Violation of the Right to Inviolability of the Home (Turkish Penal Code Article 116)

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1) Brief Summary

• Basic offense: Entering someone's dwelling or its annexes without their consent , or refusing to leave after entering with their consent . The penalty for the basic offense is 6 months to 2 years imprisonment (subject to complaint).
• Workplace/Annex: For workplaces and annexes where entry is not customary without explicit consent, a sentence of 6 months to 1 year imprisonment or a judicial fine (subject to complaint).
• Aggravating circumstance (Turkish Penal Code Article 116/4): If committed by force/threat or at night , 1-3 years imprisonment (this paragraph does not include the word "complaint"; it is initiated ex officio ). The definition of "at night" is in Turkish Penal Code Article 6/1-e .
• Common characteristics (Turkish Penal Code Article 119): If the crime is committed with a weapon, by more than one person, with a mask, with the power of an organization, or with public influence, the penalty is increased by one-fold .
• Reconciliation: Article 116 of the Turkish Penal Code falls under Article 253 of the Code of Criminal Procedure, regardless of whether it is subject to complaint (discussions regarding exceptions may be seen in practice depending on case combinations).
• Complaint period (cases subject to complaint): 6 months from the date the act and the perpetrator are learned (Turkish Penal Code Article 73).

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2) The Protected Legal Value and the Location of the Crime

The inviolability of the home protects an individual's right to live in safety, peace, and tranquility within their private space ; it prioritizes personal liberty , not property. In the Turkish Penal Code system, this crime is classified under "Crimes Against Liberty."

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3) Legal Framework: Turkish Penal Code Article 116 – Basic Provisions

Turkish Penal Code Article 116/1 (residence/annexes): Unauthorized entry or failure to leave after consent → 6 months–2 years imprisonment , subject to complaint . Turkish Penal Code Article 116/2 (workplace/annexes): Workplace/annexes where entry without explicit consent is not customary → 6 months–1 year imprisonment or judicial fine , subject to complaint . Turkish Penal Code Article 116/3 (consent of joint use): Consent given by a family member/joint user for a legitimate purpose constitutes a ground for legality. Turkish Penal Code Article 116/4 (aggravated circumstance): Coercion/threat or at night → 1–3 years imprisonment (no "complaint" in this paragraph). The definition of "at night" is in Turkish Penal Code Article 6/1-e.

Note (Turkish Penal Code Article 119): The penalty is increased by one-fold if the crime is committed with a weapon, a mask, by more than one person, with the power of an organization, or with public influence (a common provision for certain crimes, including violations of domicile/workplace immunity).

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4) Elements of the Crime

4.1. Perpetrator and Victim

The crime anyone ; the victim actually residing in/possessing the property (they do not have to be the owner; a tenant is also a victim). The crime can also occur if the landlord enters the rented property without permission .

If a public official abuses their authority derived from their position to commit this act, it constitutes an aggravating circumstance requiring an increased penalty.

4.2. Material Element – ​​Optional Actions

• "Truck entry": Entering a dwelling/annex with the entire body without consent . In this case, the entire body must enter the dwelling.
• "Refusal to leave": Refusal to leave despite an offer to remove oneself after entering with consent . In practice, actions such as merely looking through a window are not considered "entry"; the assessment depends on the circumstances.
  

4.3. The Concept of "Housing" and "Annex" (Supreme Court Practice)

• Examples of additions: Balcony, garden, garage, storage room, apartment staircase/corridor/landing, etc. The nature of the addition is determined through on-site inspection/assessment .
• Garden: A garden surrounded by a wall/fence is an annex; unauthorized entry into this area constitutes a crime.
• Storage room/garage: Entering a storage room/garage, which is considered an annex to a dwelling, also constitutes a crime
• Continuation of the crime: The Supreme Court's Criminal General Assembly emphasizes that in cases of unauthorized entry/exit, the violation constitutes a crime that continues until the dwelling is vacated

4.4. Illegality and Consent

• Consent explicit or implicit ; valid and authorized person. Consent obtained through deception or fraud is not valid.
• Common use/family home: Article 116/3, a legitimate purpose, considers the consent of a family member/sharing user as a legal basis. In this case, obtaining the consent of any individual in the shared home is sufficient, but it is essential to consider the legal interests of other family members. Legitimacy is rigorously examined in the specific case.

