Master'sOpen Access

The analyse of the Turkish Constitutional Court's Decisions in point of the basic principles of Turkish Criminal Law

2009
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Advisor: Yrd. Doç. Dr. M.nihat Kanbur

Abstract (EN)

Penal Codes, which are the appearance of Government?s punitive power and enacted by Legislative Body are embodied by the Judicial Bodies by interpretations, in the phase of application/execution of Penal Code.In that phase The Constitutional Court , which makes judicial audit to find out if the penal articles are constitutional or not, is the decisive authority to embody and construe the governing law in Turkey.Within that finding, The Constitutional Court?s interpretations are analyzed in two chapters under the title of ? The Effect of The Constitutional Court?s Decisions To Turkish Criminal Law?.The first chapter deals with the topic of The Turkish Constitutional Court?s historical development stages, It?sits tasks, proceedings and constitutional means of audit.In the second chapter, ? The Principle of Mens Rea? , ? The Principle of Rule of Law? and ? The Principle of Humanism?, which are known to be principles of Penal Law, are studied and The Constitutional Court?s decisions that have been made since its foundation aboutwhich includes The Principles of Criminal Law are discussed, since The High Court has founded.

Author

Dr. Özge Apiş

How to Cite

Özge Apiş (Master Thesis). The analyse of the Turkish Constitutional Court's Decisions in point of the basic principles of Turkish Criminal Law, 2009, Akdeniz University.

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