Gai (Final) Crime Theory It is the theory developed by Welzel since the early 1930s. According to this theory, casteit is included in typicality along with the subjective element. Fault is accepted as a pure value judgment. of injusticesubjectivization and normativeization of defect. Subjectification of castealso caused a change in the concept of injustice, the […]
Negative Criminal Element Theory According to this theory, crime has two elements. These are typicality and imperfection. This theory is the element of typicality.presents a different approach. Typical element of crime, positive and negative typicality in itself.made up of elements. Elements of positive typicality are expressed in the legal definition of the crime.represents the elements. […]
Unlawfulness There is no culpability without violation of the law. illegality without conformity to typicality, illegalityWithout it, there is no fault. Typicality is a precondition for illegality, and illegality is a prerequisite for culpability.When the act is in accordance with the legal definition, it is also considered to be unlawful. Because legalThe definition defines unlawful […]
The rule of law means a state that adheres to the rules of law in its activities and ensures the legal security of its citizens. Therefore, it is a necessity for the executive, which is one of the powers of the state, to be bound by the rules of law and to operate in accordance […]
Criminal Chamber Base Number : 2014/19526 Decision Number : 2015/3184 “Justice Text” Court: Criminal Court of First InstanceCrime: Unlawfully giving or obtaining dataJudgment: Acquittal The provision regarding the acquittal of the accused for the crime of illegally giving or seizing the data was appealed by the participant, the file was examined and the necessary was […]
A waiver of the divorce case is considered to be forgiven, or at least tolerated, the faults prior to the waiver date. Situations that are forgiven or tolerated cannot be grounds for divorce. You can review the sample Supreme Court Decision. Legal Department Base Number : 2015/26643 Decision Number: 2016/2356 “Justice Text” COURT: Family CourtTYPE […]
3.Law office Base Number : 2020/3188 Decision Number: 2020/4776 “Justice Text” COURT: CONSUMER COURT At the end of the trial of the lawsuit between the parties, the judgment given by the plaintiff’s lawyer for the partial acceptance and partial rejection of the lawsuit due to the reasons stated in the verdict, without a hearing, the […]
Retweeting an insulting tweet on a social networking site also constitutes a crime of insult. Because the elements of the crime of insult have been formed in a chain way. You can review the sample Supreme Court Decision. Criminal Chamber Base Number : 2015/10377 Decision Number: 2015/12777 “Justice Text” COURT: Criminal Court of PeaceCRIME: InsultPROVISIONS: […]
T.R.SUPREME COURTGreat General AssemblyBase Number: 2010/1Decision No: 2012/1Decision Date: 10.02.2012 ABSTRACT: Turkish enforcement law clearly violates Turkish public order, which foreign court decisions carry.He is concerned with whether or not he will. Moreover, it is up to the enforcement judge to examine and consider the reasoning of the decision.It is not even given the duty […]
T.R.SUPREME COURT. Criminal General AssemblyBase No: 1997/4-386Decision No: 1998/52Decision Date: 24.02.1998OFFENSE THROUGH THE PRESS – GENERAL INTENTION TO MAKE A CRIMEHONOR AND Dignity of the TARGET PERSON NOT ENOUGHINFRINGEMENT OR INSURANCE PRESS’ RIGHT TO INFORM AND CRITICISE LIMITSREQUIREMENTSUMMARY: The newspapers of which the defendants are the editors of the newspaper on 10.5.1994, 13.9.1994 and 20.9.1994In […]
