What is criminal law?
Criminal law is a branch of public law regulating crimes and penalties. Criminal law is divided into general and special criminal law. Criminal general law, the definition of the concept of crime with the material and spiritual elements, the general principles of the criminal law, the penalties for crimes, penalties and reducing the penalty rules such as all the rules apply to all crimes.
Criminal private law, taking the actions considered criminal one by one, the scope and limits of the crimes, separated from each other and the penalties for these crimes examines the law.
What are the basic laws in the field of criminal law?
Turkish Penal Code No. 5237 (TCK)
Law No. 5271 on Criminal Procedure (CMK)
Law No. 5275 on the Execution of Criminal and Security Measures
Law No. 6136 on Firearms and Knives and Other Equipment
Anti-Smuggling Law No. 5607
Law No. 3713 on Fighting Terrorism
2911 Meeting and Demonstration Marches
What are the courts in the field of criminal law?
Criminal Judgeship of Magistrates
Criminal Court of First Instance
Criminal Court
Children’s Court
Children’s Criminal Court
The Criminal Court of Execution
Criminal Court of Intellectual Civil Rights
District Courts of Justice (Courts of Appeal)
Criminal Courts of the Court of Cassation
What is the legal and procedural law on the merits?
The rules that determine which decision should be made in the case of dispute are the basic rules. For example, the law clause explaining which penalty is to be given to the defendant for a wounding offense is a matter of principle.
Procedural provisions are rules that show how to conduct the investigation and proceedings. For example, it is a procedural substance to be sworn to a person who is to be a witness according to the procedure before his / her statements are taken.
The basic law on criminal law is the Turkish Penal Code No. 5237 (TCK).
The procedural law in criminal law is the Criminal Procedure Code no. 5271 (CMK).
General law, what is the special law?
The law, which contains more general arrangements, is the general law and the law, which makes more special arrangements. In cases where there is no provision in the special law, the general law is examined. If the general law conflicts with the special law, special law is applied. For example, the Turkish Penal Code is more general than the Anti-Smuggling Law.
What is the main difference between criminal proceedings and legal proceedings?
In criminal law, if the judge does not see the evidence contained in the dossier enough, he / she can conduct spontaneous evidence investigation without the request of the parties. Because the important thing in the criminal law is to reveal the material truth and the public interest.
In private law cases, as a rule, it is limited to the evidence submitted by the dominant parties. He cannot conduct spontaneous evidence investigation to find out which side is right. The parties find the evidence themselves and submit it to the file.
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