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Attorney Ümit ÖZ

Turkish Criminal Law Attorney for

 

Human Smuggling

 

 
 

Turkish Penal Code (Türk Ceza Kanunu - TCK)

 

Human Smuggling (Article 79)

Article 79 - (1) Anyone who, with the aim of directly or indirectly obtaining material benefit, through illegal means:

a) Brings a foreigner into the country or enables them to stay in the country,

b) Enables a Turkish citizen or a foreigner to leave the country,

Shall be sentenced to imprisonment from five to eight years and a judicial fine of between one thousand and ten thousand days. (Additional sentence: 22/07/2010 - Law No. 6008/6) Even if the crime remains at the attempt stage, it will be punished as if it were completed.

 

(2) (Additional paragraph: 22/07/2010 - Law No. 6008/6) If the crime:

a) Poses a danger to the life of the victims,

b) Involves degrading treatment of the victims,

The sentence shall be increased by half to two-thirds.

(3) (Amended: 06/12/2019 - Law No. 7196/56) If this crime is committed by more than one person together, the sentence shall be increased by up to half. If it is committed as part of the activities of an organization, the sentence shall be increased by up to double.

(4) If this crime is committed within the framework of the activities of a legal entity, specific security measures shall be imposed on the legal entity.

 

Turkish Penal Code (Türk Ceza Kanunu - TCK)

Human Trafficking

Article 80- (1) (Amended: 6/12/2006 – 5560/3) Anyone who, with the intent to force into labor, service, prostitution, or to subject someone to servitude, or to obtain body organs, uses threats, coercion, force, violence, abuse of influence, deception, or exploits the control or desperation of individuals to obtain their consent, and who brings people into the country, takes them out of the country, supplies them, abducts them, moves them from one place to another, transports them, or shelters them, shall be sentenced to imprisonment from eight to twelve years and a judicial fine of up to ten thousand days.

(2) If the acts constituting the crime as mentioned in the first paragraph are committed with the aforementioned purposes, the consent of the victim is invalid.

(3) If persons under the age of eighteen are procured, abducted, moved from one place to another, or transported or sheltered for the purposes mentioned in the first paragraph, even if no specific acts constituting the crime are committed, the penalties specified in the first paragraph shall be imposed on the perpetrator.

(4) For legal entities, security measures shall be imposed due to these crimes.