What Is The Crime Of Breaking The Seal?
The crime of breaking the seal is regulated in Article 203 of the Turkish Penal Code under the heading ‘crimes against public trust’. Accordingly, it has been decided that the person who removes the seal placed by the competent authorities for the storage of something or for the exact protection of its existence will be punished. The legislator has arranged that not only the person who removed the seal, but also the person who acted contrary to the purpose of putting the seal will be punished for the crime of breaking the seal. The crime of breaking the seal occurs on the basis of the authority granted by law and by removing the seal duly placed by the competent authority or acting contrary to the purpose of its placement. The legal value protected by crime is the authority of the public administration and the state.
How Can The Crime Of Breaking The Seal Be Committed?
The crime of breaking the seal is an elective moving crime. The law stipulates that the crime of breaking the seal can be committed in two different ways. Accordingly, a person may commit this crime either by removing the seal or by acting contrary to the purpose of the speech without removing the seal. The actions of separating the seal from the item, tearing it off, disassembling it, breaking it also mean that the seal is broken.
It should be understood from the phrase that the seal is acting contrary to the purpose for which it was put, that the person is storing the thing that was put in the seal without performing the act of removing the seal and is acting in a manner that violates its preservation. For example, if a person continues to use the structure by entering it in another way without removing the seal after the unauthorized structure has been sealed by the competent authorities, the crime of breaking the seal will also occur. Because the law regulates that the action of a person who “acts contrary to the purpose of 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, acting contrary to the purpose of storing something or protecting its existence in kind, will be punished. However, the important point is that the purpose of the seal is not to change the ownership or ownership of the property or to change the way the property is used.
What Are The Elements Of The Crime Of Breaking The Seal?
- In order to be able to talk about the crime of breaking the seal, the following elements must be formed. Otherwise, the person’s action will not constitute the crime of breaking the seal and the person will not be punished for this crime. Counting the elements of the crime of breaking the seal;
- The seal must be put in accordance with the law or the order of the competent authorities. If a seal is placed by authorities that are not authorized to put the seal, the seal in question will be destroyed and no crime will occur. The sealing authority can be exercised on the basis of the law by many public institutions such as the Municipality, the Prefectural Administration, the Governorate, the Ministry of
- Health, the Directorate of Agriculture and the District.
- It is necessary to keep a record of sealing. However, it is not enough just to keep a record, a sealing process must be carried out in accordance with the actual legal forms and conditions. Otherwise, no crime will occur.
- It is necessary to put it in the right place in accordance with the purpose of placing the seal. Otherwise, there is no seal placed.
- A seal should be put to ensure that something is stored or its existence is protected in kind.
- 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 putting the seal.
- A person may commit this crime by removing the seal or by acting contrary to the purpose of the speech without removing the seal.