Abstract:

The crime “the breach of national unity and territorial integrity” is regulated in Article 302 of Turkish Criminal Code No. 5237. In this article, legally protected values are unity, independence, sovereignty and territorial integrity of the state. The perpetrator of the crime could be anyone. This crime is regulated as an attempted crime. Therefore, only a proper act to substantiate one of the stated results is sufficient for committing the specified crime.The acts that constitute the material element of the crime consist of four different acts. First of them are the acts leads to partition of the state by allowing another state to rule a part or the whole territorial land. Second are the acts that weaken the independence of the state. Third are the acts which have an intention to disrupt legal and political unity. While the fourth are the acts directed to separate a portion of territories which are under the sovereignty of the state.Although it is not presumed in Turkish Criminal Code, this crime can only be committed by coercion because it is counted as a terror act according to Anti-Terror Law Article 3. If attempted crime is not supported with coercion and done within the ambit of the democratical rules, the crime is counted as uncommitted. To commit the crime, the acts expedient for the harmful result must be actualised. Hence this crime could only be committed with specific intent. When the expedient acts for the harmful result started, the crime is completed. Therefore attempt to this crime is not possible. This crime could be committed as an individual or in complicity, besides within an organization activity. In addition, both committing one act or more acts against the legally protected values are only counted as a single offence. However, according to Turkish Criminal Code Article 302/2, in case of committing another offence along with this act, the offender is additionally punished accordingly with the provisions relating to this offense

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