The mistake of objective elements of justification reasons

This study deals with one of the most controversial issues of the general provisions chapter of criminal law- the mistake in the objective conditions of the justification reasons. In this type of mistake, the offender acts with the belief that the justification reasons are realized even though the objective conditions are not realized in the concrete case. The question of what the law will conclude to this mistake or whether it will connect a result is the subject of this doctoral dissertation. In the third paragraph of article 30 of the Turkish Criminal Code numbered 5237 with the title of mistake, it is stated that the person who makes into an inevitable mistake in the objective conditions of the justification reasons, which is our subject of research, will benefit from this error. However, with this specific regulation it is not clear what the inevitable mistake means and how the person will benefit from it. The legal consequence of the inevitable mistake is not clear, on the contrary to the statement in this regulation. In this study, the article 21 of the Turkish Criminal Code regulating the definition of intention, the 4th paragraph of the 30th article showing the place of injustice awareness in the criminal systematic, as well as the provision of the criminal law in case of exceeding the limit for the reasons that remove the criminal responsibility in the article 27 of this Code an examination is carried out in accordance with its integrity.