[Breaking] Constitutional Court: "Exemption Clause for Property Crime Punishment Among Parents, Siblings, and Spouses Violates Constitution"

The Constitutional Court ruled that Article 328, Paragraph 1 of the Criminal Act, which exempts punishment between victims and their direct blood relatives, spouses, cohabiting relatives, cohabiting family members, or their spouses when committing property crimes such as theft, excessively infringes on the criminal victim's right to testify in court and is therefore unconstitutional.

The Constitutional Court consolidated several cases involving the kinship exemption clause in the Criminal Act and on the 27th, unanimously decided that Article 328, Paragraph 1 of the Criminal Act is unconstitutional. The Court pointed out the unconstitutionality of the provision and ordered that it not be applied until the legislature amends the law.

Through its ruling, the Constitutional Court stated, "Article 328, Paragraph 1 of the Criminal Act is not in accordance with the Constitution," and "courts, other state agencies, and local governments must suspend the application of this legal provision until the legislature revises it by December 31, 2025."

The kinship exemption clause in the Criminal Act is stipulated in the chapter regulating the crime of obstruction of exercise of rights but is applied by analogy to property crimes such as theft and fraud, excluding robbery and property damage.