SECURITY MEASURES IN CRIMINAL LAW: LEGAL NATURE, TYPES, APPLICATION CONDITIONS AND CURRENT DEVELOPMENTS
SECURITY MEASURES IN CRIMINAL LAW: LEGAL NATURE, TYPES, APPLICATION CONDITIONS AND CURRENT DEVELOPMENTS
ENTRANCE
In criminal law, the legal consequences associated with committing a criminal act are not limited solely to imprisonment or fines. The Turkish Penal Code, alongside classic penal sanctions, "security measures ." Security measures serve purposes such as preventing the offender from re-offending, protecting society, eliminating the economic value obtained from the crime, removing the means used in the crime from the legal system, or restricting certain rights and powers of the offender.
Article 2 of the Turkish Penal Code No. 5237 explicitly establishes the principle of legality not only in terms of penalties but also in terms of security measures. Accordingly, no security measure can be applied to anyone for an act that is not explicitly defined as a crime by law, nor can a security measure not foreseen in the law be imposed. Furthermore, according to Article 3 of the Turkish Penal Code, security measures must be proportionate to the severity of the act committed. Therefore, security measures are not preventive tools left to the unlimited discretion of the judge; they are criminal law sanctions subject to the principles of legality and proportionality.
In the general system of the Turkish Penal Code, security measures are primarily Articles 53-60 . These are:
These measures include deprivation of certain rights, confiscation of property, confiscation of earnings, security measures specific to children, security measures specific to the mentally ill, regimes relating to recidivism and particularly dangerous criminals, deportation, and security measures concerning legal entities
While some of these regulations are based directly on the dangerousness of the perpetrator, measures such as confiscation and deprivation of certain rights are based on the link between the crime and the use of specific assets or rights. Therefore, in contemporary criminal law, it is not sufficient to define security measures solely as "neutralizing the dangerous person.".
I. THE CONCEPT AND LEGAL NATURE OF SECURITY MEASURES
1. Definition of Security Measure
Security measures are criminal law sanctions that emerge after a crime has been committed and are primarily implemented to prevent the individual from re-offending, to protect society, or to eliminate sources of danger associated with crime.
While punishment primarily focuses on the perpetrator's culpability for the unlawful act committed, security measures often purpose of prevention and protection for the future .
However, it is not accurate to say that all security measures in the Turkish Penal Code are based on the personal dangerousness of the perpetrator. For example;
- Security measures specific to mentally ill individuals include the danger the person poses to society
- In confiscation, the connection between the crime and the property or economic value
- In measures specific to legal entities, the relationship between the crime and the legal entity's activities and interests
- In cases of deprivation of certain rights, the nature of the crime committed and the conviction are taken into account
It stands out.
Therefore, security measures should be considered as institutions serving different legal purposes but grouped under the same category of sanctions by the Turkish Penal Code.
II. THE DIFFERENCE BETWEEN PUNISHMENT AND SECURITY MEASURE
According to Article 45 of the Turkish Penal Code, penalties of imprisonment and judicial fines . Security measures are a separate category of legal sanctions.
The fundamental difference between punishment and security measures lies in the legal grounds upon which the sanction is based.
Punishment is essentially a response to an act committed negligently by the perpetrator. In contrast, security measures have more prominent aims of protection, prevention, reducing danger, and eliminating the unlawful situation arising from the crime.
This distinction is particularly important with regard to mentally ill individuals. While a person may be deemed unfit for criminal responsibility due to a lack of capacity for culpability, they may still be subject to security measures if their continued dangerousness to society persists. Thus, criminal responsibility and the protection of society are separated.
However, the principles of legality, judicial decision, proportionality, legal certainty, and respect for fundamental rights apply to both types of sanctions
Article 7/3 of the Turkish Penal Code also contains a specific rule regarding the timing of the application of security measures. Accordingly, the law in force at the time of the judgment applies with respect to the execution regime of security measures.
III. SECURITY MEASURES AND PROTECTION MEASURES ARE DIFFERENT FROM EACH OTHER
Two concepts that are often confused in practice security measures and protection measures.
Arrest, apprehension, detention, judicial control, search, and seizure are all protective measures. Their purpose is not to punish the individual, but to ensure the proper conduct of the investigation or prosecution, the preservation of evidence, and, if necessary, the enforceability of the judgment.
Security measures are legal consequences belonging to substantive criminal law.
