DoctorateOpen Access

Alternative sanctions to imprisonment

2012
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Advisor: Prof. Dr. Cumhur Şahin

Abstract (EN)

This thesis has three chapters. In the first chapter, restorative justice sanction and community sanctions are studied in respect of aims of punishment. Deterrence, incapacitation, reform, rehabilitation, retribution, restoration, reparation and social theories are examined as ideas on the justification of punishment. After trying to find out the aims of punishment in Turkish law, our theory on the esence and the aims of punishment, namely the ?total (?bütüncül?) theory? is tried to be explained. First Chapter ends with a comparison of restorative justice sanction and community sanctions with short term custodial sentences in respect of the aims and required qualifications of punishment in the total theory.The Second Chapter, namely, ?Place of the Restorative Justice Sanction and Community Sanctions in the Criminal Justice System? starts with the conceptual framework and the scope of the topic. Secondly, legal qualifications of the restorative justice sanction and the community sanctions are examined. Second Chapter ends with the categories to which the restorative justice sanction and the community sanctions belong in the criminal justice system with an explanation of our ?gradual/multiple layer (?kademeli?) sanction system?.Third Chapter is on the determination and kinds of restorative justice sanction and community sanctions. This chapter starts with the ?Conditions of Translation in to Alternative Sanctions?. Legal consequences of the alternative sentences and the kinds of the alternative sanctions are also examined in the third chapter.Key Words: ?Alternative sanction?; ?alternative measure?; ?alternative punishment?; ?suspended sentence?; ?aim of punishment?; ?müeyyide?; ?sanction?; ?punishment?; ?safety measure?; ?substitutional (ikameli) sanction?; ?total (bütüncül) theory?; ?gradual/multiple layer (kademeli) sanction system?.

Author

Mehmet Maden

How to Cite

Mehmet Maden (Doctorate thesis). Alternative sanctions to imprisonment, 2012, Gazi University.

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