Parading(tashhir) as a kind of penalty in Ottoman Criminal Law
2013
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Advisor: Prof. Dr. Gül Akyılmaz
Abstract (EN)
Parading(tashhir) is a penalty that should be sentenced by a judge in reply to a crime, which is to declare or to expose a crime and/or punishment and/or perpetrator and/or execution of any execution of any punishment to the public. I assert that there are two kinds of parading penalty. One of them is direct parading penalty, the other one is indirect parading penalty. If acquainting or giving knowlegde to the public is applied as a penalty, that is called direct parading. If a verdict or sentence results in public knowdledge, that is called indirect parading. In principle, parading penalty is a tazir punishment that means discretionary, corrective punishment. However, it was applied as a hadd punishment, which are fixed punishments for certain crimes mentioned in the Kuran or Hadiths. In addition this punishment was carried out as a complementary (tekmili) penalty, additional (tebei) penalty and psychological (nefsi) penalty. Parading was also carried out as a security measure, disciplinary punishment and administrative sanction. In principle, this punishment was legal and it was executed to everyone in public. Parading penalty that is also carried out in Islamic Criminal Law, is couched in kızgut in Turk States before their adoption to Islam. Showing a perpetrator around market place while a crier is announcing him/her and declaring a sentence in a newspaper are some kinds of parading penalty. In Ottoman State, twelve crimes were punished with parading penalty. These are being false witness, being a pander, beating, behaving immorally, rebeling, making environmental pollution, waylaying, stealing, damaging national monopoly, not performing religious duties, drunkenness and not performing army duties. There was public execution which is a kind of parading penalty in Ottoman Criminal Code dated 1851. In addition there was direct parading penalty in Ottoman Criminal Code dated 1858. Parading penalty falls into desuetude with a Pasha?s verbal order. Recently, General Police Department and some Government Departments have auhority to punish legal persons (corporations) with parading penalty.
Author
Dr. Ahmet Kılınç
How to Cite
Ahmet Kılınç (Doctorate thesis). Parading(tashhir) as a kind of penalty in Ottoman Criminal Law, 2013, Gazi University.
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