Master'sOpen Access

Sence of slander (Turkish Penal Code, Article 267)

2020
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Advisor: Doç. Dr. Mehmet Emin Alşahin

Abstract (EN)

In this postgraduate thesis, the crime of calumny regulated in the Article 267, which is under the subheading called "Offences Against Judicial Bodies or Court" and located under the second part of the "Offences against Nation and State and Final Provisions", which is the fourth chapter of the "Volume II-Special Provisions" of the Turkish Criminal Code-Law Nr. 5237, has been examined with the view of criminal law discipline. In the first part of the study, which consisted of three main parts, after primarily the general information regarding the crime of calumny has been given, the historical process of the crime has been discussed together with its development in the Turkish Legal System and with its form of arrangement in the comparative law. Subsequently, the differences of the calumny from other crimes regulated under the subheading of "Offences Against Judicial Bodies or Court" have been emphasized, and thus, the question of which legal benefit is protected has been tried to be answered with the help of the discussions held in the doctrine. In the second part of the study, the scope and the elements of the crime of calumny have been explained, then, whether the compliance reasons with the law can be applied in terms of calumny has been briefly touched on. After examining the culpability of the perpetrator in terms of his/her punishability in a condition when the crime occurs with its all elements, the circumstances ofan offenceaggravated as a result of injurious consequences and the effective remorse have been given place under the title of reasons affecting the punishment. Finally, in the third part, by explaining the special appearance forms of the crime and the matters of penal sanctions and procedure, the study conducted with the classical methodology regarding the crime has been completed. The "announcement of the verdict" and the "limitation periods" that are important topics regarding the crime of calumny have been preferred to be explained separately. Throughout the study, recent editions of the books related to the crime of calumny, fundamental sources, scientific articles, and the Supreme Court practices have been utilized.

Author

Dr. Derya Hilal Kurt

How to Cite

Derya Hilal Kurt (Master Thesis). Sence of slander (Turkish Penal Code, Article 267), 2020, Marmara University.

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