Yüksek LisansAçık Erişim

Constitutional evaluation of interest oriented crime organizations within the framework of adjustment laws

2006
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Danışman: Prof.dr. Hasan Tunç

Özet (EN)

The Interest Oriented Crime Organisations are active on theinternational level thanks to the advanced technological opportunities. Theprincipal cause of these organisations which vary on the geographicalconditions, climate, social and economic structure is all kinds of profit andthey do not avoid to use methods like threat, force and violence for this aim.Even though there is no agreement on the definition of the organised crimeas ?the crime which is committed by an organisation that is constitutedagainst the central authority of the modern state by minimum two persons ina hierarchical structure in continuous cooperation in order to make illegalprofit?; there is a consensus on the components of the organised crime. Inthe struggle and prevention of the organised crime which has became themain interest of both doctrine and many national - international institutions;the international cooperation has became inevitable besides the nationalefforts. From this point of view, through many agreements and decisions onthe level of both the United Nations and the Europe Union; the internationalstruggle against the organised crime has gained a new dimension.Since the terrorist crimes are included in the organised crimes, theorganised crime has became the greatest and most important crime type ofthe age for all the countries. In the struggle against the organised crime, ourcountry has made many legal adaptations named ?Adjustment Laws? withinthe recent years as a member candidate of the Europe Union.Besides the objectives of the struggle against the organised crime; bytaking the renovations in our laws by the Europe Union process and theConstitution into consideration, the criteria of restricting the fundamentalrights and freedoms should be determined truly. Also the conditions of beinga social law state as the basic principals of the Constitution should not beforgotten. The equilibrium between the limit of using constitutional rights andthe sanctions which will appear in case of going beyond this limit has to bebrought into balance in a very careful manner. Also all the units have to beaware of that the struggle and prevention have a limit too and this limit isguaranteed by the Constitution.

Yazar

Uğur Poyraz

Bu Yayına Nasıl Atıf Yapılır

Uğur Poyraz (Master Thesis). Constitutional evaluation of interest oriented crime organizations within the framework of adjustment laws, 2006, Gazi University.

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