AKP sources speak on the debated regulation

The definition of 'espionage' is changing in the 9th judicial package that the AKP will submit to the Turkish Grand National Assembly (TBMM). Currently defined as 'ordinary crimes,' acts such as 'kidnapping, collecting documents or information' will be considered espionage if committed on behalf of another country.

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As part of the 9th judicial package it plans to submit to the TBMM after the holiday, the AKP will include definitions and penal regulations for individuals who engage in criminal activities in Turkey on behalf of foreign states or intelligence services.

With this package, espionage activities will be clearly defined, and the framework for penalties for such crimes will be established.

According to a report by Yücel Kayaoğlu from Türkiye Gazetesi, AKP sources providing information on the debated regulation stated, “In Turkey, a penalty is currently given for cases such as committing crimes, murder, kidnapping, collecting documents or information, or extortion on behalf of another country or intelligence organizations. 

Under current legislation, if someone has committed kidnapping, for example, they are only penalized within the scope of the ordinary crime they committed. With the new package, if this crime was committed under the instructions of another intelligence organization or a country, it will be evaluated as espionage, and the penalty will be issued accordingly.

There is no definition of 'influence agent' here as has been alleged. The discussions taking place are based on the Georgia example. There is no similarity between this example and the regulation in the package. A definition aimed at banning the press or social media, or evaluating those who express their opinions as 'influence agents,' is not included in the package,” they said.

WHAT DOES THE REGULATION BRING?

AKP sources announced that significant changes will be made to the Turkish Penal Code. 

With the new regulations, criminal sanctions against individuals who commit crimes in Turkey on behalf of foreign states or organizations will be increased. 

In particular, a prison sentence of 3 to 7 years is envisioned for individuals who collect or have information collected in a way that harms the security or political interests of the state. Furthermore, those who carry out such acts will be punished separately for these actions in addition to any other crimes they have committed.

Legal experts state that this regulation will also apply to those who commit crimes under the instructions of foreign intelligence services. For these crimes committed during wartime, penalties could increase from 8 to 12 years. 

For crimes committed by employees of institutions and organizations with strategic importance, the penalties will be doubled.