Crime of breach of privacy

Crime of breach of privacy

According to the Turkish Penal Code, the crime of violating confidentialityarises from the breach of the confidentiality of certain procedures carried out during the investigation or prosecution phases of any case, which should essentially remain confidential during these processes. Considered within the scope of "Crimes Against the Judiciary," the crime of violating confidentialityis regulated in the relevant provisions of Articles 185 and 285 of the Turkish Penal Code No. 5237.

The crime of violating confidentiality is considered alongside other crimes such as violating the confidentiality of an investigation, violating the confidentiality of a closed hearing, and violating the presumption of innocence by broadcasting images during an investigation or prosecution.

General Definition of the Crime of Violation of Privacy

The crime of breach of confidentiality, which occurs due to the disclosure of the contents of proceedings during the investigation phase of an ongoing case, falls particularly within the responsibilities of law enforcement agencies;

• Taking statements
• Questioning
• Catch
• Search, scan
• Crime scene investigation
• Seizure

This occurs in actions carried out under the order of the prosecutor's office, such as those mentioned above. Other information and documents that are not of an investigative nature are not covered by confidentiality. Therefore, the disclosure of such documents does not constitute a crime of breach of confidentiality. In addition to all this, for the crime of breach of confidentiality to occur during the aforementioned actions, certain consequences must also arise. Accordingly, the occurrence of crimes such as violations of the privacy of private life, the confidentiality of communication, violations of the presumption of innocence, and obstruction of the discovery of the material truth constitutes a breach of confidentiality.

Punishment for the Crime of Violating Privacy

The punishment for the crime of violating confidentiality, as defined in Article 285 of the Turkish Penal Code No. 5237, varies depending on the nature and extent of the crime

• Judicial fine,
• They can be punished with imprisonment ranging from one to three years.

The competent and authorized court for cases involving breach of privacy is the High Criminal Court if the crime is committed by lawyers, and the Criminal Court of First Instance if the crime is committed by members of the press or other individuals. https://ferhatkule.av.tr/ , with the support of our expert lawyers. You can find our law firm's contact information on our website.