The offense in the breach of the privacy of communication "art. 132 of Turkish Penal Code"

The offense in the breach of the privacy of communication that is guaranteed by European Convention on Human Rights and the Constitution is arranged in art. 132 of Turkish Penal Code. In this article is organized in three different crimes that are "the breach of the privacy of communication" (art.132/1), "the revealment of the contents of communications between persons" (art. 132/2), "the revealment of the contents of own communications publicly" (art. 132/3). In order to arise the crime in art.132/1 of Turkish Penal Code, the communication must be done between certain individuals and in the ways that other people can not learn. While the art. 132/2 punishes the revealment of the content of the non-accession to the communication unlawfully; in order to occur the crime of art. 132/3, the revealment must be done without the consent of the other party, unlawfully and publicly. If the breach of privacy is committed an offence by the recording of the communication content (art. 132/1 c. 1), the public officials and the stretch of their authority (art. 137/1-a), and the trading upon the advantage of a certain vocation (art. 137/1-b), it is called the major form of crime. The privacy of communication is not the absolute; the existence of a reason of compliance with laws can justify the interference in the freedom of communication. Investigation and prosecution of the crimes depend on a complaint (art. 139) and the court of jurisdiction is the criminal court of first instance. Key Words Private Life, The Communication, The Freedom Of Communication, The Privacy Of Communication