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Ephemeral reasons as conditions affecting culpability in Turkish Criminal Law

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2024
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Abstract (EN)

In the Turkish Criminal Code Law No. 5237, both the justificatory reasons and excuses affecting culpability are included under the section of "Excusatory and Mitigating Causes". Under this section, art. 34 of the TCC regulates the criminal responsibility in cases of "Ephemeral Reasons, The Influence of Alcohol or Drugs". In the first section of our thesis, in order to better understand the concept of ephemeral reasons as an excuse affecting culpability, provisions regulating excuses in the Turkish Criminal Code and their legal evaluation are discussed. In the next section, the concept of ephemeral reasons and the relationship of them with various criminal law institutions are examined. In the last part of the chapter, comparative study in a number of countries in terms of practice, doctrine and law is given. Finally, in the last section, various situations that we accept as ephemeral reasons are first explained as a concept and evaluations are made regarding their legal status.

Author

Didem Durmaz

How to Cite

Didem Durmaz (Master Thesis). Ephemeral reasons as conditions affecting culpability in Turkish Criminal Law, 2024, TOBB Economics and Technology University.

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