Unfair Search Crime TPC Art. 120
Unfair Search Crime and Punishment is regulated under Article 120 of the Turkish Penal Code. Unlawful search of persons within the framework of privacy of private life is regulated as a crime in accordance with TCK 120. Unlawful search of persons due to the crime of unlawful search is also a violation of human dignity.
Unlawful searches of people’s pockets, bags, suitcases or private cars lead to the formation of the crime of unlawful search.
A public officer who unlawfully searches a person’s person or property is deemed to have committed the offense of unlawful search.
As can be understood, only public officials can commit the offense of unlawful search. Therefore, the aforementioned crime is a specific crime. In order for these persons to constitute the crime of unjustified search, they must not have such authority, that is, they must perform the act of search unlawfully.
According to the relevant crime; a public official who unlawfully searches a person’s body or belongings is sentenced to imprisonment from 3 months to 1 year.
The damages that will occur due to the unreasonable search of the person and the seizure of documents, information, documents or belongings, and the damages that may be incurred in case of damage. There is a decision of the Court of Cassation to overturn the decision of the local court to reject the claim for pecuniary and non-pecuniary compensation due to unjustified search and to award pecuniary and non-pecuniary compensation in favor of the plaintiff.