DoctorateOpen Access

Result in criminal structure

2020
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Advisor: Dr. Öğr. Üyesi Ömer Çelen

Abstract (EN)

The main aim of this study is to reveal the conceptual development of the result concept and its place and function in the criminal law. The scope of our research is limited to the theoretical dimension of the result concept and its procedural and factual functions in criminal law. In this study, debates on the result are examined with a comparative legal perspective (particularly German law). In this respect, the theoretical and factual functions of the result in criminal law are researched thoroughly. In this way, it has been aimed to understand the theoretical and legal situation of the concept of result in Turkish law in the light of comparative criminal law. The concept of result has three main functions in crime theory: practical function as an element of the crime, determining criminal liability as a type of criminal liability and determining the intensity of wrongfulness as a form of wrongfulness. As an element of the crime, the result plays a crucial role in the subjects of classification of the crimes, causality, attempt, negligence, multiple offences, the beginning of the limitations etc. As a type of criminal liability, the result had great importance about the determination of criminal liability throughout history. However, the result liability isn't accepted today and it was replaced by guilt liability. Besides that, the result as a form of wrongfulness/valuelessness affects the content and intensity of wrongfulness and thus the determination of the penalty. Related to this subject, the question of whether the result should affect the content of wrongfulness is one of the most important subjects of our examination. As a consequence of theoretical development in criminal law, the result as a type of liability, element of crime and form of valuelessness has been continuously losing ground in crime theory. But due to its factual and procedural functions, the result still has a significant role in criminal codes and a serious impact on the law practitioner. Because the result by means of these functions facilitates proving crimes, reduces the burden on the judicial bodies, contributes general prevention. Key Words: Result, Result Liability, Result Wrongfulness, Guilt Liability, Act Wrongfulness, Causality.

Author

İlhan Bulut

How to Cite

İlhan Bulut (Doctorate thesis). Result in criminal structure, 2020, Ankara Yıldırım Beyazıt University.

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