For example, seizing a car used in a crime during the investigation phase is a temporary protective measure. However, if the conditions are met, a decision to confiscate the same car at the end of the trial is a definitive security measure.
This distinction is extremely important, particularly in the legal oversight of interventions in property rights.
IV. DEPRIVATION OF THE RIGHT TO EXERCISE CERTAIN RIGHTS – Turkish Penal Code Article 53
Article 53 of the Turkish Penal Code imposes restrictions on the exercise of certain rights as a result of imprisonment for a deliberately committed crime.
Under this regulation, deprivation of rights may arise in areas such as public office, certain electoral and political rights, parental and guardianship powers, management or supervisory roles in legal entities, and the practice of professions or arts requiring permission.
However, the provisions of Article 53 of the Turkish Penal Code have been significantly altered in recent years by both Constitutional Court decisions and legislative amendments. In particular, the Constitutional Court's partial annulment decision of 2015 and the amendments made by Law No. 7242 must be taken into account in this specific case. The Court of Cassation, in its recent rulings, also emphasizes that courts must apply Article 53 of the Turkish Penal Code in accordance with the aforementioned Constitutional Court decision and subsequent legislative amendments.
There are certain exceptions under Article 53/3 of the Turkish Penal Code, particularly for those whose sentences have been suspended, who are serving their sentences under supervised release, or who have been conditionally released.
Furthermore, according to Article 53/4 of the Turkish Penal Code, the disqualifications mentioned in the first paragraph do not apply to persons who were under eighteen years of age at the time of committing the act, or to persons whose short-term prison sentence has been suspended.
Crimes committed through negligence, Article 53/6 of the Turkish Penal Code
If a negligent offense is committed due to a breach of the duty of care and diligence required by the practice of a particular profession or art, or by traffic regulations, the court may decide to prohibit the practice of the profession or art for a specified period or to revoke the driver's license.
The Supreme Court's Criminal General Assembly, based on the wording "or" in Article 53/6 of the Turkish Penal Code, has accepted that prohibiting the practice of a profession or art and revoking a driver's license are alternative measures; it is not possible to impose both simultaneously.
V. CONFISCATION OF PROPERTY – Turkish Penal Code Article 54
Confiscation is one of the most important security measures against property in criminal law.
According to Article 54 of the Turkish Penal Code, provided that they do not belong to bona fide third parties;
- used in the commission of an intentional crime,
- dedicated to the commission of the crime
- resulting from crime
The confiscation of the property may be ordered.
Items prepared for the purpose of committing a crime may only be confiscated if they pose a danger to public safety, public health, or general morality.
If the confiscated goods are destroyed, disposed of, consumed, or otherwise rendered impossible to confiscate, it is possible to order the confiscation of an amount of money equal to the value of the confiscated goods.
Principle of Proportionality
Article 54/3 of the Turkish Penal Code provides an important guarantee of proportionality. If it is understood that confiscating the property would have more severe consequences than the crime committed and would therefore be contrary to fairness, the judge may refrain from ordering confiscation.
This provision is particularly important when vehicles, machinery, movable property, or other goods with high economic value are used in relatively less serious crimes.
The Constitutional Court also emphasizes that confiscation constitutes an interference with the right to property guaranteed under Article 35 of the Constitution ; that the mere existence of a legal basis for the interference is not sufficient, and that a fair balance must be struck between the public interest and the individual's right to property. In particular, the automatic application of confiscation without evaluating the owner's connection to the crime, their fault, the benefit obtained, and the nature of the property may create a proportionality problem.
Protecting the property rights of bona fide third parties is also one of the fundamental principles of confiscation law.
VI. CONFISCATION OF EARNINGS – Turkish Penal Code Article 55
Unlike confiscation of property, confiscation of proceeds aims to eliminate the economic benefit obtained from the crime
According to Article 55 of the Turkish Penal Code;
- obtained through the commission of a crime
- the subject of the crime,
- provided for the commission of the crime
The confiscation of material assets and the economic gains resulting from their valuation or transformation may be ordered.
However, if it is possible to return the material benefit to the victim of the crime, the mechanism of restitution to the victim should be implemented first, rather than confiscation of the proceeds.
For example, if money obtained through fraud directly belongs to the victim, it is essential that it be returned to the victim rather than being transferred to the state.
If the assets obtained through crime cannot be recovered, then the equivalent values of these assets may be confiscated.
The basic logic behind confiscation of assets is quite clear:
"Crime cannot be turned into a source of profit."
