The crime of violation of immunity of housing from the perspective of the constitution and the Turkish penal code

Inviolability of the domicile as a fundamental right and freedom has been under the protection of the constitution and its violation has been sanctioned via penal code at national level. This fundamental right has been recognized at international level by international treaties as well. The main clause which provides assurances for the inviolability of the domicile is the 21st article of the 1982 constitution. The main norm which envisages sanctions against this crime is 116th article of Turkish Penal Code, no: 5237. Legal benefit in the protection of the inviolability of the domicile is the provision of the right for a peaceful and safe life in the domicile without any hindrance that may come from others. This right is directly linked with the confidentiality and the inviolability of the private life. Violation of this right constitute a crime against the freedom of individuals. The law which considers such acts as crimes protects the individual freedoms and not the domicile as a location itself. Penalization of the inviolability of the domicile ensures the individual to sustain his/her life in safety and peace in his/her domicile. The annexes to the domicile as well as the office places and their annexes are under protection by the penal sanctions. Thus, individual freedom in these premises are protected. This paper consists of three chapters: In the first part residential and inviolability of the concept of the right to inviolability of housing in the Constitution of the Republic of Turkey and international documents, the legal value of the development process, this right is protected and crime were investigated. In the second part, the elements of the crime of violating the immunity of housing and the conditions affecting the defect according to the Turkish Penal Code Numbered 5237 are examined. In the third part, qualified cases in the crime of violating the immunity of housing, special forms of crime and investigation and prosecution procedure are examined.