An Error in the Objective Conditions of Personal Grounds for Exclusion of Punishment
Personal grounds for exclusion of punishment refer to personal reasons that prevent the offender from being punished despite the presence of the elements of typicality, illegality, and culpability existing at the time the crime was committed. How to make a legal assessment in terms of an offender wh...
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| Format: | Article |
| Language: | deu |
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Istanbul University Press
2023-06-01
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| Series: | Ceza Hukuku ve Kriminoloji Dergisi |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/194E1FDD20B6429EABC04F8F13D7F71C |
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| _version_ | 1849722919471546368 |
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| author | Erkan Sarıtaş Hazal Algan Canseven |
| author_facet | Erkan Sarıtaş Hazal Algan Canseven |
| author_sort | Erkan Sarıtaş |
| collection | DOAJ |
| description | Personal grounds for exclusion of punishment refer to personal reasons that prevent the offender from being punished despite the presence of the elements of typicality, illegality, and culpability existing at the time the crime was committed. How to make a legal assessment in terms of an offender who has made a mistake is a very controversial issue regarding the objective conditions of these grounds. For example, will a woman who steals money from someone else’s wallet thinking that it belonged to her husband benefit from personal grounds for exclusion of punishment with regard to crimes against property (Turkish Penal Code [TPC] Art. 167)? While the objective theories put forward on this subject deny that such an error has an effect on the offender’s criminal responsibility, subjective theories accept that this error will eliminate criminal responsibility in some if not all cases. Conversely, separative theory makes categorical distinctions among the personal grounds for exclusion of punishment and has reached different results for each category. This study discusses these views and their justifications and presents an opinion on how the issue should be resolved, firstly in terms of de lege ferenda and then in terms of de lege lata . |
| format | Article |
| id | doaj-art-21fe6cc1bfa34432ad1e5dd2d6866fd8 |
| institution | DOAJ |
| issn | 2602-3911 |
| language | deu |
| publishDate | 2023-06-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Ceza Hukuku ve Kriminoloji Dergisi |
| spelling | doaj-art-21fe6cc1bfa34432ad1e5dd2d6866fd82025-08-20T03:11:11ZdeuIstanbul University PressCeza Hukuku ve Kriminoloji Dergisi2602-39112023-06-0111112510.26650/JPLC2022-1215273123456An Error in the Objective Conditions of Personal Grounds for Exclusion of PunishmentErkan Sarıtaş0https://orcid.org/0000-0003-4873-9317Hazal Algan Canseven1https://orcid.org/0000-0002-6489-3114İstanbul 29 Mayıs Üniversitesi, İstanbul, Türkiyeİstanbul 29 Mayıs Üniversitesi, İstanbul, TürkiyePersonal grounds for exclusion of punishment refer to personal reasons that prevent the offender from being punished despite the presence of the elements of typicality, illegality, and culpability existing at the time the crime was committed. How to make a legal assessment in terms of an offender who has made a mistake is a very controversial issue regarding the objective conditions of these grounds. For example, will a woman who steals money from someone else’s wallet thinking that it belonged to her husband benefit from personal grounds for exclusion of punishment with regard to crimes against property (Turkish Penal Code [TPC] Art. 167)? While the objective theories put forward on this subject deny that such an error has an effect on the offender’s criminal responsibility, subjective theories accept that this error will eliminate criminal responsibility in some if not all cases. Conversely, separative theory makes categorical distinctions among the personal grounds for exclusion of punishment and has reached different results for each category. This study discusses these views and their justifications and presents an opinion on how the issue should be resolved, firstly in terms of de lege ferenda and then in terms of de lege lata .https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/194E1FDD20B6429EABC04F8F13D7F71Cpersonal reasons for exclusion of punishmenterrorculpability |
| spellingShingle | Erkan Sarıtaş Hazal Algan Canseven An Error in the Objective Conditions of Personal Grounds for Exclusion of Punishment Ceza Hukuku ve Kriminoloji Dergisi personal reasons for exclusion of punishment error culpability |
| title | An Error in the Objective Conditions of Personal Grounds for Exclusion of Punishment |
| title_full | An Error in the Objective Conditions of Personal Grounds for Exclusion of Punishment |
| title_fullStr | An Error in the Objective Conditions of Personal Grounds for Exclusion of Punishment |
| title_full_unstemmed | An Error in the Objective Conditions of Personal Grounds for Exclusion of Punishment |
| title_short | An Error in the Objective Conditions of Personal Grounds for Exclusion of Punishment |
| title_sort | error in the objective conditions of personal grounds for exclusion of punishment |
| topic | personal reasons for exclusion of punishment error culpability |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/194E1FDD20B6429EABC04F8F13D7F71C |
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