Crime of violating the constitution

States with constitutions protect the order envisaged in their constitutions, generally by the constitution itself, by constitutional jurisdiction or by criminal laws. The const itutional order of the State of the Republic of Turkey is the order envisaged in the Constitution of the Republic of Turkey. The legislator, in order to punish those who attempt to abolish the order stipulated by the Constitution of the Republic of Turkey or to replace this order or to prevent the actual implementation of this order, by using force and violence, shall be punished with the heaviest penalty in Article 309 of the Turkish Penal Code No. 5237. It regulates the crime of violating the constitution in its article. The aim of this study is to examine the structure of the crime of violating the constitution within the scope of "crime theory" and, if possible, to produce solutions about the problem areas that have been revealed both in doctrine, in hig h court decisions and in practice. In the study, it has also been tried to reveal the special appearance of the crime of violating the constitution, as well as the characteristics of the crime in this context, especially its differences compared to other c rimes in terms of investigation and prosecution procedures, since it is a terrorist crime. Subsequently, the sanction of the crime of violating the constitution, the execution of the sanction and the statute of limitations were examined. In addition, since it is considered that the crime of violating the Constitution also covers the "crime against the legislature" regulated in article 311 of the Turkish Penal Code numbered 5237 and the "crime against the government" regulated in article 312, the crime of vi olating the constitution is associated with both crimes relationship has been revealed and a proposal has been made in this regard.