Criminal Law
Criminal Law, which protects the interests of society, the state and individuals, protects the individual from the individual, the state from the individual, and the state from the individual. In doing so, it uses certain provisions as a guide. Within this scope, criminal law regulated in the Turkish Penal Code No. 5237 includes orders and sanctions. Lawyers specializing in these orders and sanctions can be called criminal law attorneys in some places. However, such expressions are not included in the legal profession.
The Turkish Penal Code consists of two different parts. The first of these is defined under the Turkish Penal Code Special Provisions. In this area, the actions and penal sanctions that are determined to be criminalized and considered illegal are defined. The Turkish Penal Code General Provisions refer to common rules for crimes specified in these special provisions.
What is Criminal Law?
Criminal law, which states crimes and punishments in order to maintain social order, has gone through a long period of time before it reached its current state. With the transformation of society, state and social life, there have been some changes in the criminal law. The transformation of the criminal law in the Republic of Turkey has experienced since the period. By taking the Italian Criminal Law as an example in 1889, the Turkish Criminal Law took its first form. The Turkish Penal Code No. 5237, which is currently in use, came into force in 2005.
In line with all this information, the Turkish Penal Code can be said to have two functions: the punitive function and the protective function. In addition to punitive and protective functions, the Turkish Criminal Code has some basic objectives. These objectives are included in the Turkish Criminal Code.
● To protect individual rights and freedoms
● Protecting community peace
● Protecting public order and public safety
● Protecting the state of law, public health and the environment● Preventing crimes are the main objectives of the Turkish Criminal Code.
A general area, such as criminal law, has different auxiliary disciplines underneath. Sub-branches such as forensic medicine and criminology help criminal law to perform its punitive and protective function. These areas are also used in criminal proceedings that start with the claim, continue with defense and end with trial.
Principles of Criminal Law
Criminal law is subject to certain principles to avoid arbitrariness in the implementation of the law. The first and most important of these is the lawfulness principle. This principle assures the individual especially against the state. In line with this principle; No penalty may be imposed on anyone for any crime that is not clearly stated in the law. In this context; it is not possible to impose a penalty other than the punishment shown in the law. Similarly, the principle of humanity is included in criminal law. This principle avoids the treatments that are incompatible with human dignity at the stages of trial and punishment.
Apart from these two principles, principles such as comparison prohibition, law not having a retroactive effect and equality before the law are also included in the criminal law. Similar to the principle of lawfulness, the comparison prohibition refers to the penalties in the law. According to the principle of comparison prohibition; A crime that is not explicitly written in the law cannot be punished by liking it to another crime.
Criminal law; it is a very complex branch of law due to its application style and theoretical background. The fact that it concerns almost all society makes criminal law more complicated. Therefore, working with lawyers who have worked in the Criminal Courts of First Instance and the High Criminal Courts for more than 10 years can be considered specializing in criminal law.
Marhan Law provides criminal law services and consultancy for different crimes with its lawyers specialized in criminal law. If you want to get legal advice on criminal law, you can contact us immediately.