Ticari sır, bankacılık sırrı veya müşteri sırrı niteliğindeki bilgi veya belgelerin açıklanması suçu
Özet
In this study, the crime of disclosing the Trade Secrets, Banking Secrets and Information and Documents which are considered as the Client?s Secret, which has been arranged under the Crimes regarding Economy, Industry and Trade in the Book 2, Chapter 3, Part 9 of Turkish Penal Code and which takes place in the Article 239 of Turkish Penal Code, it is a new type of crime.In the first chapter, the legislation provisions and international legal regulations regarding the concept of secret which leads to a concrete crime, the elements of secret, types of secret, legal bases and secrecy obligation are assessed. In the second chapter, the Article 239 of Turkish Penal Code is analysed in accordance with the general theory of crime and general provisions of Turkish Penal Code and its sides which agreement or disagree with the said principles are put forward. In the conclusion, the conditions which are special regarding crime in terms of Judgement Law are touched on.Although the article 239 of Turkish Penal Code is regarding a new type of crime, the applicability of the articles has been highly limited and the complexity regarding the subject matter in the legislation has not been cleared because of the deficiencies in the law making method. The Law Draft regarding Trade Secrets, Banking Secrets and Client?s Secret which has been arranged for clearing the complexities has not only unable to solve the problems but also causes new problems.The problems are put forward and suggestions are made so that the law maker makes the amendments which closely concern the secrets which are very important for real and/or legal entities and fort he national economy by considering the deficiencies in the Article 239 of Turkish Penal Code and the Draft, as soon as possible and as much correctly as possible.