Particularly in cases of drug trafficking, fraud, bribery, organized crime, money laundering, and economic crimes, confiscation of proceeds is of great importance in eliminating the economic motivation behind the crime.
VII. SAFETY MEASURES SPECIFIC TO CHILDREN – Turkish Penal Code Article 56
Article 56 of the Turkish Penal Code does not directly regulate the types of security measures specific to children, but stipulates that these will be determined in the relevant law.
The primary regulation on this matter the Child Protection Law No. 5395.
In accordance with Article 5 of the Child Protection Law;
- consultancy,
- education,
- care,
- health,
- shelter
Measures have been put in place.
However, there is an important legal distinction. According to Article 11 of the Child Protection Law, the protective and supportive measures stipulated in the law security measures specific to children who have committed crimes but do not have criminal responsibility .
Therefore, it is incorrect to automatically impose the measures under Article 5 of the Child Protection Law as "security measures" for every child who commits a crime and is criminally responsible.
The Supreme Court's 6th Criminal Chamber's recent decision dated November 25, 2025, also drew attention to the erroneous application of these provisions regarding children who have criminal responsibility.
In juvenile criminal law, the primary aim, unlike adult criminal law, is not punishment but rather education, rehabilitation, protection, and reintegration into society .
VIII. SECURITY MEASURES SPECIFIC TO MENTAL PATIENTS – Turkish Penal Code Article 57
Security measures specific to mentally ill patients are the most characteristic example of security measures based on the principle of dangerousness.
According to Article 57/1 of the Turkish Penal Code, a person who was mentally ill at the time of committing the act shall be subject to security measures for protection and treatment, and shall be placed under protection and treatment in a high-security health institution.
The aim here is not to punish the individual. The goal is both to treat the patient and to control the danger they may pose to society.
Key Changes Made in 2025
Law No. 7571 , adopted on December 24, 2025 , introduced one of the most significant changes in recent years regarding security measures specific to mentally ill individuals. The law was published in the Official Gazette No. 33118 on December 25, 2025.
With the provision added to Article 57/2 of the Turkish Penal Code, minimum periods of stay in institutions have been introduced for mentally ill individuals subject to security measures under Article 32/1 of the Turkish Penal Code for certain crimes .
Accordingly;
If the crime in question warrants aggravated life imprisonment or life imprisonment, the period to be spent in the institution cannot be less than one year; if the maximum sentence for the crime is more than ten years, the period cannot be less than six months.
The expiration of these periods does not automatically mean the person will be released. The primary criterion for release is that the person's danger to society has been eliminated or significantly reduced, and this is assessed by a medical board report. The final decision-making authority regarding release rests with the execution judge.
As part of the same amendment package, significant changes were also made to Article 32/2 of the Turkish Penal Code; in addition to a reduced sentence for individuals whose capacity for culpability has been significantly diminished, of imposing security measures specific to mentally ill persons was adopted.
Therefore, in practice after the 2025 reform, Articles 32 and 57 of the Turkish Penal Code should be considered together.
The Problem of the Measure Being Indefinite
In security measures specific to mentally ill individuals, the duration is not predetermined as in classic imprisonment. The continuation of the measure depends on the individual's dangerousness level.
Therefore, in order to prevent the indefinite restriction of a person's freedom, health board assessments must be factual, up-to-date, and scientific in nature; and the persistence of the dangerous condition must be regularly reviewed.
While Article 19 of the Constitution allows for deprivation of liberty for the purpose of enforcing security measures based on court decisions, the restriction of liberty must be based on a valid legal and judicial ground.
IX. MEASURES SPECIFIC TO ALCOHOL AND DRUG ADDICTS
According to Article 57/7 of the Turkish Penal Code, a security measure may be ordered for a person who has committed a crime and is addicted to alcohol, drugs, or stimulants to be admitted for treatment in a health institution specifically designed for addicts.
Treatment continues until the addiction is eliminated.
The execution judge may decide to release the person once it is determined by a medical board report that their treatment is complete.
This regulation is a significant example of a penal policy approach that focuses on treatment and reintegration into society, rather than punishment.
X. RECIDIVISION AND PARTICULARLY DANGEROUS CRIMINALS – Turkish Penal Code Article 58
According to Article 58 of the Turkish Penal Code, if a new crime is committed after the conviction for a previous crime has become final, the provisions on recidivism apply if the other conditions stipulated in the law are also met.
