Deprivation of Personal Liberty Offence

Under Article 109/1 of the Penal Code, a person who unlawfully prevents another from going to or remaining in a place is subject to criminal liability. For the offence to arise, it is sufficient that the victim's freedom of movement was unlawfully restricted against their will; the restriction need not last a particular length of time or involve confinement to a specific location.

Where the act is committed through force, threat, or deceit, the offence takes on a more serious form carrying a heavier penalty; consent obtained by deceit may also fall within this scope.

The legislature provides for an increased penalty where the act is committed under certain circumstances. These aggravated forms include the act being committed with a weapon, by more than one person acting together, because of or by abusing the influence of a public office, against an ascendant, descendant, or spouse, or against a child or a person unable to defend themselves physically or mentally.

Where the act causes the victim a significant economic loss, a judicial fine is imposed in addition to imprisonment. Where the offence is committed for a sexual purpose, the applicable penalties are increased by half.

The basic form of the offence under Article 109/1 carries imprisonment from one to five years. Where the act is committed through force, threat, or deceit, the penalty is imprisonment from two to seven years. Where any of the aggravated forms listed above is present, the penalty otherwise applicable under these provisions is increased by one hundred percent.

Article 110 of the Penal Code contains an important effective remorse provision: if, before an investigation is opened, the perpetrator voluntarily releases the victim in a safe place without having harmed them, the penalty is reduced by up to two thirds. The specific penalty applied in a given file depends on how the act was committed, its duration, the victim's circumstances, whether any aggravated forms are present, and whether the conditions for effective remorse are met, as assessed by the court.

The offence of depriving a person of their liberty is not among the offences subject to a victim's complaint; it is prosecuted as a public offence and is investigated ex officio by the prosecutor's office. As a result, whether the victim files or withdraws a complaint does not affect whether the investigation and prosecution continue.

The limitation period for prosecuting the basic form of the offence is eight years; for the form committed through force, threat, or deceit it is fifteen years. The competent court is, as a rule, the criminal court of first instance; where the application of aggravated forms raises the upper limit of the penalty above ten years, the case is heard by the assize court (heavy penal court).

Proof of this offence relies heavily on the victim's statement, witness testimony, security camera footage of the scene, cell-site (HTS) records, and any available physical evidence. Establishing the circumstances, duration, and means by which the act was carried out is decisive both for whether the offence occurred and for whether any aggravated forms apply. Working with an İzmir criminal lawyer can be useful in this process.

Does a divorced spouse refusing to hand over the child commit this offence? As a rule, no. A parent without custody keeping the child is assessed separately under the offence of "abduction and detention of a child" in Article 234 of the Penal Code, while failure to comply with a contact order is addressed primarily through enforcement law and the family court. Where force or threats are used, Article 109 may also come into play.

Is a brief restriction also an offence? Yes. The law does not require a minimum duration; preventing a person from leaving a room even for a few minutes may constitute the offence where the act is unlawful and without consent. The brevity of the restriction is taken into account when the penalty is determined.

Where are these proceedings handled in İzmir? Since the offence does not depend on a complaint, a report may be made to the İzmir Chief Public Prosecutor's Office at the İzmir Courthouse in Bayraklı or to the police; depending on the penalty range, the case is heard by the criminal courts of first instance or the assize courts at the same courthouse. Our office in Konak provides support in criminal law matters across İzmir; anyone seeking information may reach out through the contact page.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy