The crime of collaborating with the enemy is regulated in Article 303 of the Turkish Penal Code No. 5237 under the section “Crimes Against the Security of the State” as follows:
Collaborating with the enemy
ARTICLE 303 – (1) A citizen who accepts service in the army of a state at war with the Republic of Turkey and engages in armed combat against the Republic of Turkey on the side of the enemy state shall be punished with life imprisonment.
(2) A citizen who assumes any command position in the army of the enemy state shall be punished with aggravated life imprisonment.
(3) If other crimes are committed during the commission of the crimes defined in the first and second paragraphs, punishment shall also be imposed for these crimes in accordance with the relevant provisions.
(4)
No punishment shall be imposed on a citizen who is in the territory of the enemy state during the war and who is required to be enlisted in that state’s army.
As can be understood from the text of the article, serving in the army of a state at war with the Republic of Turkey or engaging in armed combat against the Republic of Turkey on the side of the enemy state is defined as a crime. Only a citizen can be the perpetrator of this crime.
The second paragraph defines assuming any command position in the enemy state’s army as a separate crime. It is not necessary to be at war with the enemy state for this crime to occur. A state that is not yet at war but is engaged in hostile actions against the Republic of Turkey should be considered an enemy state. Only a citizen can be the perpetrator of this crime.
The essential element for this crime to be committed is to assume a role that indirectly influences the management and administration of the enemy state’s army.
For example, during the commission of these crimes, individuals may have been killed, intentionally injured, or harmed. The third paragraph of the article stipulates that additional penalties shall be imposed for these crimes.
According to the fourth paragraph of the article, those who were in the territory of a foreign state before the war and were forced to accept a service imposed by the laws of that state cannot be punished, as it is a requirement of the principle of subjective responsibility in criminal law that a person who is forced to do something cannot be held responsible for it.