HUK203

School of Law \ Law

3

6

Compulsory

Turkish

-

Law Faculty

The course consists of two parts in accordance with the systematics of the Turkish Penal Code. In the introduction to criminal law, basic concepts, sources of criminal law, and basic principles of crime policy are examined. In the second part, crime theory, the material and moral elements of crime and the element of unlawfulness are discussed.

1. Mahmut Koca - İlhan Üzülmez, Türk Ceza Hukuku Genel Hükümler, 9. Baskı, Ankara 2016.
2. İzzet Özgenç, Türk Ceza Hukuku, 12. Bası, Ankara 2016.

The aim of the course is to teach the concepts of crime and punishment, the principles that dominate the theory of crime and the elements of crime. Considering the principles that dominate criminal law in the context of the basic principles of law, to interpret the institutions in the general provisions of the Turkish Penal Code in line with their philosophical grounds, to apply them to the events that come before it and to draw conclusions in line with the spirit of criminal law.

1. Knows the relationship between criminal law and other branches of law.
2. Knows the principles governing criminal law and applies them to concrete events.
3. Knows the difference between the norm of crime and other norms and distinguishes the norm of crime.
4. Recognizes the material elements in the norm of crime and knows the place of the material elements in the theory of crime.
5. Determines, separates and knows the place of the moral element in the norm of crime in the theory of crime.
6. Knows the distinction between a crime committed intentionally and a crime committed by negligence and applies it to a concrete event.
7. Knows the meaning of the element of illegality and its place in the theory of crime.
8. Knows the reasons for legality and explains the results in the concrete event.
9. Knows the place of fault in the theory of crime and defines the reasons affecting fault and explains the results.
10. Classifies, explains and applies the results of other conditions of punishability.
11. Knows the crimes of negligence and explains the distinction between other crimes.

Week 1: Introduction to criminal law,
Week 2: Introduction to the security function of criminal law and the theory of crime,
Week 3: Material elements of typicality,
Week 4: Moral elements of typicality,
Week 5: Typical elements of negligence crime,
Week 6: Error in negligence and elements of typicality,
Week 7: Element of illegality, its relation to typicality, common features of reasons for legality,
Week 8: Reasons for legality and error in material conditions,
Week 9: Elements of fault, affecting circumstances,
Week 10: Fulfillment of an unlawful but binding order, state of necessity, influence of will due to force and threat, error circumstances affecting fault,
Week 11: Other conditions of punishability; objective conditions of being punishable, personal reasons for impunity, personal reasons for waiving punishment, conditions for investigation and prosecution, complaint and permission,
Week 12: Crimes of omission

• Midterm % 30
• Final % 70