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What is Crime of Oppression?

 The crime of oppression is an offense that occurs through the commission of acts that cause physical or mental harm, or are of a humiliating nature, not in accordance with human dignity, and systematically and continuously damage a person's physical or mental integrity, honor, and dignity.

ELEMENTS OF THE CRIME OF OPPRESSION:

Perpetrator: Anyone can be the perpetrator of the crime of oppression. If it involves a public official, then the crime becomes one of torture.

Victim: Anyone can be the victim of the crime of oppression. There does not need to be a special relationship between the perpetrator and the victim.

Legal Subject: Legal subjects include the individual's physical integrity, mental health, honor, and dignity.

Act: Actions leading to a person's suffering. These are systematic and continuous acts that are incompatible with human dignity, causing pain and humiliation. For example, depriving of food and water, forcing to walk naked, confining to a house, feeding with feces, making drink urine, periodic beating, humiliating, intimidating, tying someone and exposing them to frightening or repulsive animals such as dogs, snakes, or mice.

Mental Element: It is intentional. The perpetrator must have the intention to make the victim suffer oppression.

PENALTY FOR THE CRIME OF OPPRESSION:

The penalty for the crime of oppression is as follows:

The basic penalty for the crime of oppression is imprisonment for a term of two to five years (TCK 96/1).

In cases where the crime of oppression is committed against a woman, the minimum sentence cannot be less than two years and six months (TCK 96/2).

In the case of the crime of oppression being qualified, if committed against a child, a person unable to defend themselves physically or mentally, a pregnant woman, or against ancestors or descendants, fathership or mothership, spouse or ex-spouse,

The person shall be sentenced to imprisonment for a term of three to eight years (TCK 96/2).

COMPLAINT PERIOD AND STATUTE OF LIMITATIONS FOR THE CRIME OF OPPRESSION:

Complaint period: The crime of oppression is not subject to a complaint. This crime, which protects the honor and the physical and mental integrity of an individual, is investigated ex officio by the Public Prosecutors.

Statute of limitations for the crime of oppression: It varies depending on whether the crime is in its basic or qualified form. For the basic form of the crime of oppression, the statute of limitations period is 8 years (TCK 96/1).

For the qualified forms of the crime of oppression, the statute of limitations period is 15 years (TCK 96/2).

The crime of oppression is not subject to reconciliation. Therefore, even if an agreement is reached between the perpetrator and the victim, the criminal prosecution continues.

DIFFERENCE BETWEEN THE CRIME OF ILL-TREATMENT AND THE CRIME OF OPPRESSION:

The difference between the crime of oppression and the crime of ill-treatment arises in terms of the perpetrator, the victim, and the nature of the act. Here are the differences between the crime of oppression and the crime of ill-treatment:

Perpetrator: Anyone can be the perpetrator of the crime of oppression. The perpetrator of the crime of ill-treatment should be someone living in the same residence (TCK 232/1).

Victim: Anyone can be the victim of the crime of oppression. The victim of the crime of ill-treatment should be someone living in the same residence as the perpetrator (TCK 232/1).

Act: The act of the crime of oppression involves systematic and continuous behaviors that are incompatible with human dignity, causing pain and humiliation to the victim. The act of the crime of ill-treatment involves behaviors that are not in line with compassion, mercy, and kindness towards the victim. In the crime of ill-treatment, the act does not need to be systematic and continuous.

WHERE IS THE CRIME OF OPPRESSION TRIAL

The court that handles the crime of oppression is the Criminal Court of First Instance (asliye ceza mahkemesi). This court serves as the first-instance court in criminal proceedings. The penalties for the crime of oppression fall within the jurisdiction of the Criminal Court of First Instance and include imprisonment sentences.