Author
Akyıldız, Anıl
Publication Date
2020-04
Subject
Crime of breach of confidentiality, Investigation, Confidentiality of the investigation, Right to file review, Forensic news, Right not to be stained, The crime of the breach of confidentiality, Investigation, Confidentiality of the investigation, The right not to be stained
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
4f7b4da5-43a3-4948-b858-66a4bfe3fa44
Library Location
Department of Public Law
Date
2020-04
Sample Text
In this study, three of the four crime types regulated in Article 285 of the Turkish Penal Code titled Violation of Confidentiality, which are related to the investigation phase, were examined. The reorganization of the relevant article in 2012 caused significant changes in the scope of crimes, and the cases in which crimes can be applied have decreased due to the addition of new elements for the formation of the crime. Since the aim of the Violation of Confidentiality crimes is to protect the confidentiality of the investigation, these crimes are closely related to the functioning of the criminal procedure. The principle of confidentiality of the investigation, which is valid in criminal procedure, ensures, on the one hand, that the investigation is carried out effectively, and on the other hand, that the right of the suspect under investigation to not be tainted is protected. For this reason, in the first part of the study, general information about the investigation phase is given and especially the scope and limits of the confidentiality principle of the investigation are determined. In the second part, three types of crimes were examined in terms of protected legal values and legal elements, and evaluations were made by including the opinions in the doctrine, especially in terms of controversial areas. In the third and last section, the characteristics of crimes in terms of their special appearance and trial procedures and their differences with similar crimes are examined. In addition, in our study, it was determined how the conflict between the principle of confidentiality of the investigation and the freedom of the press to inform should be resolved, taking into account the limiting effect of crimes of violation of confidentiality on the freedom of the press. It has been criticized that the crimes of Breach of Confidentiality do not provide sufficient protection, especially in terms of the right not to be tarnished, and in this context, it has been concluded that the scope of the article should be expanded., In this study, three of out of four types of crimes regarding the investigation stage regulated under Article 285 titled "Breach of Confidentiality" of the Turkish Criminal Code numbered 5237 were examined. The rearrangement of the relevant article in 2012 caused significant changes in the scope of crimes and decreased its applicability due to the new elements required for formation of the crimes. There is a close relationship between the crimes evaluated under this study and the criminal procedure process since crimes of Breach of Confidentiality aim to protect the principle of the confidentiality of the investigation. On one hand, the principle of confidentiality of the investigation ensures that the investigation is conducted efficiently and on the other hand it protects the right not to be stained of the suspects who are being investigated. Therefore, in the first chapter of this study, general information regarding the investigation stage was presented and especially the scope and the limits of the principle of the confidentiality of the investigation were defined. In the second chapter, the three types of crimes were examined in terms of the protected legal value and the elements of the crimes; and evaluations were made by including the opinions in the legal doctrine especially for the disputed subjects in this matter. In the third and the last chapter, special appearance of the crimes, their characteristics in terms of procedural processes and their differences from other similar crimes were evaluated. In addition, the method to resolve the conflict between the principle of confidentiality of the investigation and freedom of press by considering the limiting effect of the crimes of breach of confidentiality on the freedom of the press was determined in our study. The crimes of Breach of Confidentiality were criticized for not providing adequate protection especially in terms of the right not to be stained, and it has been concluded that the scope of the article should be extended.
