The branch of law determining the crimes and penalties within the scope of establishing public order is called Penal Law. It gains functionality as the concepts of penalty and crime have a provision determined by laws.
Penal Law is examined under two titles; general and private.
Genel penal law examines the concept of crime, penalty stipulated for the crime and reasons reducing and eliminating the penalty.
Private penal law, on the other hand, addresses the actions consituting a crime one by one and determines the scope and boundaries and examines the penalties stipulated for such crimes.
Two basic principles of penal law are legitimacy of the crime and penalty and having no faultiness in crimes and penalties.
Considered Crime and Penalty as Legal
Refers to the determination of the crime and the penalty in response thereto. Paragraph 1 of article 2 of Turkish Criminal Law no. 5237 frames this principle. Accordingly, noone may be tried, penalized or imposed security precautions for a matter not considered crime by law. Only in cases regarded as a crime by law, persons may be tried and penalized. In addition to that, retrospective penalties may not be imposed if such act is not within the scope of a crime at the time when the crime is committed. No comparison may be made in verdicts made as per the paragraph 3 of the article 2 of the Turkish Criminal Law no. 5237.
Faultiness in Crime and Penalty
According to the Turkish criminal law; fault refers to intentional and willful commitment of an act determined to be a crime. For the act to be penalized, the act considered as a crime must be committed intentionally and willfully. As per this rule, the perpetrator is penalized himself/herself and another person may not be tried and penalized for such crime. This is explained in the paragraph 1 of the article 20 of the Turkish Criminal Law no. 5237 as "Responsibility of a crime is personal. No other person may be held responsible for the action of another".
Our law office provides complainants/participants with attorneyship service and suspects/defendants with advocacy service at each stage of investigations and proceedings within the scope of the crimes determined pursuant to the Turkish Criminal Law no. 5237 and other regulations. Additionally, services such as preparation of defense, defending and following up hearings are provided for lawsuits heard at administrative courts of first instance and the Court of Appeals.
You can fill the form to receive information about the Penal Law and receive consultancy from lawyers specializing in penal law in Kayseri.
Attorney Seyit Halil Yüzgeç (SHY) Law Office opened its first office in 2001.
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