Breaking The Seal Crime
The crime of breaking the seal is one of the crimes that can be committed intentionally and is regulated in Article 203 of the TPC. The crime of breaking a seal occurs as a result of the removal of the seal placed by the competent authorities for the preservation of something or the protection of its existence as it exists, or as a result of actions contrary to the purpose of placing the seal.
Regardless of the purpose and motive of the act of breaking the seal, since general intent is foreseen for the crime, it is sufficient to act with general intent for the crime to occur.
Acting Contrary to the Law or the Order of a Competent Authority in the Crime of Breaking the Seal
First of all, in order for the crime of breaking the seal to occur, sealing must be carried out in accordance with the law or the order of a competent authority. Sealing authority; municipality, district governorship, governorship, ministry of health, agriculture and district directorate etc. It is an authority based on the law by many public institutions such as. The crime of breaking the seal does not occur if an authority that does not have the authority to seal is sealed or if the seal is removed in case of sealing even though the authority to seal is not defined in any way in the law. For example, the sealing of the production site of a catering company by the municipal zoning directorate is null and void since it is against the legal authority and procedure. Removing or lifting the seal also does not constitute this offense.
Administrative actions taken without a legal basis in the use of sealing authority are null and void. Since unauthorized sealing does not constitute a crime, the perpetrator will not be punished with the penalty of the crime of breaking the seal if the seal is removed.
The crime of breaking the seal is a type of crime that can be committed intentionally with two different acts:
a-Removal of the Seal: The crime of breaking the seal occurs when the seal imposed by the order of the competent authority or the law is removed. It does not matter whether the act of removing the seal is done in other ways such as removing, tearing, breaking or burning the seal, etc.
b-Use of the Seal Contrary to the Purpose of the Seal: Even if the seal is not broken or removed, acting contrary to the reason for its imposition also constitutes an offense. For example, after a construction is sealed by the competent authority, the crime of breaking the seal will occur even if the contractor continues the construction without breaking the seal.
Sanction of the Offense of Breaking the Seal
The penalty for the offense of breaking the seal is imprisonment from 6 months to 3 years or a judicial fine (Art. 203 of the TPC). Therefore, it is not possible to impose both penalties at the same time.
If the penalty for the crime of breaking a seal is determined as imprisonment, this penalty can no longer be converted into a judicial fine. However, hagb or postponement of the sentence can be decided about the imprisonment sentence.
Complaint Period, Statute of Limitations, Reconciliation and Competent Court
Since the crime of seall breaking is not among the crimes subject to complaint, it is investigated ex officio by the prosecutor’s office and there is no complaint period for this crime. The withdrawal of the complaint does not result in the dismissal of the criminal case. The crime can be investigated at any time, provided that the statute of limitations is observed. The ordinary statute of limitations for the crime of breaking the seall is 8 years. The offense cannot be investigated after the statute of limitations has expired.
The courts in charge of the proceedings for the crime of breaking the seal are the Criminal Courts of First Instance.