Crimes Against Liberty and the General Framework Under the Turkish Penal Code
One of the most fundamental constitutional values that individuals possess within our legal system is the right to personal liberty and security. Crimes against liberty, regulated as the seventh section of the “Crimes Against Persons” chapter in the Special Provisions Book of the Turkish Penal Code (TPC) No. 5237, impose criminal sanctions on acts that unlawfully restrict individuals’ freedom of will, freedom of movement, and their ability to make decisions regarding their own lives. Personal liberty, guaranteed under Article 19 of the Constitution, is protected with great care not only against unlawful interference by the state but also against unjust interventions by third parties.
In this section, the legislator addresses, at different levels, situations where an individual’s will is impaired or their physical freedom of movement is taken away. The fundamental philosophy behind crimes against liberty is the protection of an individual’s ability to act according to their own free will. These crimes generally appear in different forms, such as restricting physical freedom of movement, keeping a person’s will under pressure, violating the confidentiality of private life, and preventing the freedom to work. Within the structure of the Turkish Penal Code, these crimes are regulated in detail under provisions such as deprivation of liberty of a person (TPC Article 109), threat (TPC Article 106), blackmail (TPC Article 107), coercion (TPC Article 108), violation of the inviolability of residence (TPC Article 116), and prevention of freedom of work and employment (TPC Article 117).
In criminal law doctrine, when crimes against liberty are examined, situations such as “the elimination of freedom of movement” or “the impairment of free will,” which constitute the material elements of the crime, are of great importance. It is generally observed that perpetrators focus on breaking the victim’s will, creating fear, or making the victim physically unable to move while committing these crimes. The law includes aggravated circumstances that increase penalties depending on the manner in which the crime is committed, the means used (such as weapons or coercion), the characteristics of the victim (such as being a child, pregnant, or unable to defend themselves), and the duration of the act.
TPC Article 109: The Crime of Deprivation of Liberty and Its Aggravated Forms
The crime of deprivation of liberty of a person, regulated under Article 109 of the Turkish Penal Code, is one of the most serious crimes against liberty, punishing the unlawful removal of a person’s freedom of movement. For the crime to occur, the victim’s will to move from one place to another or to remain where they are must be prevented through force, threat, deception, or another method. This crime is considered a crime that can be committed through various forms of action. It may occur by taking the victim to another location by vehicle, locking them in a room, or physically restraining them. The legal interest protected by this crime is the individual’s freedom of movement and travel.
In addition to the basic form of deprivation of liberty, the aggravated circumstances increasing punishment are listed in detail under Article 109/2 of the Turkish Penal Code. Accordingly, if the crime is committed:
- By using a weapon,
- By multiple persons acting together,
- By causing the person to suffer physical or psychological pain (for example, through torture-like treatment),
- By abusing the authority provided by a public duty,
- Within the framework of family relationships such as between an ascendant, descendant, spouse, or sibling,
- Against a child or a person who is unable to defend themselves physically or mentally,
the imprisonment penalties to be imposed are increased significantly.
Furthermore, if aggravated consequences of the crime of intentional injury occur against the victim during the commission of the offence, the provisions concerning intentional injury are also applied separately. However, if after committing the crime the perpetrator voluntarily releases the victim and leaves them to an official authority or their family, demonstrating remorse, the court may reduce the penalty.
TPC Articles 106 and 107: Crimes of Threat and Blackmail
Among the crimes against liberty, two of the most common acts targeting an individual’s psychological integrity and freedom of decision-making are the crimes of threat (TPC Article 106) and blackmail (TPC Article 107).
The crime of threat is committed by informing a person that an attack will be carried out against their life, bodily integrity, sexual inviolability, or property. In the legal text, threat is divided into two categories: lighter forms, such as threats involving damage to property, and more serious forms involving threats against life or physical integrity. If the crime is committed with a weapon, by multiple persons acting together, by taking advantage of the victim’s inability to defend themselves, or by exploiting the intimidating power created by criminal organizations, the penalty is increased. While the basic forms of threat are generally subject to complaint, aggravated forms are investigated automatically by judicial authorities.
The crime of blackmail, on the other hand, involves forcing a person to do or refrain from doing something by threatening to commit or disclose an unlawful act that could damage their honour, reputation, or cause significant harm to their property. In blackmail, the perpetrator aims to obtain an advantage by putting pressure on the victim’s will or forcing the victim to engage in behaviour they do not want to perform. The punishment for blackmail includes imprisonment and a judicial fine, and this crime is also among the offences that generally require a complaint.
