The offense of making the person deprived of liberty

In our study, the crime that excludes the person from his / her freedom existing in the 109th Article of Turkish Penal Code has been investigated in the light of the opinions in the doctrine and dijudication.In the crime excluding the person from his / her freedom, the action that excludes somebody from the freedom of going somewhere or staying somewhere illegally is penalized. Therefore, the liberty of the individuals to be able to behave with their free willing has been protected in this crime. Arranging the action of excluding the person from his / her freedom as crime, it has been aimed to penalize the person who restricts the action liberty of the individuals illegally.In our study, it has been told how the crime exists in the 765 numbered Turkish Penal Code, and what sort of amendments were fulfilled in the 5237 numbered Turkish Penal Code have been explained in detail. The relation of the crime of excluding the person from his / her freedom with the other similar crimes have been studied. This crime which is our subject of study have been mentioned under the different headings from the material elements, the quality conditions of the crime have been tried to get explained with the examples that is often met in the practice and dijudications after the element of the crime that is spiritual and illegal is told. Again, how the ways of the special look of the crime will occur has been told.In the 109th Article of Turkish Penal Code, the sanction of the crime excluding the person from his / her freedom has been arranged, and what this sanction is and what kind of results this sanction will cause under Turkish Penal Code and Code of Criminal Procedure has been tried to get explained.