Unfair Search Crime and Punishment is regulated in Article 120 of the Turkish Penal Code. Within the framework of the privacy of private life, illegal searches of persons are regulated as a crime in accordance with 120 of the TURKISH CRIMINAL LAW. Unlawful search of people due to the crime of unfair search is also an infringement of human dignity.
Unlawful searches of people’s pockets, bags, suitcases or private cars cause the crime of wrongful search.
A public official who unlawfully searches a person’s clothes or belongings is deemed to have committed the crime of searching unfairly.
As it can be understood, only public officials can commit the crime of wrongful search. Therefore, the aforementioned crime is in the nature of a specific crime. In order for these persons to constitute the crime of wrongful search, they must not have such authority, that is, they must carry out an illegal search.
According to the relevant crime; A public official who unlawfully searches a person or his belongings is sentenced to imprisonment from 3 months to 1 year.
It has included the damages that may occur due to excessive search of the person and confiscation of documents, information, documents or belongings, and that they can claim compensation in case of damage. There is a decision of the Court of Cassation to grant material and moral compensation in favor of the plaintiff by overturning the decision of the local court to reject the claim for pecuniary and non-pecuniary damages due to unfair search.
