Objektif cezalandırılabilme şartları

Abstract

In this dissertation, we studied 'Objective conditions of punishability' which is one of the most important institution of Criminal theory. In this study we studied articles and judicial decisions given under Turkish and German Laws. This study consists of three chapters. In first chapter, the term objective conditions of punishability and the development of this term are studied. Afterwards, some legal opinions about legal characteristics of objective conditions of punishability and its kinds are examined. Under this title, the term 'tort' -which we used frequently in this study- in Criminal theory is evaluated and the relationship between tort and other related terms were discussed. The "lowering thesis" in order to separate the two different kinds of objective conditions of punishability is clarified. Following this, the place of objective conditions of punishability in Criminal theory is discussed and finally, a comparison between the term objective conditions of punishability and other institutions is made. In second chapter, fault principle in criminal law is discussed. In the light of the conclusions that we arrived on fault principle, the compatibility of objective conditions of punishability with fault principle is studied. In this regard, the opinions defended in the doctrine which can be divided into four categories is explained. In third chapter, effects of objective conditions of punishability are discussed in criminal law, criminal procedure law, private law and administrative law. Lastly, evaluations on some specifics types of crimes ruled under Turkish Criminal Code are explained in the scope of conclusions reached by this study.