What is Criminal Law?
Criminal Law is a branch that reveals all actions and situations that will constitute crime and punishment. Criminal law among the branches of law is essential for the better survival of society or for the rehabilitation of criminals. Criminal acts are always required for the general peace of society, not to be punished for any crime they have committed.
Criminal Law is divided into two. It is in the form of general criminal law and special criminal law. In any case that constitutes a crime, general principles in criminal law are seen in the grounds that eliminate the crime. It is in many criminal situations or policies that reduce or eliminate punishment with another change.
Special penal law is a punishment that envisions many situations, including what is going on in the country's criminal activities, the borders of these crimes and the scope of the gene.
Basic Principles in Criminal Law
Criminal Law is examined in two different ways. These are the laws of all aspects of punishment or crime, or the defective side of the two elements.
Provisions for Legal counts of Crime and punishment
Criminal law of crimes and violations is governing by the law. So crime is the provision of the law. This is Turkish Penal Code No. 5237 2. Article 1. It is explained in very detail in its idea. No action that is not legally declared a crime is considered a crime, and no one can be prosecuted and sentenced to it.
However, the penalties can be imposed as determined by the laws. Otherwise, it's out of the question. However, the person may have committed a crime according to the law at the time of his crime. This will remain the same, even later. Even if the law changes, one will be exempt from the crime he committed, and no one can claim that he is guilty.
Information on the principle of criminality and punishment
In accordance with Criminal Law, the criminal does the crime knowingly and willingly. So even in accordance with the principle of criminal imperfection, it has to be optional.
In addition, the penalty is only given to the perpetrator as a result of the situation brought by this rule. Other persons involved are not affected by the current situation. I mean, the people responsible for criminal conviction are a situation. No one gets punished for others. This issue is Turkish Penal Code No. 5237 20. Article 1 is clearly seen in the paragraph.
Information on Crime Elements
In order for the infringement to take effect in the judiciary, certain elements of crime must be violated. There are certain criminal elements that have been punished according to the Turkish Penal Code. Certain criminal elements are generally collected in 4 articles.
Learn about the Law feature
If the action is passed in criminal law and no discussion can be made upon it, this is considered a legal element. For example, crimes that can't be recoupable, such as theft and manslaughter, are considered legal.
Information on the material feature
The crime has to be committed before it can be considered a crime. He also has to do his guilty crime knowingly and willingly. If the person's own will is conscious, then the crime is committed as a material component.
Information on the Law Inherence feature
Each country is governed for the best possible advancement of the legal system. Countries establish a clear rule of law with laws and rules formed by law, and when this order is broken, the country is in danger. And the intra-country riots are a lot more.
If the action that exists here goes against the law, it's against the law. So that's the rule of law. Sometimes the situation is the opposite. If shown as an example, the action will be in accordance with the rules, but it may be against the law. Again, the action may be contrary to the law-abide rules.
Many issues, such as the use of rights, the lack of consent of a person, crimes committed by any threat of violence, the order of the higher departments, are subject to obligation, have been separated from the Turkish Penal Code in 2005 from the law of violation.
Information on the moral element of crime
There may be instances where the features mentioned above are considered unnecessary. The result is that the perpetrator did not do the action on purpose, using good intentions. However, if evidence of the perpetrator is understood in the action, all situations are void and the perpetrator is punished.