The previous sentence does not necessarily have to have been served.
In the legal system under Law No. 5237, recidivism is regulated not as a classic aggravating circumstance that directly increases the punishment, but rather an institution affecting the execution regime . For repeat offenders, a special execution regime for repeat offenders and supervised release after the execution of the sentence are applied.
Article 58/9 of the Turkish Penal Code also states that;
- habitual criminals,
- people who make a profession,
- criminals who are members of an organization
It also provides for a special execution regime for repeat offenders and the application of supervised release after the execution of the sentence.
Second Amendment in 2025
Here, particular attention should be paid to a significant error that can be made by relying on outdated sources.
Under the system prior to June 4, 2025, conditional release was not possible for a second offense.
However, Law No. 7550 amended Article 108 of Law No. 5275. Under the current system, the conditional release rate for fixed-term imprisonment sentences in cases of second-time recidivism three-quarters . Therefore, the old information stating that "second-time recidivism can never be conditionally released" is no longer current. Law No. 7550 was adopted on June 4, 2025, and entered into force on the same day upon its publication in the Official Gazette.
This change is particularly important in the calculation of sentences.
XI. DEPORTATION – Turkish Penal Code Article 59
Article 59 of the Turkish Penal Code provides for a special mechanism that can be applied after the conviction of foreigners.
When a foreigner sentenced to imprisonment is placed on probation or granted conditional release, or in any case, when the sentence is fully served, the situation is immediately reported to the Ministry of Interior for assessment of whether the foreigner should be deported.
The important point here is this:
There is no system in place where a criminal court directly orders the deportation of a foreigner under Article 59 of the Turkish Penal Code.
At the end of the criminal justice process, the situation is reported to the Ministry of Interior; the deportation process is evaluated by administrative authorities within the framework of Law No. 6458 on Foreigners and International Protection.
Article 54 of the Law on Foreigners and International Protection lists the grounds for deportation of foreigners deemed worthy of deportation under Article 59 of the Turkish Penal Code. However, the provisions for non-refoulement and special protection regulated in Article 55 of the Law on Foreigners and International Protection are reserved. Deportation is not possible in cases such as the risk of death, torture, or inhuman or degrading treatment.
Therefore, Article 59 of the Turkish Penal Code and the provisions of the Law on the Protection of Foreigners should be considered together.
XII. SECURITY MEASURES REGARDING LEGAL ENTITIES – Turkish Penal Code Article 60
One of the fundamental principles of Turkish criminal law is the principle of individual criminal responsibility.
According to Article 20/2 of the Turkish Penal Code, no criminal sanctions can be applied to legal entities. However, security measures prescribed by law for the crime are reserved.
Article 60 of the Turkish Penal Code is the fundamental provision for this exception.
If a private legal entity operating under a permit granted by a public institution commits a deliberate crime for the benefit of that entity through the participation of its organs or representatives and the abuse of the authority granted by that permit, the permit may be revoked .
Furthermore, confiscation provisions can be applied to crimes committed for the benefit of a legal entity.
However, Article 60/4 of the Turkish Penal Code is extremely important:
Security measures against legal entities can only be applied in cases explicitly provided for by law.
Therefore, the mere fact that a legal entity has economically benefited from a crime is not sufficient for the application of Article 60 of the Turkish Penal Code; there must be an explicit legal provision allowing the application of security measures specific to legal entities in the relevant type of crime.
Furthermore, the judge is given the option of not imposing a measure in cases where its application would lead to more severe consequences than the act committed. This provision is a specific manifestation of the principle of proportionality.
XIII. FUNDAMENTAL PRINCIPLES GOVERNING SECURITY MEASURES
1. Principle of Legality
Security measures can only be implemented if explicitly provided for in the law.
Turkish Penal Code Article 2:
"No punishment or security measure other than those stipulated in the law may be imposed."
This provision prohibits the judge from creating a new security measure that is not provided for in the law.
2. The Principle of Proportionality
Even if the aim of a security measure is to protect society, it should not cause undue severe consequences for the individual.
Especially;
- property rights in confiscation
- Freedom to work in occupational restrictions,
- Personal freedom in the measures under Article 57 of the Turkish Penal Code
- freedom of activity in legal entities
A proportionality assessment should be made in this regard.
3. Personality
The measure should, as far as possible, have consequences for the person or property connected to the crime.