In legal doctrine, these two types of crimes are considered forms of psychological attacks that harm an individual’s inner peace and freedom of will. While the element of intimidation is dominant in the crime of threat, the essential element in blackmail is the purpose of obtaining a benefit or unlawfully directing another person’s will (for example, obtaining an advantage by threatening to disclose confidential information). In the decisions of the Court of Cassation, whether a threat or blackmail has occurred is carefully examined based on the specific circumstances of each case, particularly whether the statement of intent was capable of creating serious fear and anxiety in the victim.
TPC Articles 116 and 117: Violation of the Inviolability of Residence and Prevention of Freedom to Work
Articles 116 and 117 of the Turkish Penal Code regulate unlawful interference with individuals’ living spaces, private lives, and employment rights. These provisions constitute important elements of crimes against liberty that protect social and economic life.
The crime of violation of the inviolability of residence (TPC Article 116) is committed by entering a person’s residence or its extensions without their consent, or by refusing to leave after entering despite the person’s lack of consent. This crime protects not only residences but also workplaces and their extensions. The law considers an individual’s right to live peacefully and securely as an absolute value.
The aggravated forms of violation of the inviolability of residence include:
- Committing the act by using force or threat,
- Committing the act during nighttime,
- Committing the act jointly by more than one person,
- Committing the act while armed,
- Abusing the authority provided by a public duty.
On the other hand, the crime of preventing freedom of work and employment (TPC Article 117) punishes violations of the freedom to work through the use of force, threat, or other unlawful acts. In particular, preventing the exercise of trade union rights or pressuring workers in relation to their employment rights may fall within the scope of this provision.
Situations such as raiding workplaces, forcing employees to work through threats, or unlawfully preventing the exercise of strike or lockout rights constitute the material elements of this crime.
Investigation, Prosecution Processes, and Evidence Collection in Judicial Proceedings
Investigation and prosecution procedures for crimes against liberty vary depending on the manner in which the crime is committed (for example, continuing offences such as deprivation of liberty or immediate offences such as threats and blackmail).
In proving these crimes, the victim’s statements, HTS (telephone communication) records, base station signals, camera recordings, witness statements, and digital correspondence (SMS, e-mails, social media messages) constitute critical evidence. Particularly in threat and blackmail cases, the lawful collection and submission of digital materials as evidence can directly affect the course of the proceedings.
The main procedural and practical issues that must be considered in legal proceedings are as follows:
Complaint Periods and Procedure of Prosecution
The basic forms of threat, violation of the inviolability of residence, and blackmail are crimes subject to complaint. The victim must exercise their right to file a complaint within six months from the date they learn of the act and the perpetrator.
The crime of deprivation of liberty (including aggravated forms) and aggravated forms of threat are investigated automatically by judicial authorities without the need for a complaint.
Limitation Periods in Continuing Crimes
The crime of deprivation of liberty is considered a continuous offence. The crime continues until the victim regains their freedom. Therefore, the limitation period for prosecution begins from the moment the victim is released.
Effective Remorse and Reasons for Reduction
The law contains provisions allowing sentence reductions in certain crimes against liberty (such as deprivation of liberty) if the perpetrator demonstrates remorse and voluntarily releases the victim. This circumstance directly affects the legal position of the accused during the trial process.
Conclusion
Crimes against liberty constitute a category of offences protected by serious criminal sanctions, aiming to safeguard both an individual’s physical freedom of movement and their psychological and voluntary integrity. In order to prevent loss of rights and ensure a fair trial process, obtaining legal assistance from lawyers specialized in criminal law is of great importance.
Crimes Against Liberty for Foreigners Living in Türkiye
Foreign nationals who reside, work, study, or stay temporarily in Türkiye are protected equally with Turkish citizens regarding their personal liberty, security, and freedom of will under the provisions of the Turkish Constitution and the Turkish Penal Code (TPC).
According to the principle of territorial jurisdiction, in crimes against liberty committed within the borders of Türkiye (such as deprivation of liberty, threats, blackmail, violation of the inviolability of residence, coercion, and persistent stalking), whether the perpetrator or the victim is a foreign national does not change the legal situation. Turkish judicial authorities are obliged to investigate these crimes either automatically or upon complaint, depending on the nature of the offence.
When foreign nationals are subjected to acts restricting their freedom, their greatest concerns are usually fear of deportation, language barriers, or difficulties communicating with official authorities. However, according to the Turkish Code of Criminal Procedure (CPC) and international conventions, all foreign victims of crime in Türkiye must be provided with free interpretation services during investigation and prosecution procedures.
