Effective remorse provisions for drug and stimulant substances crimes in the Turkish Penal Code

This thesis evaluates the effective remorse provisions regulated for drug and stimulant crimes in the Turkish Penal Code begins with the examination of theories of crime. After evaluating what crime is and what elements it consists of, the purpose of the punishment, its characteristics and the norms and procedures to be given to the perpetrator according to the Turkish Penal Code are elucidated. When the crime could not be completed due to reasons beyond the will of the perpetrator, attempt comes to fore. Attempt, its conditions and the theories that explain the need for punishment for it are explained. While discussing these institutions and the theories related to them, the views of foreign lawyers, criminologists and the views of Turkish lawyers are compared and evaluated accordingly to the matter. Following the explaining the theories of voluntary abandonment, which is an institution similar to effective remorse, and the reasons for not punishing it, the conditions required for voluntary abandonment to occur are explained. Effective remorse is discussed post analyzing voluntary abandonment institution. Later the legal characteristics of the effective remorse are compared, its differences from voluntary abandonment and its elements are discussed. Examples of effective remorse provisions that are regulated in the Turkish Penal Code are given and later the effect of these provisions on Criminal Procedure is discussed. After evaluating the effects at different stages of the criminal procedure, the provisions of effective remorse regulated in Article 192 regarding the crimes of drugs or stimulants regulated in the Turkish Penal Code are discussed. After the evaluating the purposes, application conditions and results of these provisions, a general evaluation is made on the subjects and personal opinions are given.