Master'sOpen Access

The crime of the intentional pollution of the environment in the Turkish Criminal Code numbered 5237

2017
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Advisor: Prof. Dr. Fatma Nur Centel

Abstract (EN)

The first regulation regarding the crime of the pollution of the environment in Turkish criminal law is found in the article 181 of the Turkish Criminal Code numbered 5237. Because of the prevalence of administrative measures in environmental protection in Turkish law, the necessary care has not been given to the environmental criminal law and there is a need for further in-depth academic discussion on the subject. It may also be argued that the Turkish law maker has not been attentive in the enactment of the crime. Indeed, there are deficiencies in practice and in the law with regards to both fundamental principles of criminal law and the relation with other laws. Therefore, the purpose of this research is to examine the crime of "Intentional Pollution of the Environment" in detail and present solutions to both theoretical and practical issues in the implementation of the crime. The topics included within the scope of this thesis are; general problems of environmental criminal law, environmental crimes in international and comparative law, the historical development of the right to a healthy environment and environmental criminal law in Turkish context, the examination of the crime of "Intentional Pollution of the Environment" in Turkish criminal law with regards to criminal and penal theory. Keywords Intentional pollution of the environment, environmental pollution, discharge of waste to the environment, unauthorized entry of waste to the state, illegal traffic of waste, environmental criminal law, crimes against the environment

Author

Dr. Levent Emre Özgüç

How to Cite

Levent Emre Özgüç (Master Thesis). The crime of the intentional pollution of the environment in the Turkish Criminal Code numbered 5237, 2017, Koç University.

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