Knavery in Turkish Criminal Law

Good faith and trust in relationship among individuals are the most basic legal values to should to be protected. Knavery which means that these values are damaged by cheating; crime processing, the instrument used to commit the crime, the personal skills of the offender etc, diversity in terms of such factors day to day. This diversity in crime and crime structure, different approaches in doctrine and practice are reason for this study. In the first chapter of this study which consists of three chapters, describes the definitions, the historical development process of knavery crime, crime thema, protected legal value, the material and spiritual contrary of law side of crime. And also because of similarity of this type of crime,it has been described same and different sides to crime types that are generally complicated in practice. In the second chapter, crime and criminality with the causes affecting punishment and special forms of appearance in terms of knavery crime have been explained. In this chapter qualified knavery crime has been elaborated in detail. In the third chapter, the sanctions, security measures for crime, time limit of trial, prosecution procedure and criminal matters are examined. It has been analyzed functionary and competented courts about crime and compromise case. It has been benefited from the regulations in the Turkish Criminal Code numbered 5237 for explaining the knavery crime. Moreover, this regulation was examined in comparison with the regulation in Turkish Penal Code No. was abolished in 765. However, the opinions of the doctrine and the judicial decisions also have been taken into account. Within this work; It has been concluded that some parts of the regulation of the Turkish Penal Code numbered 5237 should be changed.