdiction.
This rule may apply to newspapers, magazines, books, brochures or other printed materials. However, online publications must be assessed separately because internet content has different technical features.
9. Omissions and the Place of Commission
In omission offences, criminal responsibility arises from the failure to perform a legally required act. Therefore, the place where the legal duty should have been performed is usually important.
For example, the relevant place may be the workplace where an employer failed to take safety measures, the hospital where a medical intervention should have been performed, or the public office where a public official had a legal duty to act. Since omission offences do not always involve a visible physical act, the location of the legal duty becomes central.
10. Participation in Crime
When a crime is committed by more than one person, determining the place of commission may become more complicated. The principal offender, instigator and aider may all be in different locations. One person may plan the crime, another may communicate with the victim, another may receive the money, and another may carry out the final act.
In such cases, the analysis should not be limited to the location of one participant. The acts of all participants, the place of the result, the flow of benefit and the overall criminal plan must be examined.
Conclusion
The place where a crime is committed is a fundamental concept in Turkish criminal law. It determines not only the applicable criminal law but also the competent court, the direction of the investigation and the procedural strategy of both the victim and the accused.
Under Article 8 of the Turkish Criminal Code, a crime may be deemed to have been committed in Turkey if the act is committed wholly or partly in Turkey or if the result occurs in Turkey. Under Article 12 of the Turkish Criminal Procedure Code, the competent court is generally the court of the place where the crime was committed, with special rules for attempts, continuous offences, successive offences and printed publications.
For this reason, the place of commission must be assessed carefully in every criminal case. This is especially true in cybercrime, fraud, social media offences, international crimes, continuous offences and successive offences. A correct determination requires a detailed examination of the act, the result, the victim’s location, digital evidence, financial records, the offender’s conduct and the applicable jurisdiction rules.
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