Abstract
In Article 8 of Turkish Penal Code (TPC) No. 5237, entitled “territorial jurisdiction”, it is stated that Turkish law will be enforced to the crimes committed within the borders of Turkey. Thus, the principle of territoriality is seen to have been adopted. In this context, the principle of territoriality was first reviewed in this study. However, in order for the principle of territoriality to be enforced, it is necessary to focus on what needs to be interpreted from the country of Turkey. As a matter of fact, the country seems to have two dimensions, real and hypothetical in the field of law. In this way, after focusing on what needs to be interpreted from the country of Turkey, it is necessary to determine what should be interpreted from the “place of offence”. Although merely the principle of territoriality was not only adopted by Turkey in the enforcement of criminal laws in terms of the place of the offence, the research was limited to the principle of territoriality. In this context, the study examines how and under what circumstances Turkish laws will be enforced in the crimes committed by foreign tourists in Turkey in accordance with the principle of territoriality.
Highlights
Enforcement of criminal laws based on the place of offence is meant to express where these laws will be enforced based on the crimes committed (Zafer, 2016, p. 668)
Considering the Court of Cassation practices regarding the enforcement of Article 8 of Turkish Penal Code (TPC), for example, according to the judgment of the Court of Cassation’s 12’s Criminal Chamber 2012/28360 register number and 2013/1040 judgment number and dated 15.01.2013, if cultural heritages in Turkey were illegally taken abroad by a foreign tourist, the crime was accepted to have been committed in Turkey, since the crime had been completed at the time of smuggling of the heritages violating the valid laws as stated in the first paragraph of Article 68 of the Cultural and Natural Heritage Protection Act No 2863 (Artuk et al, 2014, p. 264)
In terms of the offense committed in Turkey by foreigners, Turkish laws are enforced as stated in Article 8 of the TPC
Summary
Enforcement of criminal laws based on the place of offence is meant to express where these laws will be enforced based on the crimes committed (Zafer, 2016, p. 668). The validity of criminal laws in the principle of territoriality is limited to the state In this context, it cannot be argued that this principle could be enforced for the crimes committed out of the country In other words, it is valid in the cases when a state which adopts the principles of territoriality, personality, protection and universality judge a foreign perpetrator committing a crime in a foreign country against a person from a third state and the committed crime is not covered within the scope of the principle of universality. The basis of the principle of territoriality will first be reviewed Since this makes it necessary to focus on what needs to be interpreted from the concepts of “state” “and “the place of offence- the place where the crime was committed” It will focus on whether the provision of a sentence in a foreign country for a crime committed by a foreign tourist in Turkey is an obstacle to the enforcement of Turkish laws to this foreign tourist
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