Master'sOpen Access

Territorial application in Turkish and Azerbaijan criminal laws

2023
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Advisor: Doç. Dr. Ozan Ercan Taşkın

Abstract (EN)

In order to ensure the legal order, the application of any positive law is as important as its enforcement. The law, which is problematic in its implementation, has no effect on the regulation of social relations. It is accepted that the application of penal laws is valid in terms of person, time and place. The implementation of criminal laws in terms of place is based on several important principles and countries determine the rules based on the basic principles in their laws. There are different methods of applying penal laws for crimes committed abroad. While the state's power to punish in crimes committed in the country comes from its sovereign right, the state's jurisdiction and punishment power is limited in crimes committed outside the country. It is important to address this issue in terms of protecting the interests of the country and people outside the country with criminal law enforcement. In order for criminal acts not to go unpunished, it is important under which conditions the penal laws will be applied against crimes committed abroad, foreign citizens and stateless persons. In this research, the basic principles that are based on the application of penal laws will be examined, and at the same time, it will be discussed which basic principles are involved in the implementation of Turkish and Azerbaijani Penal Codes. The determination of the conflicts and gaps that may arise in the implementation of the penal laws, the basic principles of the implementation of the penal laws in terms of place, the reconciliation of the norms of the Turkish and Azerbaijani Penal Codes in force will be discussed.

Author

Dr. Matanat Samadli

How to Cite

Matanat Samadli (Master Thesis). Territorial application in Turkish and Azerbaijan criminal laws, 2023, Anadolu University.

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