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Introduction to Law Dersi 5. Ünite Sorularla Öğrenelim

Criminal Law

1. Soru

What is Crime?

Cevap

According to Blackstone, a crime is ‘an act committed or omitted in violation of public law, either forbidding or commanding it; According to Williams, a crime is ‘an act that is capable of being followed by criminal proceedings.


2. Soru

What is the role of criminal law in society?

Cevap

Criminal law plays a distinctive role in society, including the following functions: to deter people from doing acts that harm others or society; to set out the conditions under which people who have performed such acts will be punished; and to provide guidance on the kinds of behaviours which are considered as acceptable by society.


3. Soru

What are the sources of criminal law?

Cevap

1. Legislature: According to the principle of legality, criminal prohibitions and sanctions should be based on written law.

2. Judiciary: The role of the jurisdiction is to interpret the criminal law not to make it.

3. Executive: Especially for technical matters, the Turkish law system authorize administration to execute regulations in order to regulate details whose contents, purpose and scope are determined by the statute.


4. Soru

What is the purpose of criminal law?

Cevap

The purpose of criminal law is to protect society so that its members can be reasonably secure in carrying out constructive activities.


5. Soru

What is the criminal law seeking to achieve?

Cevap

Criminal law seeks:

  • to enforce moral values;

  • to punish those who deserve punishment;

  • to protect the public from harm;

  • to reform the offender;

  • to deter offenders and potential offenders;

  • to educate people about appropriate conduct and behaviour;

  • to preserve order;

  • to protect vulnerable people from exploitation and corruption.


6. Soru

What are the theories of punishment?

Cevap

Relative Theories of Punishment: Relative theories of punishment, namely the prevention theories, focus on preventing the repetitive behaviours rather than on what has happened before.

Absolute Theories of Punishment: Absolute theories of punishment –revenge, retribution, atonement- look back to the past, to the criminal deed and aim at balancing the harm done.

Unified Theories of Punishment: Trying to unite ideas of retribution with ideas of prevention in different variants, absolute and relative theories of punishment have led to so-called unified theories of punishment.


7. Soru

What is harm principle?

Cevap

According to harm principle in John Stuart Mill’s On Liberty, harm principle is described that a behaviour should not be criminal unless the behaviour causes harm to another person.


8. Soru

What is legal good principle?

Cevap

In continental legal thought, the concept of legal good which base on the idea that all offenses are there to defend specific legally protected interest has played an important role in the theory of criminalization.


9. Soru

What are the parts of criminal law?

Cevap

Criminal law consists of two sections: a general and a special part. In general, principles that are applied to every kind of crime regulated in the special part, are located in the general part. Defining the specific crimes and arranging them into the groups by subject matter pertain to the special part of criminal law. The general principles are the fundamental regulations and apply, without exception, to defined crimes in special part.


10. Soru

What is "The Presumption of Innocence"?

Cevap

With a simple definition, no one is accused until proven guilty. The burden is on the prosecution to prove the case. The principle burdens the prosecution with the proof of the committed offense.


11. Soru

What are the liability requirements of crime?

Cevap

In view of the criminal liability, criminal law is established on a three-legged stool. The first leg consists of objective and subjective elements that are related to the question of whether a person has fulfilled each element of the statutory description of an offense. The second leg is concerned with the question of whether the person’s behaviour was unlawful, and the third leg is related to the individual accountability of the person for the wrongdoing


12. Soru

What is "Objective Element-Actus Reus"?

Cevap

The objective element- also called physical or external element- that describes a voluntary act or omission, refers to the part of the definition of the offense in the statutory law which relates to the actions of the perpetrator and their consequences.


13. Soru

What is "Subjective Element-Mens Rea"?

Cevap

The subjective element- also called the mental element- in crime is one of the most significant concepts of substantive criminal law.


14. Soru

What does "Aiding" refer to?

Cevap

Aiding refers to helping the principal at the time when the offense is committed.


15. Soru

What does the theory of last cause suggest?

Cevap

According to the theory of last cause, the last condition is necessary for criminal liability. If another behaviour intervenes between the behaviour and its consequence, then the link is broken.


16. Soru

What does the theory of adequate causation suggest?

Cevap

According to the theory of adequate causation, some acts are regarded as effective means for the commission of the crime, whereas other acts create a greater possibility of such commission.


17. Soru

What does the equivalence theory suggest?

Cevap

According to the equivalence theory, each condition necessary for carrying out an action is considered as a cause.


18. Soru

What is the importance of justification?

Cevap

Relating to the question of whether the person’s behaviour was unlawful, the justificatory defenses constitute the second step of the crime defined in the criminal code. Provisions of a statute, orders from superior, legitimate defense, use of a right and consent are the main justificatory defenses regulated in the TPC.


19. Soru

What are the types of mistake in "excuses"?

Cevap

There are two types of mistakes—mistake about the legality of an action (“I did not know it was against the law.”) and mistake about an essential fact (“I did not know the goods were stolen.”)


20. Soru

What are the main excuses in crime?

Cevap

Necessity

Mistake

Insanity and Diminished Responsibility

Infancy

Intoxication

Coercion (Duress)

Provocation


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