The protection of the property rights of a bona fide third party, particularly in confiscation cases, is an important consequence of this principle.
4. Judicial Review
Because security measures can involve serious infringements on fundamental rights, they are, as a rule, subject to judicial review.
The release of mentally ill individuals, deprivation of rights, confiscation, and many other security measures require judicial or enforcement judge oversight, which constitutes a fundamental guarantee of the rule of law.
XIV. CONSTITUTIONAL LIMITS OF SECURITY MEASURES
The fact that security measures are not "punishments" does not mean they are outside the scope of fundamental rights oversight.
On the contrary, depending on the nature of the measure;
Article 19 of the Constitution – personal liberty and security,
Article 35 – right to property,
Article 48 – freedom of work and contract,
Article 13 – proportionality in the limitation of fundamental rights.
The provisions may come into question.
Particularly in confiscation cases, the Constitutional Court does not consider the mere discovery of property linked to a crime sufficient; it also examines whether the interference with property rights constitutes an unusual and excessive burden on the individual.
Similarly, in security measures specific to mentally ill individuals, restricting their freedom for longer than is necessary for treatment and the perceived danger can create constitutional issues.
Therefore, even if the purpose of a safety measure is legitimate, there must be a reasonable proportion between the means and the end.
XV. POINTS TO CONSIDER DURING IMPLEMENTATION
When evaluating a security measure in a criminal case, one should not focus solely on the primary sentence to be imposed on the defendant. This is because, in some cases, the economic or professional consequences of the security measure on the defendant may be more severe than imprisonment or a fine.
For example;
Confiscation of a vehicle means the loss of the essential means of commercial activity;
The prohibition of practicing a profession can affect a person's economic life for a long time;
The cancellation of a company's operating license effectively means the company ceases to exist;
a security measure specific to the mentally ill involves the long-term restriction of a person's freedom
That could be the reason.
Therefore, the defense also needs to take the following security measures:
whether the legal requirements have been met, the connection between the crime and the right or property subject to the measure, the good faith of the third party, the proportionality of the measure, whether the same objective could be achieved with a less stringent measure, and current legislative changes .
Especially in cases of confiscation and the application of Article 53 of the Turkish Penal Code, a court's reliance on an abstract justification such as "it is a legal consequence" may not be sufficient in all cases. The specific characteristics of the case should be evaluated separately according to the nature of the measure.
CONCLUSION
In criminal law, security measures are independent legal sanctions that complement the classical criminal justice system but can seriously interfere with fundamental rights and freedoms.
In the Turkish Penal Code No. 5237, security measures cover a very wide range of areas, from restricting the exercise of certain rights to confiscation, from the protection of children and mentally ill individuals to special execution regimes for repeat offenders, from the evaluation of deportation of foreigners to the revocation of operating licenses for legal entities.
The primary purpose of security measures is not simply to punish past crimes. Their aim is primarily to eliminate the danger posed by crime, prevent recidivism, stop criminal proceeds from going to the perpetrator, and protect society.
However, the aim of "protecting society" does not give the state unlimited power to intervene. Security measures, like penalties, legality, proportionality, legal certainty, individuality, and judicial review .
In current practice, three aspects are particularly important:
Firstly, Law No. 7571 dated December 24, 2025, significantly amended security measures specific to mentally ill individuals and introduced minimum periods of detention for certain serious crimes.
Secondly, the old system, where conditional release was completely prohibited in case of a second offense, was changed by Law No. 7550 dated June 4, 2025; a three-quarters conditional release rate was adopted for second-time repeat offenders in fixed-term prison sentences.
Thirdly, security measures, especially confiscation and deprivation of rights, should not be applied automatically as an "additional punishment"; a case-by-case assessment is necessary in terms of legal requirements, the rights of third parties, and the principle of proportionality.
Consequently, security measures represent the aspect of modern criminal law that aims not only at punishment but also prevention, protection, treatment, and the elimination of unlawful economic consequences arising from crime . However, the legitimacy of these measures depends on striking a fair balance between the protection of society and the protection of the fundamental rights of the individual.
BASIC LEGISLATION
Turkish Penal Code No. 5237, Articles 2, 3, 7, 20, 53-60
; Law No. 5275 on the Execution of Criminal and Security Measures; Law
No. 5395 on Child Protection;
Law No. 6458 on Foreigners and International Protection;
Law No. 7550 – June 4, 2025;
Law No. 7571 – December 24, 2025
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