Qualified elements of the crime

While it is possible to come across numerous studies on the basic elements of the crime in the academic literature on Turkish criminal law, there is no detailed monographic study on the elements that make crime qualified. With this doctoral thesis, it is aimed to clarify the place of qualified elements of the crime in the general theory of crime, crystallize the theoretical basis and structural features of the relationship between basic crime and qualified crime. In this context, standard examples, extremely serious cases and less serious cases regulation techniques, which can be used instead of qualified elements in penal codes, has also been evaluated. In this way, the general theory of qualified elements of the crime and the alternative institutions to them has been put forward. In the study, firstly, the concepts of penal norm, basic element and qualified element, the structure of qualified elements, their distinguishing characteristics from similar institutions are examined, and theoretical explanations on alternative institutions to qualified elements are given. Following these theoretical explanations, the emergence of qualified elements, the issue of mistake in qualified elements and their effects on the guilt are examined. Finally, the features of qualified elements in the special appearance forms of crime consisting of attempt, participation and joinder of crimes are revealed.