Master'sOpen Access

Evaluation of the intent in the context of attempted killing and intentional injury

2020
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Advisor: Dr. Öğr. Üyesi Muhammed Demirel

Abstract (EN)

The action to kill may result most certainly in injurying. It is the intent of the perpetrator that will determine when the processed action will be the attempt to intentionally killing or intentional injury. In the study, first of all, the corrupt intent and criminal attempt are explained and they underlie the basis of the study. Then, the evidence and the means of proof to be used in the characterization of the action are given. Because the crime can only be qualified if it is determined how the event took place. It is a common legal problem in practice whether the action is the attempt to intentionally killing or the attempt to intentional injury. Therefore, the court of cassation has determined numbers of criteria for the determination of attempt to intentionally killing and intentional injury. The last section covers what are the criteria in the context of whether it is the attempt to intentionally killing or intentional injury and how these criteria have been assessed in judicial decisions and how it is found in the application area. In its decision regarding the conscientious conviction in line with the basic principles of the law, the judicial authority aims to ensure whether the occurence that it has determined as a material fact is the determination of what really happened at the scene. This study has emerged with the aim of being useful in the examinations and evaluations on abovementioned subject.

Author

Dr. Işıl Kacar Ercan

How to Cite

Işıl Kacar Ercan (Master Thesis). Evaluation of the intent in the context of attempted killing and intentional injury, 2020, İstanbul University.

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