Specific offence

The person who committed the injustice in the crime type is the perpetrator. The field of perpetration of a crime consists of the people who are within the framework determined in the legal definition of the crime, that is, the people who can commit that crime. In general, crimes can be committed by anyone and these crimes are called "common offences". However, there are some crimes that these crimes can only be committed by the person who has the characteristic or obligation in the legal definiton of the crime. These crimes are called "specific offences". This criminal group constitutes the subject of our study. The main controversial parts are how to classify the crimes according to the perpetrator field, how to determine the content and limits of the specific offence concept, how will the criminal liability as perpetrator or accomplice be due to participation in a specific offence, how to determine the liability of the person who does not have characteristic or obligation in the legal definition of the crime due to participation in a specific offence. Also, the problems that arise in practice regarding the specific offence, whether the legal regulation is sufficient and whether there is a need for changes in the regulation are also issues that need to be evaluated. In order to enlighten on these controversial issues, the specific offence issue has been studied. In this whole study, it was benefited from Turkish and particularly German doctrine, and both Turkish and German judicial decisions were analyzed. In this context, the conceptual examination of the specific offence and its historical development, the legal character of the specific offence, its relationship with similar concepts, the elements constituting the specific offence, the classification of the specific offence, its relationship with elements of the crime and situaitons that is outside of the elements of the crime, in specific offence principal, secondary participant, the principle of accessory and contagion of personal reasons were analyzed and our normative regulation proposal has been included in our study. Keywords : Specific offence, common offence, legal duty to act, participation, principle of accessory, principal participant, secondary participant, crime, penal code, criminal law.