Seal Tampering Crime And Punishment (Tck Article 203)
WHAT IS THE OFFENCE OF BREAKING A SEAL?
The offence of breaking the seal is regulated in Article 203 of the Turkish Penal Code under the title of ‘offences against public trust’. Accordingly, it is stipulated that the person who removes the seal placed by the competent authorities for the storage of something or the preservation of its existence will be punished. The legislator has regulated that in the offence of breaking the seal, not only the person who removes the seal, but also the person who acts against the purpose of the seal will be punished. Offence of tampering with a seal is committed by removing the seal imposed by the competent authority based on the authority granted by law and in accordance with the procedure, or by acting contrary to the purpose for which it was imposed. The legal value protected by the offence is the public administration and the authority of the state.
HOW CAN THE OFFENCE OF BREAKING A SEAL BE COMMITTED?
The offence of breaking a seal is an elective offence. The law stipulates that the offence of breaking the seal can be committed in two different ways. Accordingly, the person can commit this offence either by removing the seal or by acting against the purpose of the seal without removing the seal. The acts of separating, tearing, dismantling, breaking the seal from the goods also means breaking the seal.
What should be understood from the expression of acting contrary to the purpose of the seal is that the person acts in violation of the storage and preservation of the sealed thing without removing the seal. To explain with an example, the offence of breaking the seal will also occur if the person continues to use the building by entering the building in another way without removing the seal after the building contrary to the licence is sealed by the competent authorities. Because the law regulates that the act of the person who “acts contrary to the purpose of the seal” will also constitute the offence of breaking the seal. For this reason, the person who removes the seal or uses it without removing it by acting contrary to the purpose of hiding something or protecting its existence will be punished. However, the important point is that the purpose of the seal is not to change the ownership or possession or to change the way the property is used.
WHAT ARE THE ELEMENTS OF THE OFFENCE OF BREAKING A SEAL?
In order to be able to talk about the offence of breaking the seal, the elements listed below must occur. Otherwise, the action of the person will not constitute the offence of breaking the seal and the person will not be punished for this offence. To list the elements of the offence of breaking a seal
The seal must be placed in accordance with the law or the order of the competent authorities. If the seal is placed by authorities who are not authorised to place the seal, the seal in question will be deemed null and void and the offence will not occur. The sealing authority can be used by many public institutions such as the Municipality, District Governorship, Governorship, Ministry of Health, Agriculture and District Directorate on the basis of the law.
It is necessary to keep a record of the sealing. However, it is not enough just to keep a record, a sealing process must actually be carried out in accordance with the legal form and conditions. Otherwise, the offence will not occur.
The seal must be placed in the right place in accordance with the purpose of placing it. Otherwise, the seal shall be deemed null and void.
The seal must be placed in order to ensure that something is kept or its existence is preserved exactly as it is.
The offence of breaking a seal is one of the offences that can be committed intentionally. For this reason, the person who commits the offence of breaking the seal must commit the offence with the intention of acting against the purpose of the seal.
The person may commit this offence by removing the seal or by acting against the purpose of the seal without removing the seal.
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