Ticari Sır, Bankacılık Sırrı Veya Müşteri Sırrı Niteliğindeki Bilgi Veya Belgelerin Açıklanması Suçu (Tck Md.239)

Abstract

Secrets, especially due to the benefits in the economic field, are a concept that is widely protected in both private and criminal law, and violatons of the confidentialtiy of secrets are subject to various criminal penalties. Wihle various definitions (such as doctrine, and judicial jurisprudence) have been made, there is no legal definition of the disclosure of trade secrets, banking secrets, customer secrets, scientific secrets, and industrial secrets on Article 239 of the Turksh Criminal Code No. 5237. As of the current situation, it is clear that there should be detection of the offense, and the content of the concepts. In the first part of this thesis, which consists of two parts, although it is known to be quite broad, it is concluded that the concept of the secret is true and confidential information that is kept confidential due to the benefit it provides to its owner. In the second chapter, which constitutes the main subject of the thesis, It seems that the context of the article 239 contains legal drawbacks in some places. The article foresees the same penalty for the perpetrators is inaccurate in terms of penal logic. The fact that the act has not been subjected via the press, and the damage caused as a result of the act, to a heavier criminal sanction has not been appropriate, and the regulation regarding the qualified condition included in the article is incomplete due to the benefit to be protected. Also, it has been observed that some of the secrets protected by more than one law protect the same values. It would be appropriate to eliminate this situation, which causes problems in practice, and these norms, which eliminate each other's practices at some points, together with the other objectionable situations mentioned above, and to make legal arrangements.