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Depriving a Person of His Liberty (TCK Article 109)

28 Mayıs 2026 Criminal law 1 dk okuma 30 görüntülenme Son güncelleme: 8 Mayıs 2026

TCK Article 109: A person who unlawfully deprives a person of his freedom.

Penalties

  • Simple: 1-5 years in prison
  • With a gun / more than one person: 2-7 years
  • Ransom purposes: 10-20 years
  • Injury to the victim: additional penalty
  • Against the child: additional augmentation

Elements of the Crime

  • Deprivation of physical freedom of the victim
  • Unlawfulness (no authority)
  • Deliberate

Typical Scenarios

  • Kidnapping (girl/woman)
  • Domestic detention (forced detention at home)
  • For debt collection detention
  • Taking the child out of custody
  • Illegal detention by the authorities

Effective Regret

  • Release of the victim without causing harm: penalty reduction
  • Within a certain period of time

Supreme Court 14. CD

14. CD accepts that "duration" and "severity of the conditions" should be evaluated in the crime of restricting freedom, and that short-term detentions also constitute a crime.

Criminal defense is recommended.

Telif bildirimi This content and all related Q&A texts are protected under Turkish Copyright Law No. 5846. Unauthorized copying, reproduction, publication, adaptation, bulk extraction, or commercial use is prohibited; legal and criminal remedies are reserved in case of infringement.

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