This article addresses the decriminalization and punishment of unlawful searches under Article 120 of the Turkish Penal Code. Within the scope of the right to privacy, the unlawful search of individuals is classified as a crime under Article 120 of the Turkish Penal Code. The unlawful search of individuals constitutes a violation of human dignity.
The unlawful search of a person’s pockets, bags, suitcases, or private vehicles constitutes an unlawful search.
If a public official unlawfully searches a person’s person or private belongings, they are deemed to have committed the crime of unlawful search.
As can be understood, only public officials can commit the crime of unlawful search. Therefore, this is a specific offense. For such individuals to commit the crime of unlawful search, they must lack the necessary authority—that is, they must carry out a search in violation of the law.
According to the relevant law, a public official who searches a person’s person or belongings in violation of the law is subject to imprisonment for a term of three months to one year.
It is stated that individuals may claim compensation for damages resulting from an unreasonable search and the seizure of documents, information, records, or personal belongings. The Supreme Court overturned the Local Court’s decision, which had rejected the claim for material and moral damages due to an unlawful search, and ruled in favor of the plaintiff, ordering the payment of material and moral damages.