WHAT IS A SEAL-BREAKING CRIME?
The crime of breaking the seal is regulated under the title of ‘crimes against public trust’ in article 203 of the Turkish Penal Code. Accordingly, it is stipulated that the person who removes the seal placed by the competent authorities in order to hide something or to preserve its existence will be punished. The legislator has regulated that in the crime of breaking the seal, not only the person who removes the seal, but also the person who acts contrary to the purpose of placing the seal will be punished. The crime of breaking the seal is formed by removing the seal placed by the competent authority in accordance with the authority given by law or by acting contrary to the purpose of its placement. The legal value protected by crime is the public administration and the authority of the state.
HOW CAN THE CRIME OF DESEALING BE COMMITTED?
The crime of breaking the seal is a selective motion crime. The law stipulates that the crime of breaking the seal can be committed in two different ways. Accordingly, the person may commit this crime either by removing the seal or by acting contrary to the purpose for which it was placed without removing the seal. The actions of separating, tearing, removing, breaking the seal from the goods also mean the breaking of the seal.
The point that should be understood from the phrase “behaving against the purpose of putting the seal” is that the person acts in violation of the preservation and preservation of the thing that has been sealed without performing the act of removing the seal. To explain with an example, the crime of breaking the seal will also occur if the person continues to use the building by entering in a way other than removing the seal, after the building, which is in violation of the license, is sealed by the competent authorities. Because the law regulates that the act of the person who “acts against the purpose of his speech” will also constitute the crime of breaking the seal. For this reason, the person who removes the seal or uses it without removing it by acting against the purpose of hiding something or preserving its existence will be punished. However, the important point is that the purpose of the seal is not to change ownership or possession or to change the way the property is used.
WHAT ARE THE ELEMENTS OF SEAL-BREAKING CRIME?
In order to talk about the crime of breaking the seal, the elements listed below must occur. Otherwise, the action of the person will not constitute the crime of breaking the seal and the person will not be punished for this crime. To count the elements of the crime of breaking the seal;
The seal must be placed in accordance with the law or the order of the competent authorities. If a seal is placed by authorities that do not have the authority to put the seal, the seal in question will be null and void and no crime will occur. The sealing authority can be used by many public institutions such as the Municipality, District Governorate, Governorate, Ministry of Health, Agriculture and District Directorate, based on the law.
It is necessary to keep a record of the sealing. However, it is not enough to just keep a record, it is necessary to have a sealing process in accordance with the actual legal form and conditions. Otherwise, there will be no crime.
The seal must be placed in the right place in accordance with its intended purpose. Otherwise, the seal is null and void.
The seal must be placed to ensure that something is kept or preserved as it is.
The crime of breaking the seal is one of the crimes that can be committed intentionally. For this reason, the person who commits the crime of breaking the seal must commit the crime with the intention of acting contrary to the purpose of the seal.
By removing the seal or without removing the seal, the person may commit this crime by acting contrary to the purpose of being placed.
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