DoctorateOpen Access

The basis of criminal responsibility for aggravated crime due to the consequence

2012
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Advisor: Prof. Dr. Hamide Zafer

Abstract (EN)

Making criminal liability depend on fault is one of the essential necessity being a social state governed by the rule of law and respectful of human rights. In other words, in all cases of crime is always applied this principle: there can be no crime and punishment without law. For this purpose, today, the assumptions of strict liability are disappearing from the penal codes, and many countries have already completed the amendment. However, especially, in some state provisions, objective liability is applied on the topic of liability the unintended consequence as persecutor of an intentional crime, criminal codes of some states still require the prosecution to strict liability and at the same time, other states, although introduced in the criminal law the principle of guilt jurisprudential point of view, is still applied the logic of "versari in re illicita" to incriminate the unintended consequences of an intentional offense. This situation from the perspective of the rights and freedoms of individuals, creates serious problems. With the following work, we shall analyze the ongoing discussions on this issue and will discuss possible solutions.

Author

Dr. Nazmiye Özenbaş

How to Cite

Nazmiye Özenbaş (Doctorate thesis). The basis of criminal responsibility for aggravated crime due to the consequence, 2012, Anadolu University.

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