Master'sOpen Access

Insignificance in Criminal Law

2017
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Advisor: Yrd. Doç. Dr. Namık Kemal Topçu

Abstract (EN)

One of the areas of law, the most effective way to provide social control, is criminal law. In progress of time, the criminal law is evolved with the effects of different thoughts and nowadays the idea of libertian state of law is dominant in the field of criminal law. The field of law not only consist of rules but also it is based on many principles. As one of these principles, the principle of "ultima ratio" which characterizes the criminal law and which means the criminal law is the last resort has an important place. This character is largely completed with insignificance in criminal law. With the insignificance, the boundaries of the criminal law are narrowed and it is ensured that the acts which do not have the content of injustice that an unfairness crime type looks for are removed from the field of criminal law. In the study, only, dogmatic grounding of insignificance, application of norm to concrete case, the criterias and examination of reflections on specific types of crime were analysed. The content of injustice of some behaviors that occur in the concrete case and that correspond to the type of crime can be determined by some criteria which are in the framework of insignificance. In this way, the content of unfairness can be prevented from being punished by excluding the behavior that does not make the content of injustice that the crime type is looking for out of the crime concept. In applying the abstract norm to the concrete case, the practitioner will make an interpretation with various criteria to determine the content of the injustice and determine whether the type of crime is genuine. Keywords: Injustice Content, Interpretation, Violation of Legal Interest, Social Compliance, Ultima ratio

Author

Dr. Salih Özkan

How to Cite

Salih Özkan (Master Thesis). Insignificance in Criminal Law, 2017, Karadeniz Technical University.

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