Crime of deprivation of an individual of freedom
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Abstract (EN)
Depriving an individual of freedom has been accepted as a crime in many criminal law systems throughout whole history. In this context, it is aimed not to limit the freedom of movement, physical freedom of individuals illegally and to punish the ones that act contrary to this guarantee.In Article 109 of Turkish Criminal Code no. 5237 under ?Crimes Against Individuals? Chapter, ?Crimes Against Freedom? Section, it is stipulated that ?An individıal who deprives another of the freedom to go or stay somewhere illegally shall be punished with imprisonment from one to five years?. With this provision, in accordance with the crime type depriving an individual of freedom, freedom of movement for an individual to go to or stay at a place is protected.This provision which overlaps with Article 179 of the previous Turkish Criminal Code no. 765 with content is at the same time regulated to cover many articles that were present as independent crime type in the previous Code. But, with the new regulation, components of the crime have been much more clearer.Although within the context of the provision, there is place for the situation of aggravated types of the crime, in Article 110, provisions on effective regret as a personal reason reducing punishment, in Article 111, application of security measure about a legal person for whom illegal benefit is ensured at the end of a crime depriving an individual of freedom have been regulated.
Author
Cemal Başar
Institution
How to Cite
Cemal Başar (Master Thesis). Crime of deprivation of an individual of freedom, 2012, Dokuz Eylül University.
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