4.5. Spiritual Element (Intent)

The crime intentionally ; general intent is sufficient. Even if the perpetrator has "another motive" (e.g., theft), mere unauthorized entry/exit is enough for the crime to occur.

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5) Aggravating Circumstances and Punishment

5.1. Coercion/Threat and Nighttime (Turkish Penal Code 116/4)

In these cases, imprisonment of 1-3 years is imposed. Nighttime : The period starting one hour after sunset and ending one hour before sunrise .

5.2. Common Characteristics (Turkish Penal Code Article 119) – Increased Penalty

The penalty is increased by one-fold if the crime is committed with a weapon , a mask , by more than one person , by the power of an organization , or by the influence of public authority . The Supreme Court has issued rulings regarding the technique of applying Article 116/4 (qualified offense) and Article 119 (increase) together.

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6) Specific Forms of Crime

6.1. Enterprise

The stages preceding full entry through the door (breaking the lock, attempting to jump, etc.) are discussed within the scope of attempted burglary ; the distinction between an annex/dwelling and the evidence of actual entry are important. (The Supreme Court emphasizes the criterion of "complete bodily entry.") For it to be considered an attempted burglary, the movements must be divisible.

6.2. Concurrence (Simultaneous Processing)

In practice, the inviolability of the home is often seen in conjunction with theft or property damage . The Supreme Court of Appeals discusses the issue of real or conceptual concurrence of offenses depending on the specifics of the case . For example, in the case of items taken from a walled garden, both qualified theft (theft from the home) and the inviolability of the home may arise separately.

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7) Complaint, Settlement, Statute of Limitations

7.1. Complaint-Based Approach

• 116/1–2: It is subject to complaint . If the right to complain is not exercised within 6 months of learning about the act and the perpetrator, it lapses (Turkish Penal Code 73).
• Article 116/4: The word "complaint" is not mentioned in the paragraph; in practice, ex officio prosecution. (Nevertheless, file configurations may affect settlement/complaint discussions.)

7.2. Mediation (Article 253 of the Code of Criminal Procedure)

Violation of the inviolability of the home/workplace falls within the scope of Article 253 of the Code of Criminal Procedure (CMK) regarding offenses subject to reconciliation ; the application does not depend on whether or not it is subject to complaint . The fact that the offense was committed together with another offense outside the scope of reconciliation in the same incident may practically affect the reconciliation process; the CMK 253 regime is examined on a case-by-case basis .

7.3. Statute of Limitations for Lawsuits

Generally, the statute of limitations for prosecution is 8 years (taking upper limits into consideration); in cases of qualified/different classifications, calculations are made according to the upper limits and the provisions of the Code of Criminal Procedure

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8) Sanctions, Suspended Sentence and Alternative Outcomes

• Housing (116/1): 6 months–2 years imprisonment; if conditions are met, suspended sentence/postponement or conversion to a judicial fine (Turkish Penal Code Articles 50–51) may arise.
• Workplace (116/2): 6 months–1 year imprisonment or judicial fine ; the court may choose one of the alternative sanctions. In practice, a suspended sentence is considered for short-term imprisonment. (Case law and specific circumstances are decisive.)

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9) Proof, Evidence, and Procedure

• Evidence tools include: camera recordings, witness statements, crime scene investigation, on-site inspection (especially to determine the nature of the attachment ), HTS/sketch, door lock examination, fingerprints, etc. The Supreme Court emphasizes the importance of on-site inspection for determining the attachment
• Time criterion: The sunrise/sunset schedule is taken into account to apply the "nighttime" increase .
• Proof of consent: Conditions for explicit/implicit consent given by an authorized person; consent is subsequently withdrawn , the act of "refusing to leave" constitutes a crime.

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10) Frequently Used Scenarios and Brief Analysis in Practice

1. The landlord enters the rented property with a key: The tenant victimized ; the landlord's unauthorized entry constitutes a crime.
2. Jumping into a walled garden: The garden is an annex; a crime occurs without consent. the legality are conducted separately.
3. Apartment hallway/landing: Can be considered an extension based on criteria of connection to the dwelling and actual control; its value is assessed.
4. Refusal to leave a house entered with consent: Remaining despite the homeowner's explicit/implicit request to leave constitutes the second alternative act of the crime
5. Nighttime – threat – weapon: 116/4 ( 1–3 years ), plus a one-fold increase according to 119 (depending on the specific case).
6. Workplace (customer entry): The counter/market area, which is open to everyone during working hours, can be considered a "customary entry area"; unauthorized entry constitutes a crime.

