We call the branch of law, which forms the basis of the acts considered as criminal in the legal system and the punishments to be applied to them, as Criminal Law. While Criminal Law deals only with crimes and sanctions to be applied to them in narrow sense, it broadly encompasses criminal proceedings and enforcement in addition to these elements.
Criminal Law has emerged with the communities that people have created together with the need for each other in early ages. While there was the practice of punishing behaviors that harmed the community with sanctions the leader imposed arbitrarily during these periods, the state which has taken the authority with the emergence of states has had the power to punish. As a result of the establishment of the idea of the determination of the crimes and punishments by the legislative acts in Roman law, the acts of legalization have come to fruition also with the influence of philosophical considerations in this regard and recent ideas about Criminal Law has begun to take shape. Accordingly, based on historical development in this field, there has been an orientation towards objective, general and abstract rules from practices that vary according to the individual and the situation.
There are some ways in which legal discipline applies to provide justice by creating an order based on rules, which have aims, to protect this order. Criminal Law is the law which deals with the determination of acts contrary to this order and the sanctions to be applied against them. Some controversies have been made at the point of this law branch and major theories have emerged. We can put theories in order as follows:
- The theory of absolute punishment: According to this theory, the aim of punishment is punishment of the crime committed. That is, when a crime is punished, the benefits of this punishment or the consequence of it should not be considered but should be directed to the purpose of providing justice. This theory has been criticized by those who have argued that the purpose of punishment is to live in a legal order of society and to provide peace brought by this legal system rather than provide justice.
- The theory of relative punishment: According this theory, the purpose of punishment is to prevent the emergence of crime. Deterrence is more prevalent. At this point, as punishment is seen to have greater counterpart than that outcomes of the criminal activity in the society, there are 2 types of deterrence as general deterrence including deterring people and establishing confidence in the legal order and special deterrence including the punishment of the criminal offenders to some degree that will convince them not to commit crime anymore. Also, criticisms, such as the purpose of rehabilitation of criminals may lead to obstacles to the provision of justice and it may cause problems in society, has been directed to this theory.
- Conciliatory theory: According to this theorem emerging as the synthesis of the two theories above, punishment must be directed to both the past and the future and it should be suitable for both realizing of justice in return for criminal activity and general deterrence which makes society to see that crime has bigger prices than its outcomes and also should be suitable for special deterrence theory including the punishment of the criminal offenders to some degree that will convince them not to commit crime anymore and providing rehabilitation for the criminals.
One of the most controversial points of Criminal Law is amount of punishment. From the first appearance of this law, the penalties given against the acts which were accepted as crimes were exaggeratedly much for a long time and over time; these punishments have been softened by factors such as human dignity and the likelihood that someone will regret it. At this point, the arguments on purpose of punishments have influenced this issue and consideration of the idea of regaining criminal to the society has been provided in the determination of the amount of punishment.
There are certain principles of Criminal Law that constitute its basis. We can show the principle of legality in crime and punishment as the most important of them. According that principle, a criminal act or its punishment must be clearly constituted as a crime in the law so that it can be accepted as crime and punished. There are consequences of this principle as prohibition of composing crime and punishment by regulatory procedures of administration, prohibition of punishment according to the customs and traditions, the obligation to be clearly stated in law of offenses and punishment, prohibition of comparison and prohibition of retreating.
Presumption of Innocence
It is a legal principle that contains the innocence of a person until the criminality of the person is proved. According that, innocence of a person depends on the proof of criminality not the proof of innocence. This principle, which extends to the roots of Old Roman Law, has now become universally accepted by international conventions and has become statue of a general law.
Ask Heavy Criminal/Penalty Lawyer
Crimes under the title of Heavy Criminal in our legal system are defined as aggravated life imprisonment, life imprisonment and crimes requiring more than ten years imprisonment without prejudice to any separate remuneration of the law in the 12th article of the Organizational Law numbered 5235. In the resolution of disputes related to these crimes, our heavy penalty lawyers are always ready to respond to your problems and your needs of consultancy service.
As Criminal Law is a legal discipline that contains sensitive issues in terms of society and individuals, the provision of justice is of high importance. We offer a service aimed at achieving the most equitable solution with our criminal lawyers who are dynamic, experienced and specialist of this field.
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