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The crime of the breach of unity and territorial iintegrity of the state

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2020
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Abstract (EN)

The crime of the breach of unity and territorial integrity of the state, which is regulated in Article 302 of the Turkish Penal Code, punishes acts that constitute a threat against the physical and legal being of the Republic of Turkey. For this reason, it is one of the most effective tools of the state in their effort to combat crime. This tool is especially significant in the face of rising terror attacks. The Article's purpose is to nullify the attacks against the three elements of the State: the physical element, the element of Nation and the element of Sovereignty. However, in our preliminary analysis, we concluded that the Article has some shortcomings both in content and practice . This thesis is a natural consequence of this conclusion. In our thesis, we showcased the historical and the theoretical progress and the practice of Article 302. We also put our ideas forward when we thought the Article was lacking. In doing so, we put the benefit of the State above anything else yet we did not unsee the modern criminal law which predicates itself on people.

Author

Ali Nuri Öztürk

How to Cite

Ali Nuri Öztürk (Master Thesis). The crime of the breach of unity and territorial iintegrity of the state, 2020, Yeditepe University.

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