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Despite it takes part neither in the constitution nor in the penal code, in political life of Turkey the term “constitutional offence” is used very often. On the other hand, “constitutional offence” is supposed to be an offence type and being used as it perceived. There are two main elements of this problem. First, the violation of any constitutional provision is not regulated as an offence in the Turkish Penal Code (TPC). Therefore, the acts shall not be punished, as it is perceived as a serious offence in public opinion. Secondly, the crime “violation of constitution” said in the 309th article of TPC is titled wrongly, and punishes the attempt of changing constitutional system by a coup. The purpose of this paper is to explain why the term “constitutional offence” is wrong and the regulations must be done in case of solving this problem
Although it takes part neither in the constitution nor in the criminal code, in the political life of Turkey the term "constitutional offence" is used very often. On the other hand, "constitutional offence" is supposed to be an offence type and being used as it perceived. There are two main elements of this problem. First, the violation of any constitutional provision is not regulated as an offence in the Turkish Criminal Code (TPC). Therefore, the acts shall not be punished, as it is perceived as a serious offence in public opinion. Secondly, the crime "violation of constitution" said in the 309th article of TPC is titled wrongly, and punishes the attempt to change the constitutional system by a coup. The purpose of this paper is to explain why the term "constitutional offence" is wrong and the regulations must be done in case of solving this problem
Field : Hukuk
Journal Type : Ulusal
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