In the legal system, the branch of law that forms the basis of acts considered crimes and the penalties to be applied to them Criminal Law . In a narrow sense, Criminal Law deals only with crimes and the sanctions to be applied to them, while in a broader sense, Criminal Law encompasses criminal procedure and execution of sentences in addition to these elements.
Criminal law emerged in ancient times with the formation of communities driven by human need for one another. During this period, punishment for behaviors harmful to the community was practiced through arbitrary sanctions imposed by leaders. With the emergence of states, the state, having gained authority, acquired the power to punish. The codification of laws in Roman law, along with the development of philosophical thought on the subject, led to the formation of codification movements, and the final ideas regarding criminal law began to take shape. Accordingly, historically, this field has seen a shift from applications that varied depending on the individual and the situation to objective, general, and abstract rules.
The aim of the legal discipline is to ensure justice by establishing a rule-based order, and there are certain methods employed to protect this order. Criminal law is the branch of law that deals with determining acts that violate this order and the sanctions to be applied against them. There have been some debates regarding the purpose of this branch of law, and several key theories have emerged. These theories can be summarized as follows:
- Absolute Punishment Theory: According to this theory, the purpose of punishment is to retaliate for the crime committed. That is, when punishing a crime, the benefit or outcome of the punishment should not be considered; the sole aim should be to ensure justice. This theory has been criticized by those who argue that the purpose of punishment is not to ensure justice, but rather to ensure that society lives within a legal order and that the peace brought about by this order is maintained.
- Relative Punishment Theory: According to this theory, the purpose of punishment is to prevent crime from occurring. Deterrence is emphasized. In this regard, deterrence has two types: general prevention, which involves deterring people and establishing trust in the rule of law by observing that punishment has a greater impact on society than the consequences of criminal activity; and specific prevention, which involves punishing offenders with a level of punishment sufficient to persuade them not to commit further crimes. This theory has also been criticized for potentially hindering the administration of justice by prioritizing the rehabilitation of offenders, which could create problems within society.
- Conciliatory Theory: This theory, which emerges as a synthesis of the two theories above, posits that punishment should be both retroactive and prospective, aligning with both general deterrence, which ensures justice in response to criminal activity, and specific deterrence, which allows for the rehabilitation of the offender, while also demonstrating that the crime has a greater cost than its consequences for society.
criminal lawis the severity of punishments. For a long time after the inception of this branch of law, the penalties imposed for acts considered crimes were excessively harsh. However, over time, these penalties have been softened by factors such as human dignity and the possibility of remorse. Discussions about the purpose of punishment have also influenced this issue, ensuring that the idea of reintegrating the offender into society is also considered when determining the severity of the punishment.
Criminal lawhas several fundamental principles that form its basis. The most important of these the principle of legality in crime and punishment. According to this principle, for an act to constitute a crime and be punishable, that act and its punishment must be explicitly defined as a crime in the law. This principle has consequences such as the prohibition of creating crimes and punishments through administrative regulations, the prohibition of punishment based on customary law, the necessity of explicitly specifying crimes and punishments in the law, the prohibition of analogy, and the prohibition of retroactive application.
Presumption of Innocence
This is a legal principle stating that a person is presumed innocent until proven guilty. According to this principle, a person's innocence depends not on proof of innocence, but on proof of guilt. Rooted in ancient Roman law, this principle has become a universally accepted legal tenet through international conventions.
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In our legal system, crimes classified under the heading of "Criminal Offences" are defined in Article 12 of the Organizational Law No. 5235 as crimes "requiring aggravated life imprisonment, life imprisonment, and imprisonment exceeding ten years, except in cases where the law specifically assigns duties." Our criminal defense lawyers are always ready to answer your questions and provide consultancy services for disputes related to these crimes
Criminal law, being a branch of law dealing with sensitive issues for both society and individuals, places utmost importance on ensuring justice. Therefore, with our team of specialized, experienced, and dynamic lawyers, we provide a service aimed at achieving the fairest possible solution.