What is the crime of entering military restricted areas?

Article 332 of the Turkish Penal Code, under the heading "Crimes Against State Secrets and Espionage," regulates the crime of entering military restricted areas. According to this article:

– Entering Military Restricted Areas: (1) Persons who secretly or fraudulently enter places where entry is prohibited for the military interests of the state shall be sentenced to imprisonment for two to five years.
– (2) If the crime was committed during wartime, the perpetrator shall be sentenced to imprisonment for three to eight years.

Elements of the Crime of Entering Military Restricted Areas

According to Supreme Court rulings, the crime of "entering military restricted areas" under Article 332 of the Turkish Penal Code aims to protect the military interests of the state. In the justification for the article, the phrase "entering secretly" is defined as entering a restricted area by circumventing control and security measures; "entering by deception" refers to violating the prohibition using deceptive means.

This crime is considered an abstract danger crime; that is, the occurrence of concrete harm is not required. The crime can be committed with general intent regarding the security and privacy of prohibited areas.

The article defines military restricted areas by referring to Law No. 2565 on Military Restricted Areas and Security Zones. This law divides military restricted areas into first and second degree. It also states that the establishment and abolition of military restricted areas can be determined by the General Staff and the Council of Ministers.

Security zones are divided into two categories: private security zones and military security zones. It is stated that military security zones, as well as private security zones around public and private institutions, can be established and abolished under specific conditions. The characteristics of first and second-degree military restricted zones and security zones, and the penal provisions to be applied in case of violation of the restrictions in these zones, are also regulated in the relevant laws (Y16CD-K.2017/4251).

Time Limit for Filing a Crime and Statute of Limitations

The crime of entering military restricted areas is not among the offenses subject to complaint. Therefore, the investigation of the crime is carried out ex officio by the prosecutor's office, and there is no time limit for filing a complaint. Withdrawal of a complaint does not result in the dismissal of the criminal case. The crime can be investigated at any time, provided that the statute of limitations is observed.

The statute of limitations is a principle of criminal law that ensures a criminal case is dismissed if a certain period of time has passed since the crime was committed and the case is not filed or concluded within the legal time limit. For the crime of entering military restricted areas, the statute of limitations is 8 years according to the first paragraph of Article 331 of the Turkish Penal Code, and 15 years according to the second paragraph. The crime can be investigated within these periods; after these periods have expired, no investigation can be conducted.

Competent Court

Trials related to the crime of entering military restricted areas are conducted by the district criminal court.