The Clear and Present Danger Test in Turkish Penal Law
The concept of clear and present danger originates from American law has become a phenomenon in different legal systems, particularly in connection with freedom of expression. The Turkish legal system uses the criterion of clear and imminent danger and has more than one regulation involving this cri...
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| Format: | Article |
| Language: | deu |
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Istanbul University Press
2023-12-01
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| Series: | Ceza Hukuku ve Kriminoloji Dergisi |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/524E5562618645BDBA640FA8C8146BDB |
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| _version_ | 1849314947211722752 |
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| author | Büşra Demiral Bakırman |
| author_facet | Büşra Demiral Bakırman |
| author_sort | Büşra Demiral Bakırman |
| collection | DOAJ |
| description | The concept of clear and present danger originates from American law has become a phenomenon in different legal systems, particularly in connection with freedom of expression. The Turkish legal system uses the criterion of clear and imminent danger and has more than one regulation involving this criterion. Pursuant to Articles 215 and 216 of the Turkish Penal Code, in order for punishment to be possible, a clear and imminent danger must exist in terms of public order and public security. In addition to these provisions, Articles 17 and 19 of the Code on Meetings and Demonstrations (Toplantı ve Gösteri Yürüyüşleri Kanunu) state that, if a clear and imminent danger is present that a crime will be committed, meetings may be banned for a certain period. This study aims to examine how the clear and imminent danger test is applied in Turkish judicial decisions in the context of the aforementioned provisions and to reveal the criteria for determination of clear and imminent danger. |
| format | Article |
| id | doaj-art-e89ef077894e4341b7d290801b397b9e |
| institution | Kabale University |
| issn | 2602-3911 |
| language | deu |
| publishDate | 2023-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Ceza Hukuku ve Kriminoloji Dergisi |
| spelling | doaj-art-e89ef077894e4341b7d290801b397b9e2025-08-20T03:52:16ZdeuIstanbul University PressCeza Hukuku ve Kriminoloji Dergisi2602-39112023-12-0111218619710.26650/JPLC2023-1407593123456The Clear and Present Danger Test in Turkish Penal LawBüşra Demiral Bakırman0https://orcid.org/0000-0002-5851-4755İstanbul Üniversitesi, İstanbul, TürkiyeThe concept of clear and present danger originates from American law has become a phenomenon in different legal systems, particularly in connection with freedom of expression. The Turkish legal system uses the criterion of clear and imminent danger and has more than one regulation involving this criterion. Pursuant to Articles 215 and 216 of the Turkish Penal Code, in order for punishment to be possible, a clear and imminent danger must exist in terms of public order and public security. In addition to these provisions, Articles 17 and 19 of the Code on Meetings and Demonstrations (Toplantı ve Gösteri Yürüyüşleri Kanunu) state that, if a clear and imminent danger is present that a crime will be committed, meetings may be banned for a certain period. This study aims to examine how the clear and imminent danger test is applied in Turkish judicial decisions in the context of the aforementioned provisions and to reveal the criteria for determination of clear and imminent danger.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/524E5562618645BDBA640FA8C8146BDBclear and present dangerfreedom of expressionpublic safetypublic orderdanger crime |
| spellingShingle | Büşra Demiral Bakırman The Clear and Present Danger Test in Turkish Penal Law Ceza Hukuku ve Kriminoloji Dergisi clear and present danger freedom of expression public safety public order danger crime |
| title | The Clear and Present Danger Test in Turkish Penal Law |
| title_full | The Clear and Present Danger Test in Turkish Penal Law |
| title_fullStr | The Clear and Present Danger Test in Turkish Penal Law |
| title_full_unstemmed | The Clear and Present Danger Test in Turkish Penal Law |
| title_short | The Clear and Present Danger Test in Turkish Penal Law |
| title_sort | clear and present danger test in turkish penal law |
| topic | clear and present danger freedom of expression public safety public order danger crime |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/524E5562618645BDBA640FA8C8146BDB |
| work_keys_str_mv | AT busrademiralbakırman theclearandpresentdangertestinturkishpenallaw AT busrademiralbakırman clearandpresentdangertestinturkishpenallaw |