30 May Crime Of Breaking The Seal
The crime of breaking the seal (seal fekki) is one of the crimes that can be committed deliberately and is the case of TCK 203. edited in Article. The offence of breaking the seal is caused by the removal of the seal or acts contrary to the purpose of placing the seal in order to preserve something or to protect its existence as it exists.
Since the general caste is prescribed for the crime regardless of the purpose and purpose of the act of breaking the seal, it is sufficient to act with the general caste for the crime to occur.
Act contrary to the law or the Order of the Competent Authority in the offence of breaking the seal
First, in order for the offence of breaking the seal to occur, sealing must be carried out in accordance with the law or the order of a competent authority. Sealing authority; municipality, prefect, governor’s Office, Ministry of Health, Directorate of Agriculture and District etc. as such, it is an authority based on law by many public institutions. If the seal is removed by an authority that does not have the authority to seal it or if the seal is not issued in any way in the law, the crime of breaking the seal does not occur. To give an example, since it is against the legal authority and procedure of the Municipal Development Directorate to seal the production site of a catering company, the sealing process is void. The removal or removal of the seal does not constitute this offence.
There are no administrative procedures performed without legal basis in the use of the sealing authority. Since unauthorized sealing does not give body to the crime, the perpetrator shall not be punished with the punishment of the crime of breaking the seal if the seal is removed.
The crime of breaking the seal is a type of crime that can be deliberately committed with two different acts:
a-removal of the seal: if the seal is removed as required by the Order of the Competent Authority or the law, the offence of breaking the seal will occur. The verb to remove the seal; to dismantle, tear, corrupt or burn the seal, etc. it doesn’t matter if it’s done in other ways like this.
b-use of the seal contrary to the purpose of placing: although there is no question of corruption or removal of the seal, it is also a crime to act contrary to the reason for placing it. For example, after a construction has been sealed by the Competent Authority, the crime of breaking the seal will occur even if the contractor continues the construction without breaking the seal.
Sanctioning The Offence Of Breaking The Seal
The penalty for the offence of breaking the seal is imprisonment of 6 months to 3 years or a judicial fine (TCK md. 203). Therefore, it is not possible to give both sentences at the same time.
If the penalty for the crime of seal fekki is determined to be a prison sentence, that penalty can no longer be translated into a judicial fine. However, hagb or postponement of the sentence may be decided on the sentence of the sentenced.
Duration of complaint, statute of limitations, settlement and Court of charge
Since the seal fekki crime is not included among the crimes subject to the complaint, it is being investigated by the prosecutor’s office and there is no period of complaint for this crime. The dismissal of the complaint does not result in the dismissal of the criminal case. The crime can always be investigated, provided that the statute of limitations of the case is respected. The statute of limitations of the ordinary case in trials for the seal fekki crime is 8 years. No investigation can be conducted for the crime after the specified statute of limitations has expired.
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