The crime of multiple marriages and fraudulent marriage is regulated in the section titled. “Crimes against Family Order” of Article 230 of Turkish Penal Code No. 5237 as follows
The crime of multiple marriages and fraudulent marriage is regulated in the section titled. “Crimes against Family Order” of Article 230 of Turkish Penal Code No. 5237 as follows
Article 230- A person who marries someone else while married shall be punished with imprisonment from six months to two years.
A person who performs a marriage ceremony with a person whom he knows to be married although he himself is not married shall. Also be punished according to the provision of the above paragraph.
A person who has a marriage ceremony with another person by concealing his/her real identity shall be sentenced to imprisonment from three months to one year.
The statute of limitations for the offenses defined in the paragraphs above shall commence to run as of the date of finalization of the annulment decision.
Characteristics of Multiple Marriage, Fraudulent Marriage and Religious Ceremony Offenses
For the crime to occur, it is sufficient for the married person to officially remarry. The fact that the person’s first marriage took place in a different country. Or city will not constitute an obstacle to the commission of the crime.
If the spouse disappears or disappears with a high probability of death and no news is received from the spouse for years, it does not mean that the person is not married. Because in cases such as the disappearance of the spouse. No one can reach his/her spouse for a long time. No news is received from him/her in an accident. He/she must apply for absence and apply after the decision of absence is taken. The divorce process must be realized. An official marriage can only be ended with an official divorce.
As stated in the first paragraph of Article 230 of the TPC. A crime will be committed if marriage is made with person who is not married. But knows that he/she is married.
It was said in the second paragraph of Article 230 of the TPC. An offense will be committed if the person marries a second time despite being married.
As it was said in the third paragraph of Article 230 of the TPC. A crime will also be committed if the marriage is made by concealing real identity.
Multiple Marriage, Fraudulent Marriage and Religious Ceremony Crime Competent Court
The competent court is the criminal court of first instance. The case will be heard at criminal court of first instance where crime was committed.
You can access our other article examples and petition examples by clicking here.