Recidivism in Turkish criminal law and special dangerous criminals

Recidivism is one of the most important subjects of both criminal law and execution law, as well as criminology, sociology and psychology. Because, although certain conditions are sought for its realization depending on the accepted system, the person who commits a crime again by fulfilling all these conditions and thus shows his stubbornness and insistence on committing a crime and reveals his dangerousness for the society is included in the research field of the aforementioned disciplines. For this reason, it is of great importance to examine the institution of recidivism from all aspects. In the first part of our study, which was created for this purpose, the notion of recidivism, the purpose of regulation of the institution of recidivism, the historical development in Turkish and Western law of the institution of recidivism, the types of recidivism and and the theories explaining the nature of recidivism, and its legal nature of recisivism were examined. In the second part of our study, the conditions necessary for the implementation of the recividism provisions and the situations in which these provisions cannot be applied are explained, and the direct and indirect consequences of the recurrence are explained in the third section. Finally, in the fourth chapter, after explaining the concept of dangerous state and how to determine this state, it has been discussed who might be habitual criminals named special dangerous criminals, people who take the crime as a profession, criminals who are members of the organization, and other criminals who can be seen as special dangerous criminals. In our study, the situation in practice and the views in the doctrine were evaluated, especially by making use of the recent Supreme Court decisions. Thus, by approaching the issue in an inclusive way in all respects, the problems both in the legislation and in practice were explained and solutions were tried to be proposed. Keywords: Criminal and Criminal Procedure Law, Execution Law, Recidivism, Repeat Offender, Execution Regime, Probation, Danger, Special Dangerous Criminals.