THE CRIME OF TRESPASSING THE MILITARY’S RESTRICTED AREAS

The crime of entering military forbidden zones is established by Article 332 of TCK(Criminal Code) No. 5237. in the article ”Crimes against State Secrets and Espionage” the article is organized as follows:

Entering Military Restricted Areas

Article 332 – (1) Those who enter places that are prohibited from entering by virtue of the military interest of the State secretly or by deception are sentenced to imprisonment from two to five years.

(2) If the act is committed in wartime, the perpetrator will be sentenced to imprisonment from three to eight years.

Elements of the Crime of Entering Military Forbidden Zones:

According to the application of the Supreme Court; In Article 332/1 of the Turkish Commercial Code No. 5237, which is regulated by the title “Entering military forbidden areas”; “Those who enter places that are prohibited from entering in accordance with the military interest of the state by stealth or by deception are sentenced to imprisonment from 2 to 5 years.” it was said that, basically, it was wanted to protect the security and military benefits of the state.

In the justification of the article, it is defined as entering the forbidden place by eliminating all kinds of control and protection measures from the phrase sneaking in, and using deceptive means to enter from the phrase entering by cheating.

This type of crime is an abstract danger crime and it was not expected that a concrete phenomenon would occur. It is enough to perform the actions specified in the law and it is not sought to reveal the result.

332 OF TCK. if the article is evaluated together with the title of the border, it becomes clear that the subject of the crime is military forbidden zones, but where these places are located is determined in the Law on Military Forbidden Zones and Security Zones No. 2565. 2 Of the Relevant Law. in its article, the military forbidden zones are divided into two, the first and second degree military forbidden zones. In the same article, there is a provision that military forbidden zones can be established and abolished by a decision of the Council of Ministers upon the need of the General Staff.

According to Article 332 of the Turkish Criminal Code, entering prohibited areas protected by military benefit may be november with the general intention of violating security and confidentiality. By taxi, it will not be a crime to enter by mistake. Sneaking in means entering the prohibited place by eliminating all kinds of measures related to supervision and protection. If you enter by trick, it means using deceptive means to enter. Using a fake ID, like wearing a military dress.

According to the last paragraph of the article, the processing of the verb in wartime is considered an aggravating cause.