Author
Haznedar, Emirhan
Publication Date
2024-08-30T14:54:10Z
Subject
Drugs, Law and legislation, Turkey, Drugs of abuse, Cases, Criminal provisions, Crime, Criminal law, Law
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
6c54bd8c-a069-4a7b-aef5-2f9533e9907f
Library Location
Department of Public Law
Date
2024-08-30T14:54:10Z
Sample Text
This thesis study, which evaluates the effective remorse provisions for drug and stimulant crimes in the Turkish Penal Code, first examined the crime theories. After evaluating what the crime is and what elements it consists of, the purpose of the punishment, its characteristics and the norms and procedures in accordance with the Turkish Penal Code and the punishment to be given to the perpetrator are explained. Theories explaining the institution of attempt, its conditions and punishment, which came to the fore when the crime could not be completed due to reasons beyond the will of the perpetrator, were explained. While discussing these institutions and the theories related to them, the opinions of foreign lawyers, criminologists and Turkish lawyers were compared and evaluated. After explaining the theories explaining voluntary renunciation, which is an institution similar to effective repentance, and the reasons for not being punished, the conditions required for voluntary renunciation to occur are explained. Following the institution of voluntary renunciation, effective remorse was discussed. After comparing the legal nature of the institution of effective repentance and its differences from voluntary renunciation, its elements are discussed. After giving examples of the effective repentance provisions regulated in the Turkish Penal Code, the impact of these provisions on Criminal Procedure is discussed. After evaluating their effects at different stages of the criminal procedure, the provisions of effective repentance regulated in Article 192 regarding drug or stimulant crimes regulated in the Turkish Penal Code are discussed. After evaluating the purposes, application conditions and results of these provisions, a general evaluation was made on the issues and personal opinions were included., This thesis evaluates the effective remorse provisions regulated for drug and stimulant crimes in the Turkish Penal Code begins with the examination of theories of crime. After evaluating what crime is and what elements it consists of, the purpose of the punishment, its characteristics and the norms and procedures to be given to the perpetrator according to the Turkish Penal Code are elucidated. When the crime could not be completed due to reasons beyond the will of the perpetrator, the attempt comes to fore. Attempt, its conditions and the theories that explain the need for punishment for it are explained. While discussing these institutions and the theories related to them, the views of foreign lawyers, criminologists and the views of Turkish lawyers are compared and evaluated accordingly to the matter. Following the explaining the theories of voluntary abandonment, which is an institution similar to effective remorse, and the reasons for not punishing it, the conditions required for voluntary abandonment to occur are explained. Effective remorse is discussed post analyzing voluntary abandonment institution. Later the legal characteristics of the effective remorse are compared, its differences from voluntary abandonment and its elements are discussed. Examples of effective remorse provisions that are regulated in the Turkish Penal Code are given and later the effect of these provisions on Criminal Procedure is discussed. After evaluating the effects at different stages of the criminal procedure, the provisions of effective remorse regulated in Article 192 regarding the crimes of drugs or stimulants regulated in the Turkish Penal Code are discussed. After evaluating the purposes, application conditions and results of these provisions, a general evaluation is made on the subjects and personal opinions are given.