Regardless of their immigration status (such as residence permit, international protection status, or temporary protection status), foreign nationals who become victims of crimes against liberty cannot have their right to seek justice restricted.
TPC Article 108: Crime of Coercion and Legal Protection for Foreign Victims
The crime of coercion, regulated under Article 108 of the Turkish Penal Code, punishes the unlawful use of violence against a person or acts of force intended to suppress an individual’s will.
Coercion may appear as a method used to facilitate the commission of another crime (for example, during deprivation of liberty or blackmail), but it can also be evaluated as an independent crime that directly violates an individual’s freedom of will.
In cases of coercion suffered by foreign nationals (such as employer pressure, attempts of forced confinement, or physical violence), the immediate preservation and collection of evidence is of vital importance.
Foreign victims subjected to coercion should immediately call the 112 Emergency Call Centre to request assistance from law enforcement authorities and should request referral to a hospital in order to obtain a medical report.
They have the right to provide statements and file complaints with the assistance of an interpreter during hospital procedures and police station statements.
TPC Article 123/A: Persistent Stalking Crime and Legal Remedies for Foreign Nationals
One of the most important legal regulations introduced later into the Turkish Penal Code is the crime of persistent stalking (TPC Article 123/A), which aims to protect individuals’ peace, tranquillity, and especially their security.
Acts that create serious disturbance, fear, or security concerns for the victim by physically following a person, repeatedly disturbing them through communication tools (telephone, social media, e-mail), or forcing them to establish contact are punished under this provision.
If persistent stalking is committed:
- Against children,
- Against a former spouse,
- Together with coercion or threats,
the penalties are increased.
Foreign nationals living in Türkiye who experience persistent stalking or harassment, especially through digital platforms or social life, should take the following steps:
Preservation of Digital Evidence
Messages sent by the stalker, call records, and social media screenshots should be preserved without deletion and submitted to judicial authorities as evidence.
Complaint and Protective Measures
The crime of persistent stalking is subject to complaint. The victim may go to the nearest police station and file a complaint with the assistance of an interpreter.
Through the Domestic Violence and Violence Against Women Offices or general prosecutor’s offices, protective measures such as restraining orders and other safety measures under Law No. 6284 may be requested immediately.
Free Lawyer (Legal Aid) and Bar Association Support
Crimes against liberty (such as deprivation of liberty, serious threats, and coercion) are serious offences carrying significant imprisonment penalties.
In order for foreign victims to benefit from legal representation regardless of their financial situation, Legal Aid Offices of Turkish Bar Associations actively provide support.
Foreign victims who legally reside in Türkiye or who lack sufficient financial resources may apply to the bar association in the location where the crime occurred and request the appointment of a free lawyer (legal representative/attorney).
A legal aid lawyer provides professional guidance to foreign victims throughout all stages, including:
- Preparing criminal complaints,
- Following the investigation file,
- Requesting urgent protective measures under Law No. 6284,
- Representing the victim during court hearings.
In this way, disadvantages such as language barriers, unfamiliarity with the legal system, or financial difficulties can be reduced.
Legal Status, Fear of Deportation, and Consular Support
One of the greatest psychological barriers faced by foreign nationals who become victims of crimes against liberty is the mistaken belief that they will be deported if they apply to official authorities.
Under the Law on Foreigners and International Protection (LFIP):
Foreign nationals who become victims of crimes (especially serious crimes against liberty or persistent stalking) cannot legally be deported merely because they seek justice by applying to judicial authorities.
On the contrary, humanitarian or victim-oriented residence permits may be granted by the Directorate General of Migration Management in order to ensure the safety and protection of the victim.
Furthermore, every foreign national present in Türkiye has the right to contact the consulate or embassy of their own country and request diplomatic support and guidance.
Consulates monitor the fair trial processes of their citizens and may provide assistance in communication with local authorities.
Final Conclusion
Foreign nationals living in Türkiye have the right to benefit fully from all legal protections provided by the Turkish Penal Code against any unlawful interference with their liberty, coercion, threats, and persistent stalking.
Language barriers, immigration status concerns, or fear of deportation should not prevent victims from seeking justice.
Applying to official authorities immediately after an incident, requesting free legal assistance from Bar Association Legal Aid Offices, and exercising the right to interpretation services are essential steps to ensure that the justice system functions effectively and that perpetrators are held accountable.
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