The crime of knowingly endangering the general security
2022
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Advisor: Doç. Dr. Hasan Sınar
Abstract (EN)
Individuals can live in peace and security in the community because there are mechanisms in place to prevent violations of their rights and freedoms. Penal Law fosters this sense of trust in individuals by punishing acts that violate individuals' fundamental rights and freedoms. The intervention of penal law sometimes anticipates that the violation will cause harm, while other times it intervenes in the front line and punishes acts that may be dangerous to rights and freedoms. In this context, Crime of Knowingly Endangering the General Security, as stipulated in clause 170 of the Turkish Penal Code No. 5237, is regulated in order to prevent dangerous acts that may endanger people's lives or property, and to ensure that people can live in peace and rest. The crime of Knowingly Endangering the General Security has been examined in the context of danger crimes in this thesis. In the first chapter, general explanations of the notion of danger, theories about danger and appearances in comparative law are presented, as well as dangerous crimes are examined and the development of penal law in the context of dangerous crimes is evaluated. And, in the second chapter, the crime of knowingly endangering the general security are discussed in the topics of protected legal value, elements of the crime (material, moral or illegality elements), culpability, objective punishment conditions, special appearance forms of the crime, trial and sanction, as well as the comparisons were made with the crime in Clause 171 of the Turkish Penal Code which is regulated as the negligent version of the crime. Finally, opinions on this topic are included.
Author
Dr. Selim Tokgöz
How to Cite
Selim Tokgöz (Master Thesis). The crime of knowingly endangering the general security, 2022, Altınbaş University.
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