Misdemeanors in the new justical system penal

iiiABSTRACTThere has been accomplished a study with regard to the administrative penal law or regime ofcontradiction to the system under the labeling ?misdemeanors?, as fourth circle of the law reform,beginning partially from the Constitution and following modifications in all basic penal legislation,aiming at gaining membership in EU and harmonization with EU acquis in course of last years inTurkey.In order to determine in full sense the place of misdemeanors in the context of new penaljustice system, following the query of nearly all legislation, laws and arranging administrativeprocedures, there have been observed, to some extent, harmonization or contradictions.At first, there have been analyzed problems of penal justice system, namely effects of lightinfringements on penal jurisdiction, and remedy proposals included in doctrines and study reports onthis matter, then pointed out contemporary legal systems and actions towards decriminalization in theTurkish Law in this context, and insisted on the administrative penal law or concepts of contradictionagainst the system.In the first chapter, although in the legislation fine was envisaged as sanction or labeled asmisdemeanor, fines and misdemeanors not having administrative or judicial characteristics have beenreferred to under the concept of ?misdemeanor-like?.In the second chapter, as a result of differences between misdemeanor and felony, and of thefact that misdemeanors are being characterized not as an infringement, resulted from new basic laws,Code Nr. 5326 on Misdemeanors, as a basic law, envisaged for unjust actions without any ground, andarranging general principles, sanction system, decisions as to administrative sanctions and controlchannels, and also system created on the basis of this Code have been assessed through penal lawperspective and by considering decrees issued by Supreme Courts, and by taking into accountsimultaneously institutions of criminal procedure, including protective measures.In the final chapter, 12 arrangements on misdemeanors, envisaged in the Code onMisdemeanors, modified from ?infringements of misdemeanor characteristics?, included in theTurkish Penal Code already annulled, have been elaborated by taking advantage of statistical data,case laws of Supreme Courts and doctrines.Consequently, suggestions have been made in relation to new misdemeanors? system,including bans necessary and even compulsory for a contemporary society, which should be explainedto the society, especially in view of practice modality and law security in relation to legal channels,including implementation problems, and also on training of law enforcement personnel.