Yüksek LisansAçık Erişim

Criminal immunity for violations of residence

2009
0 görüntülenme
0 i̇ndirme
Danışman: Doç. Dr. Recep Gülşen

Özet (EN)

Fundamental rights and freedoms, which is violate the criminal immunity of residence as well as organized and guaranteed international documents and in the Constitutions.Binding domestic law to guarantee the basic provisions of the residence immunity, are listed at 21st in the 1982 Constitution substances. This right to sanction the violation of the basic norms of linking the 116th of the Turkish Penal Code No. 5237 substances that have been arranged in the housing immunity is a criminal violation.According to this article, individual person?s housing, workplaces, and associated buildings have been protected. Owner's consent, except where the rights of all people entering are punished. This is a crime subject to criminal complaints. As a general rule, people who operate this crime investigation can be made about the aggrieved person; perpetrator of the crime is connected to the application in person.Moreover violation of the residence immunity by using a weapon, while concealing an identity or with an unsigned letter or by using a particular symbol, together by more than one person, by taking advantage of the power to invoke fear derived from a criminal organization which exist, or is assumed to exist, by misusing the influence derived from public office, the penalty to be imposed shall be doubled.Protected by immunity from criminal legal benefits of residence violations, a person under the heading of freedom of the individual is his private life and family. This right to a positive obligation of the state was brought on behalf of protection. Almost all the modern criminal law has been taken to protect these freedoms.

Yazar

Dr. Ümit Çalışkan

Bu Yayına Nasıl Atıf Yapılır

Ümit Çalışkan (Master Thesis). Criminal immunity for violations of residence, 2009, Dicle University.

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