Judgment and characterizations of the punishment
2008
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Advisor: Prof. Dr. İzzet Özgenç
Abstract (EN)
The purpose of the criminal law is to protect the legal values that are necessary for people to live together in a society. It ensures the community to enjoy a safe, healthy, independent and democratic environment. Besides the objectives of a punishment such as disciplining the criminal and preparing him for society it also aims to dissuade felons. Finally in our time, punishing the criminal has lost its place to making one a beneficial person for the community.Judgment of the punishment serves realization of its purpose. So, at the moment of judgment, purpose of the punishment should be considered and one should make punishment fit into criminal?s situation by personalizing the sentence.When judging the penalty; the subjects, which are arranged within some limits by the article 61st of Turkish Criminal Code, should be considered. However the fundamental principle of determination of punishment is ?justice and equality? rule, which is arranged by 3/1st paragraph of Turkish Criminal Code. According to this arrangement; a punishment/safety measure that is proportional to the severity of criminal?s guilty act must be decided.After the judgment of a punishment, it should be characterized by making the punishment fit into criminal?s personality. With law enforced punishment and its characterization, the judgment itself is cast in a concrete and personal form. Consequently, the instruments for punishment characterizations are stated in law. For instance, by delaying the disclosure of the judgment or by applying the judicial discretion in order to diminish the penalty, characterization of punishment is achieved. Determination of the least and the utmost limits of the punishments or judgment of penalties within those borders by the judges? discretions are the results of punishment characterization.Key Words1. Judgement of the Punishment2. Punishment Characterizations3. Delaying the disclosure of the judgment4. Criminal5. Punishment
Author
Dr. Elif Tüfekçi
Institution
How to Cite
Elif Tüfekçi (Master Thesis). Judgment and characterizations of the punishment, 2008, Gazi University.
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