Crime abuse of duty in the light of judicial decisions

The offense of abuse, which is under review, is organized under section 257, under the heading "Offenses against the credibility and functioning of the public administration" in the first part of the fourth part of Law No. 5237. An offense of abuse of duty is a general, offensive, and complementary offense, and can only be committed by officers from the offense of its nature. Lawmaker has not intended to leave misconduct by puclic official without punishment taking into account the reliability of public administration. The public official must act in accordance with the obligations required by the mission during the conduct of the public affairs. This, if public activities are carried out in accordance with the principles of justice, trust and confidence in the society must not be shaken. Behavior incompatible with this obligation is defined as a crime under Article 257 of the Turkish Penal Code No. 5237 under certain circumstances. Within the scope of the study, the crime of abuse of duty will be evaluated under three chapters. In the first part, general information about crime, definitions, history, justification of the law and protected legal contribution will be given; In the second part, the perpetrator, the victim, the material and spiritual elements and special forms of appearance will be discussed; in the third section, explanations and evaluations will be given about procedural provisions and reasons for compliance with the law.