The Crime of Causing Urban Pollution

The crime of causing environmental pollution through illegal construction, as regulated under Article 184 of the Turkish Penal Code, occurs when an illegal structure is built within municipal boundaries or in areas subject to special zoning regulations, or when the necessary infrastructure services are provided for the use of an illegally constructed structure.

The scope of the crime of causing urban pollution

The circumstances that constitute this crime are:

• Ultimately, engaging in construction activities that violate zoning regulations,
• It refers to engaging in activities that are harmful to the environment.

The penalty for the crime of causing urban pollution

of the Turkish Penal Code lists the criminal penalties for crimes that cause environmental pollution through illegal construction. Accordingly;

• Anyone who constructs or has a building constructed without obtaining a building permit or in violation of a permit shall be punished with imprisonment for a period of 1 to 5 years.
• For buildings constructed after October 12, 2004, anyone who permits the connection of electricity, water, or telephone to a construction site established due to construction commenced without a building permit shall be punished with imprisonment from one to five years.
• In buildings constructed after October 12, 2004, anyone who permits any industrial activity to be carried out in a building without an occupancy permit shall be punished with imprisonment from 2 to 5 years.
• Except for the preceding article, the provisions of this article shall apply only within municipal boundaries or in areas subject to special zoning regulations.
• If a person brings a building that they have constructed or had constructed without a permit or in violation of a permit into compliance with the zoning plan and permit, no public prosecution will be initiated pursuant to the provisions of the first and second paragraphs, any public prosecution that has been initiated will be dropped, and the sentence imposed will be annulled with all its consequences

The deadline for filing a complaint in the crime of causing environmental pollution through construction

This type of crime is not subject to complaint. Therefore, the investigation is initiated automatically. Withdrawal of the complaint has no effect on the trial phase.

Statute of limitations for the crime of causing environmental pollution through construction

The statute of limitations for this type of crime is 8 years.

The competent court for the crime of causing urban pollution

In cases of causing environmental pollution through illegal construction, the competent court is the criminal court of first instance in the place where the crime was committed, i.e., where the building is located.

To get expert answers to all the details and questions you may have, you can consult with Attorney Ferhat Kule