Crime of unlawful search

Search is done to reveal something hidden. The search is carried out in the form of searching the person's body, belongings, vehicle, private documents, residence, workplace, areas where he lives his private life. Search, which is a precaution, is to make interference with fundamental rights and freedoms inevitable. The conditions for resorting to this measure should be legally determined in detail, avoiding arbitrariness. Effective and effective judicial guarantees and supervision mechanisms should be established for the persons who are subject to this measure. Unlawful search is sanctioned through criminal law. The crime of unlawful search, which forms the basis of our study, envisages the punishment of public officials who interfere with fundamental rights and freedoms through the search process. However, before the crime type analysis, the types and conditions of the search measure, how and in what way the legal search will be carried out are emphasized. In the first part of our study, the concept of search and the principles that dominate the search, judicial search and prevention search, which are the types of search, are examined separately, and the conditions of the search in accordance with the law are tried to be revealed. In the second part of our study, the elements of the crime of unlawful search were examined, the material element of the crime, the element of illegality, the moral element, the special appearances, the relationship with similar crime types, the sanction and the judgment were emphasized.