The Offense Of Cooperating With The Enemy
The crime of cooperating with the enemy is regulated in Article 303 of the TPC No. 5237 under the section “Crimes against the Security of the State” as follows
Cooperation with the enemy
Article 303 – (1) A citizen who accepts service in the army of a state at war with the State of the Republic of Turkey, or engages in armed struggle against the State of the Republic of Turkey on the side of an enemy state, shall be punished with life imprisonment.
(2) A citizen who assumes any command duty in the army of an enemy state shall be punished with aggravated life imprisonment.
(3) In the event that other crimes are committed during the commission of the offenses defined in paragraphs one and two, punishment shall also be 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 in time of war and is obliged to serve in the army of that state.
As it is understood from the text of the article, accepting service in the army of a state at war with the Republic of Turkey or engaging in armed struggle against the Republic of Turkey on the side of the enemy state is defined as a crime. The perpetrator of this offense can only be a citizen.
In the second paragraph, assuming any command duty in the army of an enemy state is defined as a separate offense. For this offense to occur, it is not necessary to be at war with the enemy state. A state that is not yet in a state of war but engages in hostile acts against the State of the Republic of Turkey should be considered an enemy state. The perpetrator of this offense can only be a citizen. In order for this offense to occur, it is necessary to assume a duty in the army of the enemy state, even if indirectly, in the form of directing and influencing the administration.
During the commission of these offenses, for example, persons may have been killed, intentionally injured, or damage may have been caused to personal or public property. In the third paragraph of the Article, it is accepted that punishment will also be imposed for these offenses.
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 were forced to accept a service imposed by the laws of that state cannot be punished. It is a requirement of the principle of subjective responsibility in criminal law that a person who is forced to do something is not held responsible for it.
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