Mistake in material conditions of reasons affecting the culpability or mistake in existence of reasons affecting the culpability and criminal liability

The subject of the study is "Mistake in the Material Conditions or Mistake in Existence of Reasons Affecting the Culpability and Criminal Liability". The reasons affecting the culpability are included between Articles 24 and 34 of the Turkish Criminal Code titled "Conditions that remove or reduce criminal responsibility" together with the provisions on the reasons for compliance with the law and mistake. Some of the situations included in the relevant section under the heading of reasons affecting culpability are reasons that remove culpability because they eliminate the ability to fault, some of them are reasons that reduce culpability that do not eliminate the ability to fault due to certain conditions in the outside world, and some of them are excuse reasons that are accepted to be under a motivational pressure up to the limit where the person can no longer be expected to act in accordance with the law according to the relevant situation due to the conditions in the outside world. In this study, firstly, the consept of culpability is tried to be explained and its place in the theory of crime is detemined by giving place to the views put forward on the subject. Subsequently, the discussions on the classification of the mistake are given and it is stated that the mistake in criminal law should be analysed as the mistake that removes the intent and the mistake that affects the culpability and the reasons for excuse in the Turkish Criminal Code are determined and the consequences of the mistake in these conditions are explained. While discussing the related problems in the study, the doctrinal opinions and judicial decisions in German law are included.