PRINCIPLE OF UNIVERSALITY
The principle that it is accepted to be prosecuted in crimes against international cultural values, no matter where or against whom it was committed, is called the principle of universality. It has been accepted so that the crimes against the common cultural values of the states do not go unpunished. Acceptance by international conventions
is an established principle. These conventions impose an obligation on states to prosecute and punish the perpetrator in their countries in case of committing certain crimes.
The principle of universality originates not from acting in accordance with the interests of the prosecuting state,
from acting in the interests of the whole community of states. A state outside its country
acts that violate or endanger the common interests of all states.
It aims to protect these interests by prosecuting. Therefore, the principle of universality, all legal values
It is an accepted principle to protect certain legal values that have universal validity.
Our Penal Code regulates the principle of universality in the 13th article, and where some crimes are committed.
Regardless of who committed it or against whom, it is accepted to be tried in Turkey under certain conditions.
has done. Some authors refer to the universal authority regulated in Article 13 as unilateral universal authority.
they describe. According to this view, there are two types of universal authority. One is unilateral universal authority, the other
It is a universal authority based on representation. This view is used as a substitute criminal judgment by some authors in the doctrine.
characterizes the principle that is described as universal authority based on representation, and this authority is defined as the principle of universality.
are considered within the scope of
The conditions required for the application of the principle of universality are arranged as follows:
The crime must be committed in a foreign country. If it is processed in the country or in places counted as a country, within the framework of the property principle
evaluation is required.
It does not matter if the crime committed in a foreign country is committed by a citizen or a foreigner. in article 13
In the specified cases, the principle of personality according to the perpetrator will not be applied.
- The crimes committed under the second book, the first part of the genocide and crimes against humanity (art. 76-78),
Immigrant smuggling and human trafficking crimes (art. 79-80), torture (art. 94, 95), deliberate pollution of the environment (art. 181), drugs or stimulants
manufacturing and trading (art. 188), facilitating the use of drugs or stimulants (art. 190), money
counterfeiting (art. 197), production and trade of money and precious stamps (art. 200),
forgery of seal (art. 202), prostitution (art. 227), sea, rail or air transportation vehicles
kidnapping or detention (art. 223/2-3) or causing damage to these vehicles (art. 152)
must be. - At the request of the Minister of Justice to be prosecuted for crimes within the scope of the principle of universality.
it depends. The request is a condition of prosecution.
-Article of our Penal Code. acquittal and acquittal in a foreign country for crimes other than those listed in 76-80
If a conviction decision has been made, there is no question of retrial in Turkey. But 76-80.
Even if an acquittal or conviction regarding the offenses in the Articles
the trial is possible at the request of the Minister of Justice. The legislator is responsible for the crimes in question.
did not see the passing of judgment in the country as an obstacle to the trial. Only on acquittal or conviction
Not only in other types of provisions, but also in Turkey, upon the request of the Minister of Justice, a trial can be made.
The types of provisions that require the request of the Minister of Justice here are the provisions that resolve the merits of the dispute.
means.
- The perpetrator must be in Turkey.
-In order to be tried in Turkey for the crime committed in a foreign country, the country where the act was committed
must constitute a crime under the law.
Article 13, 76-80, which falls within the scope of the principle of universality. other than the crimes listed in
It is stated that Turkey’s jurisdiction in crimes is a subsidiary jurisdiction. Because Turkey is also a party
that the rule of “either extradite or judge and punish” is valid in many international agreements,
the perpetrator should be extradited to the country where the crime was committed due to the crimes in question, if extradition cannot be
It is stated that he should be tried in the country.
