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Error in criminal law

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2022
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Abstract (EN)

Error in criminal law, is the inconsistency between the situation in the imagination and the reality due to the ignorance or erroneous assessment of the norm or a material fact. This incompatibility appears as a situation that affects the culpability of the perpetrator or removes his intention. Subject; although it is directly related to the moral element, material element and illegality element of the crime; it shows itself as an issue in which many opinions are put forward in the theory of crime and always fed by current debates. Error in criminal law can be examined under headings of; error of law, error of fact and error in crime. The aim of this thesis is to reveal the principles regarding the subject and to contribute to the studies in this field by revealing the differences adopted with the abolished Turkish Criminal Code No. 765 within the framework of the provisions of the Turkish Criminal Code No. 5237. In this context, in the first chapter, the error in criminal law is examined conceptually, the difference of error from similar concepts, the types of error in criminal law are discussed. In the second part, error of law and in the third part, error of fact is examined and their appearances and effects on criminal responsibility are emphasized. In the forth andlast chapter, the uncommitable crime and the putative crime are tried to be clarified under the title of error in crime.

Author

Ahmet Can Balak

How to Cite

Ahmet Can Balak (Doctorate thesis). Error in criminal law, 2022, Çankaya University.

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