It is known that social events that determine human behavior, called “crime”, have occurred since the existence of humanity. Penalties have also emerged for these behaviors. The emergence of criminal sanction also led to the formation of the Criminal Law branch. In other words, Criminal Law deals with the criminal nature, which is a legal violation, as well as the punishment and security measures to be applied in response to these crimes. Criminal Law does not only deal with punishment and security measures. In addition to these, it is closely related to the branches of Criminal Enforcement Law and Criminal Procedure Law.
Criminal Law has two sub-branches as general and special criminal law:
The subject of the General Criminal Law, the concept of crime with its material and moral elements, the general principles that dominate the criminal law, the definition of the concept of punishment, the reasons that eliminate the crime, the reasons that reduce or eliminate the penalty, the principles and concepts that are valid for all crimes such as association, participation, attempt. .
The subject of the Special Criminal Law is the acts that are considered crimes according to the penal code, their distinction among themselves, the reasons for being considered a crime, the aspects that differ from each other with their scope and limits, and the penalties and other measures foreseen in the law.
FUNDAMENTAL PRINCIPLES GOVERNING CRIMINAL LAW
Criminal law is the area of law that has the most impact on individual rights and freedoms. For this reason, some basic principles have been adopted to ensure individual rights and freedoms in criminal law practice. The two most important basic principles of criminal law are the principle of fault in crime and punishment and the principle of legality in crime and punishment. Apart from these principles, the principle of certainty, the prohibition of comparison, the principles of the personality of crimes and punishments are also very important in terms of Criminal Law.
The principle of legality in crime and punishment (nulla poena sine lege)
According to this principle; The crime and the punishment to be given for the crime can only be determined by law. This principle is also stated in many international conventions to which Turkey is a party. The principle of legality in crime and punishment, which is a universal principle, is very important in terms of the function of assurance. The principle of legality in crime and punishment is expressed as follows in Article 38 of the Constitution: “(1) No one can be punished for an act that was not considered a crime by the law in force at the time he committed it; no one can be given a heavier penalty than the penalty for that crime in the law when he commits the crime. (2) The paragraph above shall also apply to the statute of limitations for crime and punishment and the consequences of a criminal conviction. (3) Penalties and security measures replacing punishment can only be put in place by law.”
Principle of fault in crime and punishment
According to this principle; The perpetrator (person who commits a crime) will be punished for his crime only in proportion to his fault if he is at fault. The presence of a crime does not always mean that the perpetrator can be punished. That is, in order for the perpetrator to be punished, he must have done the act knowingly and willingly. The offender cannot be punished beyond his fault.
Criminal Lawyer
Criminal Lawyer can defend a person (suspect, accused) accused of a crime, as well as be an advocate for the complainant or the victim. A criminal lawyer performs many important roles throughout a criminal case. Criminal lawyers must have creative thinking and analytical skills to develop a legal strategy, analyze case law and open complex cases. Da Vinci Law Firm also has a team of experts in the field of Criminal Law.
