Offence of Entering in Forbidden Military Areas (Article 332 Of Turkish Criminal Code)

Askeri Yasak Bölgelere Girme Suçu (Türk Ceza Kanunu 332. Madde)

Ali Rıza TÖNGÜR

In this article, firstly, basic information about the forbidden military areas will be given; afterwards, the offence of entering in “forbidden military areas” governed under article 332 of Turkish Criminal Code will be considered within the framework of judgements.

Forbidden Military Area, Military Security Region, National Security, State Security, Political Interests.

Bu çalışmada, öncelikle askeri yasak bölgelere ilişkin temel bilgiler verilecek; sonrasında Türk Ceza Kanunu’nun 332. maddesinde düzenlenen askeri yasak bölgelere girme suçu yargı kararları ile birlikte incelenecektir.

Askeri Yasak Bölge, Askeri Güvenlik Bölgesi, Ulusal Güvenlik, Devlet Güvenliği, Siyasal Yarar.

One of the principal and most important duties of the State is to provide the security. Individuals and the society consisting of the individuals need to exist securely. In this regard, the society and the State may firstly survive by fulfilling the need of security. In spite of the fact that the State protects itself from the threats from the inside and outside through its own bodies, the society and the individuals have also a part to protect and watch over the legal entity of the State.

The State forbids to enter in some military regions to ensure both its own security and the security of the individuals and the society. This prohibition is a practice accepted by all States and serving the security of the State and eventually the security of the individuals and the society. The interests obtained through the prohibition protects the interests in relation with the State security, national defence, national and foreign political benefits. The mentioned interests prevents the free entrance to some places. Article 332 of Turkish Criminal Code forbids entering in forbidden military places to protect these interests.

When the provision is examined, it is understood to be a norm requiring the regulation of the administration. It may also be stated that the article is "an open criminal norm" or "a white norm" as the Criminal Code does not specify what or where the forbidden military areas or regions are.