The crime of collaborating with the enemy is regulated as follows in Article 303 of the Turkish Penal Code No. 5237 in the section “Crimes Against the Security of the State”:
Cooperate with the enemy
ARTICLE 303 – (1) A citizen who accepts service in the army of the state that is at war with the Republic of Turkey, and engages in an armed struggle against the Republic of Turkey on the side of the enemy state, is sentenced to life imprisonment.
(2) A citizen who assumes any command duty in the army of the enemy state is punished with aggravated life imprisonment.
(3) If other crimes are committed during the commission of the crimes defined in the first and second paragraphs, a penalty is also imposed for these crimes in accordance with the relevant provisions.
(4) No penalty shall be imposed on a citizen who is in the territory of an enemy state during war and has to be recruited into the army of that state.
As it is understood from the text of the article, accepting service in the army of the state that is at war with the Republic of Turkey or engaging in an armed struggle against the Republic of Turkey on the side of the enemy state is defined as a crime. The perpetrator of this crime can only be a citizen.
In the second paragraph, undertaking any command post in the army of the enemy state is defined as a separate crime. For this crime to occur, it is not necessary to be at war with the enemy state. A state that is not at war yet, but is engaged in hostile actions against the Republic of Turkey should be considered an enemy state. The perpetrator of this crime can only be a citizen. The necessary point for this crime to occur is to undertake a duty in the form of being effective in the administration and administration, albeit indirectly, in the army of the enemy state.
For example, people may have been killed, deliberately injured, or damaged, or damaged, at the time these crimes were committed. In the third paragraph of the article, it has been accepted that an additional penalty will be imposed for these crimes.
According to the fourth paragraph of the article, it is explained in the fourth paragraph of the article that those who were in the territory of a foreign state before the war and had to accept a service imposed by the laws of that state cannot be punished. It is a requirement of the subjective responsibility principle in criminal law that a person who is compelled to do something is not held responsible for it.
