DoctorateOpen Access

Order of the law in Turkish and French Criminal law

2020
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Advisor: Prof. Dr. Adem Sözüer

Abstract (EN)

The unlawfulness of the acts defined in the criminal laws depends on the fact that the acts that conform to the type are also unjust. The existence of a justification fact makes the act legal. In this case, the act is not in conflict with the legal order. Fulfilling the "order of the law" is one of the justification facts regulated in the Turkish penal code. The person who fulfils the orders or provisions of the law is not punished. Although a conduct is punishable under criminal law, if other regulations allow it, the person who performs the relevant conduct will not have committed an offense. The justification fact, "order of the law", which is the subject of our thesis, is examined in comparative with French criminal law. This justification fact is included in the general provisions of the French Criminal Code. In the first chapter of our study, the justification fact, "order of the law" is examined in French criminal law with its different aspects and sides. In the second chapter, the consent of victim and the command of legitimate authority are studied within the scope of order of the law. In the third chapter, this justification fact in Turkish criminal law system is evaluated with its different aspects and compared with French criminal law. In the last chapter the command of legitimate authority in Turkish criminal law is examined within the scope of order of the law.

Author

Dr. Muhammed Buhari Çetinkaya

How to Cite

Muhammed Buhari Çetinkaya (Doctorate thesis). Order of the law in Turkish and French Criminal law, 2020, İstanbul University.

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