Master'sOpen Access

Threat crime in the Turkish Penalty Code no. 5237

2018
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Advisor: Dr. Öğr. Üyesi Mahmut Kaplan

Abstract (EN)

The crime of threat that is among the crimes against individual freedom in the Turkish Penal Code numbered 5237 is the subject of this master thesis. In the first part of this study, after giving general information about the crime of the threat, the history of the crime was examined by considering the concept of freedom, and it was compared with similar crime types in the Turkish Penal Code and its different aspects from these crimes were touched, also regulations for the crime of threat in penal codes of other countries have been briefly discussed. In the second part; elements of threat crime have been examined in detail under the subheadings of the material element, the spiritual element, the qualified situations and the unlawfulness; some cases affecting the culpability of the perpetrator in the crime of threat and special appearance forms of the crime namely attempt, complicity and joinder implementations have been touched. By putting the case-law of high courts in the relevant part of the study in line with the subject, it has been tried to show how the implementation is shaped in the points discussed in theory. Finally, considering the sanction of the threat crime, the investigation and the prosecution method and the legislative amendment made by the Law No. 6763 dated 24/11/2016, which will also affect the crime of threat, the place of the crime within the scope of the crime settlement applications has been examined.

Author

Dr. Mahmut Bıçakcı

How to Cite

Mahmut Bıçakcı (Master Thesis). Threat crime in the Turkish Penalty Code no. 5237, 2018, Akdeniz University.

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