What the article penalises
Article 233 of the Turkish Penal Code is headed "breach of an obligation arising from family law" and penalises three distinct forms of conduct. What they share is that each is a breach of an obligation arising from a family relationship.
The first paragraph penalises failure to perform an obligation of care, education or support arising from family law. In practice the situation most often encountered is not non-payment of maintenance that has been ordered, but complete failure to perform obligations of care and education falling outside maintenance. This paragraph is subject to complaint.
The second paragraph penalises abandoning in a helpless condition a spouse known to be pregnant, or an unmarried woman with whom the offender lives permanently and who is known to have become pregnant by him.
The third paragraph penalises a mother or father who, even where parental rights have been removed, gravely endangers the morals, safety and health of their children through material and moral neglect resulting from habitual drunkenness, use of narcotics, or degrading conduct.
How law no. 7593 changed the penalties
The amendment was made by article 3 of law no. 7593, passed on 8 August 2026 and in force on publication in the Official Gazette of 18 August 2026, issue 33344. The sentencing range was raised in all three paragraphs.
In the first paragraph, the penalty changed from "up to one year" to three months to two years. The change works in two directions: a lower limit was introduced and the upper limit doubled.
In the second paragraph, "three months to one year" became six months to two years.
The sharpest increase is in the third paragraph: "three months to one year" became one to three years. The lower limit has been raised to one year, which has direct consequences in such files for alternative sanctions and for suspension of the sentence.
The new fourth paragraph: an increase without complaint
The paragraph added to the article is the qualitative novelty. Where, by reason of the conduct defined in the first and third paragraphs, the child commits intentional killing (arts. 81, 82) or injury aggravated by result (art. 87, paragraphs 2 and 4), the penalty imposed on the offender under this article is increased by between one half and twofold.
The paragraph has two distinct effects. The first concerns quantum: the rate of increase is not fixed but a range, determined on the facts.
The second is procedural and more fundamental: in this situation no complaint is required. As the first paragraph is otherwise subject to complaint, an investigation may proceed without one in files where the fourth paragraph applies.
The paragraph applies only to conduct under the first and third paragraphs; the abandonment offence in the second paragraph falls outside it.
Is this the same as non-payment of maintenance?
This is the point most often confused. Failure to pay maintenance ordered by a court constitutes the offence of non-compliance with a maintenance order under article 344 of the Enforcement and Bankruptcy Law; it is heard by the enforcement criminal court, the sanction is coercive detention, and it ends when the maintenance is paid.
The first paragraph of article 233 does not require an existing maintenance order. What is penalised is complete failure to perform the obligation of care, education or support arising from family law. Jurisdiction lies with the criminal court of first instance.
The two routes are not alternatives; where the conditions are met, both may be pursued in relation to the same facts. Which is appropriate depends on whether there is a maintenance order capable of enforcement.
For the general process in custody, maintenance and contact matters, see our family law page.
Time limit for complaint, and points to watch
The offence in the first paragraph is subject to complaint. Under the general provisions of the Turkish Penal Code, the right of complaint must be exercised within six months of learning of the act and the offender; the period is one of forfeiture.
The conduct in the second and third paragraphs is not subject to complaint and is investigated by the prosecutor of its own motion. Where the new fourth paragraph applies, no complaint is required for the first paragraph either.
As to evidence, school and health records, the social investigation report, police records, witness statements and any measures ordered under law no. 6284 are the principal materials. For the third paragraph, health records relating to addiction carry particular weight.
A further point is that the third paragraph applies even where parental rights have been removed; removal of custody does not extinguish liability under it.
Which conduct does the change apply to?
The answer lies not in the transitional provisions of law no. 7593 but in the principle of the more favourable law in article 7 of the Turkish Penal Code: where the law in force at the time of the offence differs from a later law, the law more favourable to the offender applies.
The changes to article 233 raise the sentencing ranges, and the new fourth paragraph introduces an increase and investigation independent of complaint. Both are unfavourable to the offender.
The new provisions therefore do not apply to conduct occurring before 18 August 2026; the earlier version of the article continues to govern. The governing criterion is the date of the conduct.
Where the conduct is continuing in nature, as a breach of obligation may be, identifying the date on which it ended is a separate question assessed on the facts of the file.
Where are these files heard in Antalya?
Files under article 233 are heard by the criminal court of first instance. Files arising in Antalya and Kepez are dealt with at the Antalya Courthouse.
A complaint may be made directly to the public prosecutor's office or through the police. Where protective and preventive measures under law no. 6284 are sought on the same facts, that application is made to the family court.
Where non-compliance with a maintenance order is alleged the route differs: the application is made to the enforcement criminal court and is subject to a three-month period for complaint. General information on enforcing a claim is on our enforcement and bankruptcy law page.
Resources
- Turkish Penal Code no. 5237, art. 233 (as amended by article 3 of law no. 7593) — mevzuat.gov.tr
- Law no. 7593 Amending the Child Protection Law and Certain Other Laws — Official Gazette of 18 August 2026, issue 33344
- Turkish Civil Code no. 4721, arts. 182 et seq. (custody and child maintenance)
You can access the current versions of legal texts via mevzuat.gov.tr.