Offences of violation of confidentially of communication(TPC art. 132)
2012
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Advisor: Prof. Dr. Veli Özer Özbek
Abstract (EN)
With the innovations that brought by the technology to our lives the connection between the people nowadays started to occur with much more different instruments. The transformation on connection instruments distinguished on the basis of providing faster and much more effective connection by these instruments. This transformation on the connection instruments has revealed the particular interventions and implied the abuse of rights on this area.The interventions of the Turkish Penal Code No:5237 related to the freedom of information have imposed to the sanction under the article 132 titled ?Violation of Confidentially of Communication?. This article, which is consisting of three paragraphs, embodies three different kinds of offences. At the first paragraph the offence of the violation of the confidentially of communication between the people, at the second paragraph the offence of disclosing the context of the communication unlawfully, at the third paragraph the offence of publicly disclosing the context of the communication with oneself, regulated.If these crimes, regulated under Art. 132, commit by the public officer by abusing the authority granted by a public service or by utilizing the convenience provided by a particular profession or art, the penalty that would be given to the offender will be increased according to Art. 137. It should be noted that excluding the crime not to destroy data, this provision is a common provision characterizing other types of crimes provided ninth part. Investigation and prosecution of these offences regulated under the Art. 132. are subject to complaint.Keywords: Right to Privacy, Freedom of Information, Privacy of Communication.
Author
Dr. İsmail Gürocak
Institution
How to Cite
İsmail Gürocak (Master Thesis). Offences of violation of confidentially of communication(TPC art. 132), 2012, Dokuz Eylül University.
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