The crime of entering military forbidden areas is regulated as follows in article 332 of the Turkish Penal Code No. 5237 in the section “Crimes Against State Secrets and Espionage”:
Entering Military Restricted Areas
ARTICLE 332 – (1) Those who enter the places that are prohibited for the military benefit of the state, secretly or by fraud, are sentenced to imprisonment from two years to five years.
(2) If the act is committed during wartime, the perpetrator is sentenced to imprisonment from three to eight years.
Elements of Offense of Entering Military Forbidden Zones:
According to the Supreme Court practice; In the article 332/1 of the Turkish Penal Code No. 5237, which is regulated with the title of “Entering the Military Forbidden Areas”; “Those who enter the places that are prohibited for the military benefit of the state, secretly or fraudulently, are sentenced to imprisonment from 2 years to 5 years.” basically, it was aimed to protect the security and military benefits of the state.
In the justification of the article, the phrase sneaking in is defined as entering the prohibited place by removing all kinds of measures regarding control and protection, and using deceptive means to enter by cheating.
This type of crime is in the nature of an abstract danger crime and a concrete phenomenon was not expected to occur. It is sufficient to perform the actions specified in the law, and the result is not sought.
When the article 332 of the Turkish Penal Code is evaluated together with the margin title, it is understood that the subject of the crime is military forbidden zones, but the locations of these places are determined in the Military Forbidden Zones and Security Zones Law No. 2565. In Article 2 of the relevant Law, military forbidden zones are divided into two as first and second degree military forbidden zones. In the same article, there is a provision that military forbidden zones can be established and removed by the decision of the Council of Ministers upon the necessity of the General Staff.
According to article 332 of the Turkish Penal Code, entering prohibited areas protected by military interests may be committed with the general intent of violating security and privacy. It will not be a crime to enter by mistake or negligence. sneak in; means to enter the prohibited place by removing all kinds of measures related to control and protection. Hacking means using deceptive means to enter. Like using a fake ID, wearing military clothes.
According to the last paragraph of the article, committing the act in time of war is considered an aggravating factor.
