The offence of unpaid utilization in the Turkish Criminal Code No: 5237

Some acts which constitute unpaid utilization were inserted for the first time into the Turkish Criminal Code No: 765 with the Code No: 3756 which was adopted in 1991. The acts which constitute unpaid utilization were appraised from time to time on the one hand as being outside the criminal law both in Turkish law system and the law systems of other countries; on the other hand, some of these acts have become a part of criminal codes. The ideas that the acts which are deemed as unpaid utilization must be regarded as legal disputes and those acts should be criminally penalized has been discussed in the doctrine long since. Nevertheless, with regard to the latter idea, there are various views about whether the above-mentioned acts should be penalized as a separate category of an offence or whether they should be evaluated in the scope of similar categories of offences which are a part of criminal codes like fraud, burglary or the crimes in the area of informatics. These discussions have also been reflected by the decisions of the judiciary. Since the various debates related to the acts of unpaid utilization has come to the fore with the arrangement of Article 163 of the Turkish Criminal Code No: 5237, this thesis aims, firstly, to examine the position of the above-mentioned acts regarding the criminal law, and secondly, to determine the positive and negative sides of this arrangement and in this regard to clarify the application of Article 163 of the Turkish Criminal Code No: 5237 with providing the evaluations in the doctrine and the practice.In this thesis, the offence of unpaid utilization has been analyzed under two chapters. In the first place, the historical development process and the arrangements with regard to the unpaid utilization in several countries are mentioned and the offence of unpaid utilization in the Turkish Criminal Code No: 5327 is analyzed in all aspects. Afterwards, the offence of unpaid utilization was compared to the crimes of burglary, fraud, damage to property, forgery of documents and the crimes in the area of informatics referring to the acts which constitutes unpaid utilization according to the Turkish Criminal Code No: 765. Through this thesis, not only the different views and implementations about various topics which are deemed as a problem in the doctrine and the practice are touched upon, but also these topics are separately evaluated. Moreover, in general, in this thesis, some deficiencies which may occur during the implementation of the arrangement related to the unpaid utilization are mentioned and the views which are related with the solution suggestions and the applicability of the Article 163 of the Turkish Criminal Code No: 5237 are offered.Key Words:1. Unpaid utilization2. Service provided by automatic machines3. The line and frequency of telephone4. Encrypted and not encrypted broadcast5. Fraud