The crime of destruction, concealment or alteration of evidence of a criminal offense is the crime of destroying, concealing or altering material or moral signs indicating the commission of a crime. This crime is a method used by criminals to avoid punishment or mitigate their punishment.
What is the crime of destruction, concealment or alteration of evidence of a crime?
The crime of destruction, concealment or alteration of criminal evidence is regulated by Article 279 of the Turkish Penal Code. According to this article, persons who destroy, conceal or alter material or moral signs indicating the commission of a crime are punished with imprisonment for a term of six months to two years. Crimes involving the destruction, concealment or alteration of criminal evidence are among the most sensitive issues in criminal law and can lead to serious sanctions. Especially in international litigation, the preventive request services at https://kirmizibultenturk.com/services/kirmizi-bildirim-kaldirma/onleyici-talep/ provide effective solutions in cases subject to red notice. This type of professional support provides great convenience in conducting complex litigation.
Elements of the crime of destroying, concealing or altering evidence of a crime
The elements of the crime of destroying, concealing or altering evidence of a crime are:
- A crime has been committed
- The presence of material or moral elements of the crime
- Destruction, concealment or alteration of criminal evidence
Punishment for destroying, concealing or altering evidence of a crime
The punishment for destroying, concealing or altering evidence of a crime is imprisonment for a term of six months to two years. However, if the crime is committed during an investigation or criminal prosecution, the punishment to be imposed is increased by one.
Examples of the crime of destroying, concealing or altering evidence of a crime
- Burned bloodstained clothing indicates that a murder has been committed
- Deleted CCTV footage showing a theft
- Altering documents that show fraud
Crime of destroying, concealing or altering evidence of a crime
The crime of concealing, concealing and destroying evidence of a crime, also known as the crime of concealing evidence in law, is the crime of concealing, concealing and destroying criminal evidence according to the necessary article of the law, persons who remove, conceal and destroy evidence of any crime by preventing the disclosure of facts are considered legally guilty. To commit a crime, what is removed, concealed or altered must have the content of evidence to determine the crime.
Destruction of evidence and non-evidence elements
The disappearance, concealment or alteration of anything that cannot be presented as evidence does not constitute a crime. In order to impose a penalty for an incident, the incident is grouped in three ways: evidence, signs and documents. For this reason, the disappearance, alteration or concealment of such evidence leads to the discovery of a crime.
For example, if traces are destroyed that indicate how a traffic accident led to death, the crime of destruction of evidence of a crime occurs. For the commission of a crime, it is sufficient for any situation to arise by itself. The actions to remove or destroy evidence that would help solve the crime also lead to the occurrence of this crime. For example, if a person who has data on his phone that would prove the fact of committing a crime deletes them, he commits a crime related to the destruction of traces of a crime. See also: Terrorist Organization Crime Propaganda 2024
Punishment for Destruction and Alteration of Evidence of a Crime
A person who alters or destroys evidence that reveals the truth is punished with imprisonment for a term of 6 months to 5 years. A person who removes evidence of a crime committed by him/her is not punished for this. If a civil servant commits this crime using his/her official position, the punishment is doubled. For example, if evidence of an accusation brought against a civil servant is destroyed by his/her friend who works with him/her, a qualified crime is committed and the punishment is increased.
Repentance in the Crime of Destruction, Concealment or Alteration of Criminal Evidence
This is a criminal law that allows the punishment of a criminal to be mitigated if the criminal regrets the crime committed and eliminates the harm caused by the crime. The effective state of repentance is regulated in relation to the crime of removing, altering or concealing criminal evidence. In view of this, a person who provides the court with destroyed evidence before the decision is made will have the fine determined by these articles reduced by four-fifths.