Master'sOpen Access

Offense of insulting the signs of state sovereignty (Article TPC 300)

2024
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Advisor: Prof. Dr. Doğan Soyaslan

Abstract (EN)

In this thesis, Article 300 of the Turkish Penal Code, which regulates the crime of "insulting the signs of sovereignty of the state", is analyzed through the material and moral elements of the crime and the differences between the old and new Turkish Penal Codes are evaluated in a comprehensive manner. By addressing the change in the concept of sovereignty in the historical process, the role of these signs in the development of the institutional structure of the state, the legal framework of this crime, criminal sanctions, judicial jurisprudence, as well as how it is handled in comparative law and the domestic legal regulations of the countries identified are examined comparatively. The study reveals that in a democratic state of law, crimes committed against the signs of state sovereignty are not limited to protecting the symbols, but also strengthen the public's trust in the state and the state's position in the international arena. In this context, it is tried to express that Article 300 of the Turkish Criminal Code is an important legal regulation that serves the purpose of protecting the signs of sovereignty of the state and why this regulation should be improved in terms of universal legal principles and modern law-making technique. Finally, the analysis in the comparative law section shows that similar crimes are regulated in different countries, but there are significant differences in terms of implementation and criminal sanctions, and countries that currently consider such crimes within the scope of freedom of expression and try to decriminalize them are indicated.

Author

Eyüp Safa Ağaoğlu

How to Cite

Eyüp Safa Ağaoğlu (Master Thesis). Offense of insulting the signs of state sovereignty (Article TPC 300), 2024, Çankaya University.

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