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Mistake in the material elements of justified defences in criminal law

2022
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Advisor: Dr. Öğr. Üyesi Burhan Caner Hacıoğlu

Abstract (EN)

Mistake in the material elements of justified defences regulated in the third paragraph of Article 30 of the Turkish Penal Code No. 5237. While determining the mistake types in the regulation, the subject of the error is taken as the basis. In this study we will focus on this subject in detail. This dissertation consists of three main chapters. In the first chapter, the structure of the justified defences and their place in the general theory of crime; in the second chapter, the types of mistakes in the justified defences, the concept of inevitable mistake and the elements of mistake in the material elements of justified reasons will be discussed. The question of whether the mistake in the material elements of the justified reasons affects the wrongfulness or the blameworthiness is the most controversial issue of this type of mistake. This subject, which is the main research question of our study, is discussed in the third chapter. In our opinion, this kind of error affects the blameworthiness. Keywords: Justified Defences, Material Elemets, Mistake, Wrongfulness, Excuses

Author

Dr. Hasan İba

How to Cite

Hasan İba (Doctorate thesis). Mistake in the material elements of justified defences in criminal law, 2022, Erzincan Binali Yıldırım University.

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