Yabancı Turistlerin Ceza Sorumluluğunda Hukuki Hata

Meltem KÖKSAL – Yavuz ERDOĞAN

Thanks to its historical and natural riches, Türkiye's place in international tourism is in constant development, and the number of tourists arriving grows steadily. That growth means the arrival of people who live within different cultures and different legal structures.

Tourists coming from states with different legal systems and cultures may of course commit offences intentionally; but it is equally possible for them to become involved in crime simply through ignorance of the Turkish legal system. In such cases, applying the maxim that ignorance of the criminal law is no excuse may produce results contrary to equity — and the institution of mistake of law then comes into consideration. Punishing tourists who act under a mistake of law would place Türkiye in political difficulty and could also, by reducing tourism revenue in later periods, produce economic consequences.

The article discusses whether tourists who become involved in crime by reason of the difference of culture and legal system are to be punished. The conclusion reached is that, according to the nature of the offence committed and the features of the concrete case, and depending on the culture and legal system of the state in which the tourist lives and/or of which they are a national, the institution of "mistake of law" regulated in Article 30(4) of the Turkish Criminal Code may be applied, and the tourist may escape punishment.