Master'sOpen Access

Deterioration of peace and order

2022
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Advisor: Dr. Öğr. Üyesi Mahmut Kaplan

Abstract (EN)

The rules of law have been established to ensure that people live in a certain order. All people in the society are expected to live in accordance with these rules due to their joint interests. Maintaining the right to life in a healthy way is one of these joint interests. The legislator has protected the spiritual existence, peace and order of people by the Article 123 of the Turkish Criminal Code No. 5237. This crime, as required by article 17 and 56/1 of the constitution, means that people live in a peaceful environment and continue their activities in a certain tranquility and psychological calmness without being disturbed; in this way, it aims to try to protect and develop the spiritual existence of people. In the Article 123 of the Turkish Criminal Code, it is regulated that the crime can be committed with selective and persistent actions with the specific intention of disturbing the peace and order of the people. The elective act of the crime of disturbing the peace and order of persons, which is expressed as engaging in another unlawful act, is criticized within the framework of the principle of legality and certainty in the crime. It is stated that in order to avoid legal problems, the elements of the crime should be clear and unambiguous and should not be suitable for interpretation and expansion.

Author

Dr. Büşra Çalışgan

How to Cite

Büşra Çalışgan (Master Thesis). Deterioration of peace and order, 2022, Akdeniz University.

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