The Legal Aspects of the Crime of Begging

1. Entrance

Begging is a phenomenon that directly affects the economic and social structure of society, and also has consequences for the dignity of individuals, public order, and security. In our legal system, begging can be evaluated under both the Law on Minor Offenses and the Turkish Penal Code .

While helping those in need is seen as a virtue in society, the organization of begging, the exploitation of children, or its use for fraudulent purposes creates serious problems from both legal and ethical perspectives.

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2. Legal Basis

2.1. Law on Minor Offenses, Article 33 – Begging

Article 33 of the Law on Misdemeanors No. 5326 states the following:

"A person engaging in begging will be given an administrative fine. The income obtained will be confiscated and the property transferred to public ownership."

Elements:

• The act of begging: Begging in the streets, public spaces, or by going door-to-door.

• Sanction: Administrative fine.

• Confiscation of the money obtained.

2.2. Turkish Penal Code – Aggravating Circumstances

• Turkish Penal Code Article 229 – The crime of "using a child for begging".

• Turkish Penal Code Article 227/2 – The use of children in criminal acts other than prostitution.

• Turkish Penal Code Article 80 – Forcing children or disabled persons into begging within the scope of human trafficking.

In these cases, criminal sanctions are applied in the form of imprisonment and judicial fines.

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3. Protected Legal Value

• Public order: The peaceful use of public spaces.

• Social security: Preventing fraud disguised as begging.

• Child protection: Preventing the exploitation of children and people with disabilities.

• Human dignity: Supporting individuals in a manner befitting human dignity in the fight against poverty.

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4. ECHR Perspective

The European Court of Human Rights has issued several important decisions directly concerning the crime of "begging".

4.1. Lăcătuş / Switzerland (2021)

• Case: The applicant, a Romanian national, was fined in Geneva for passive begging. Unable to pay, he served five days in jail.

• Decision: The ECHR ruled that there was a violation under Article 8 (respect for private life) of the ECHR

• Rationale: Completely banning passive begging would eliminate the ability of people, especially those deprived of social assistance, to sustain their lives.

4.2. In the Context of the Prohibition of Discrimination

The ECHR has also stated that disproportionately targeting the poor or migrants may constitute a violation of Article 14 of the ECHR (prohibition of discrimination)

Conclusion: The ECHR emphasizes that begging can be restricted on grounds of public order, but this must be proportionate and aimed at legitimate purposes

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5. Supreme Court Decisions

5.1. The Crime of Forcing People to Beg by Singing Religious Hymns

Court / Decision No: Supreme Court 14th Criminal Chamber – 2014/10702
Case: The defendant took the mentally ill victim around in a wheelchair, made him sing religious hymns, and asked passersby for money.
Decision: This act constitutes the crime of begging. The acquittal instead of conviction is erroneous and constitutes grounds for reversal.

5.2. The Crime of Begging and the Crime of Ill-Treatment

Court / Decision No: Supreme Court 14th Criminal Chamber – 2014/10613
Case: The defendant forced his own children, aged 10 and 11, to sell handkerchiefs.
Decision: The act constitutes the crime of "ill-treatment" under Article 232/1 of the Turkish Penal Code. A separate sentence should have been issued for each victim. Furthermore, Article 53/5 of the Turkish Penal Code was not applied; this constitutes grounds for reversal.

5.3. Use of Children as Tools in Begging – Right to Complaint

Chamber / Decision No: Supreme Court 8th Criminal Chamber – 2017/2701
Case: In a case involving the use of children as tools in begging, the Ministry of Family and Social Policies was not informed of the lawsuit.
Decision: The Ministry should have been properly notified and granted the right to appeal. This deficiency constitutes grounds for reversal.

5.4. Chain of Offenses in the Crime of Forcing Begging

Chamber / Decision No: Supreme Court 8th Criminal Chamber – 2016/7718
Case: The defendant forced three victims to beg.
Decision: The provisions of Article 43/1-2 of the Turkish Penal Code regarding continuous offenses should have been applied; failure to apply them constitutes grounds for reversal.

5.5. Chain of Offenses in Children Involved in Crime

Chamber / Decision No: Supreme Court 8th Criminal Chamber – 2016/308
Case: The juvenile offender committed the crime of begging against multiple individuals with a single act as part of the execution of a decision to commit a crime.
Decision: While a single sentence should have been given by applying Article 43 of the Turkish Penal Code, the imposition of two separate sentences constitutes grounds for reversal.

5.6. Forcing a Child to Beg – A Crime Against One's Own Child

Chamber / Decision No: Supreme Court 14th Criminal Chamber – 2014/7842
Case: The defendant used his own child for begging and also intentionally injured him.
Decision: Article 229/2 of the Turkish Penal Code (increased penalty) was not applied. However, since there was no appeal against the decision, no reversal was made.

5.7. Forcing Children to Beg – Increase in Relation in Case of Blood Relationship

Chamber / Decision No: Supreme Court 2nd Criminal Chamber – 2012/46101
Case: The defendants used their children, who are their first-degree blood relatives, as tools in begging.
Decision: According to Article 229/2 of the Turkish Penal Code, the sentence should have been increased by half; no increase was made. Since there was no appeal against the decision, no reversal was made.

5.8. Proof of the Crime of Begging

Court / Decision No: Supreme Court 6th Criminal Chamber – 2013/5854
Case: The defendant obtained money by taking a minor child with him and evoking pity.
Decision: It must be proven beyond a doubt that the child was used as a tool in begging. A judgment rendered without this proof constitutes grounds for reversal.

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6. Problems Faced Today

6.1. Organized Begging

• Some groups, especially in large cities, organize begging in a structured way.

• Individuals are "employed" in specific areas, and their earnings are collected.

6.2. Exploitation of Children

• Using children as a tool to evoke pity is a serious violation of both children's rights and criminal law.

6.3. Harassment in Tourist Areas

• Persistent begging in tourist areas is becoming a nuisance for both locals and tourists.

6.4. Social Welfare Policies

• The inadequacy of social assistance can lead some people to view begging as their "only source of livelihood.".

• The problem needs to be solved not only through punitive measures, but also through social policies.

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7. Points to Consider in Criminal Proceedings

1. Nature of the Action: Passive, active, or organized?

2. Disadvantage Status: Is it used by children or people with disabilities?

3. Recidivism and Organized Crime: Has it been committed before? Is it a group activity?

4. Social Background Analysis: The socioeconomic status of the perpetrator should be evaluated to determine a proportionate sentence.

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8. Conclusion

Begging is a phenomenon of importance not only from the perspective of public order, but also from the standpoint of human dignity and children's rights. Legal regulations aim to both meet individual needs and prevent abuses. While the jurisprudence of the European Court of Human Rights emphasizes that criminal sanctions proportionate , the decisions of the Supreme Court of Turkey take a firm stance, particularly on issues involving the exploitation of children and organized begging.

The solution to the problem lies in developing employment, social assistance, and rehabilitation programs within the framework of the social state principle, in addition to punitive measures.