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11) Strategic notes from the perspective of the defender/participant (Implementation)

11.1. Defendant's Counsel

• Consent-authority check: consent an authorized person , whether consent has been withdrawn; error or legitimate purpose .
• Attachment entry requirements: for inspection ; architectural plan, common area management plan, photographs, video footage.
• Nighttime/coercion-threat characteristics: UYAP sun chart for day-night distinction ; concreteness of coercion/threat and weapon nature (Turkish Penal Code 6/1-f).
• Conciliation: Attempting conciliation under Article 253 of the Code of Criminal Procedure ; concretizing the balance between obligation and interest.

11.2. Participant (Victim)

• Complaint period: In cases requiring a complaint, 6-month rule (date the act + date the perpetrator was learned).
• Evidence integrity: Door/lock damage, camera footage, neighbor witnesses, call/message records, proof of a "leave" warning.
• Aggravating circumstances: nighttime and weapons/multiple people being involved are clearly demonstrated in the file.
• Conciliation tactics: Actions amounting to moral compensation; prevent the recurrence .

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12) FAQ – Frequently Asked Questions

S1) I knocked on the door and stepped inside; I was immediately removed. Would that be a crime? Entering the premises constitutes "entering." Remaining at the doorway or forcing the door open without fully entering may raise a dispute over attempted entry ; the evidence will be decisive.

S2) Is a balcony/garden also considered a "dwelling"?
In the Supreme Court's practice, balconies, gardens enclosed by walls/fences, garages, storage rooms, etc., are considered annexes; unauthorized entry constitutes a crime.

S3) Can the landlord enter a rented apartment without the tenant's consent?
No. The tenant the ; it is not permissible to enter without the tenant's consent.

S4) What hours are considered "nighttime"?
one hour after sunset to one hour before sunrise (Turkish Penal Code Article 6/1-e).

S5) Is reconciliation possible?
Article 116 of the Turkish Penal Code and Article 253 of the Code of Criminal Procedure are subject to reconciliation; however, non-reconciliation-related offenses in the same case, the process may work differently in practice.

S6) What is the complaint period?
In cases requiring a complaint, 6 months (from the date the act and the perpetrator were learned).

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13) Petition and Evidence Checklist (Quick)

For the victim/participating party:

• Complaint period note (Turkish Penal Code Article 73 – 6 months).
• CCTV footage, witness list, door/lock damage report.
• Records related to the "Exit" warning (message/call).
• nighttime and weapons/multiple people .
• A settlement plan (including material/moral compensation and not to repeat the offense ).

For the defense counsel (defendant):

• Consent (explicit/implicit) and authority ; legitimate aim (116/3).
• Exploration/architectural plan/layout sketch for annex purposes
• "Nighttime" and coercion/threat .
• The basis for requests regarding suspended sentences/postponements/conversions includes criminal record and socio/economic status.

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14) Application Examples (Short Case Analysis)

• Case A – “Refusal to Leave” Case: The ex-spouse refuses to leave the house, which they entered willingly, despite repeated calls to do so . refusal to leave ; intra-family ties alone do not guarantee legal validity. (Reconciliation can be attempted.)
• Case B – “Garden jumping” case: the complainant’s walled garden at night is apprehended. Article 116/4 (at night) and, depending on the evidence, Article 119 may be considered.
• Case C – “Workplace storage” incident: The customer area of ​​the market is open; however, the back storage area is entered without permission. Article 116/2; if there is both theft and damage to property, a meeting of the court will be held to discuss the matter.

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15) Conclusion

The violation of the right to inviolability of the homeis the shield of criminal law protecting private life and liberties. In practice, the most critical issues are "identification of the attachment," "consent and authorization," "nighttime/coercion-threat," and of reconciliation, complaint, and statute of limitations . If evidence is collected correctly and clearly classified, the outcome becomes predictable.