Etudes par pays volume 2, PDF, 346 p., 1,4 Mo - Femise

11873_2002 Study D2: Poverty, Informal Sector, Health and Labour
deliberately and willingly does something that is “forbidden” by law or vice
versa: deliberately and willingly does not do the thing that he is supposed to
“do” by law.
The universal principal of the crime law: ‘there cannot be a crime and a
punishment without law.’ necessarily brings the the element of being against
law. A law that puts crime and punishment has to determine the action,
which is called ‘ crime’ and its prohibited result. This situation in the law is
called ‘the type’. An action that is fitting to the type is a crime. As a result
of the principal of legality, crime and punishment cannot be created by
anything except for the law. An action might be condemned or morally
blamed but if it is not fitting to the type, then it is impossible to talk about
crime and punishment.
With the reference to the mentioned elements of crime, we can describe it as
the following: “A faulty action that is fitting to the type and against law”.
This definition is very commonly accepted by official and non- official
authorities in Turkey.
4.2. Policy and legislation
According to the second article of the Constitution; “ Turkish Republic is a
... democratic, secular and social law state”. The inevitable and obligatory
result of being a law state is to bind those who rule and those who are being
ruled equally and to guarantee and develop human rights and freedom at the
highest level.
The fifth article of the Constitution says that “The fundamental aims and
duties of the state are ... to strive for the removal of political, social and
economic obstacles which restrict the fundamental rights and freedoms of
the individual in a manner incompatible with the principles of justice and of
the social state governed by the rule of law; and to provide the conditions
required for the development of the individual’s material and spiritual
existence”. Philosophically liberal state stands for it.
When it is analysed through the perspective of crime and punishment
concepts, these principles in the Constitution and the texts of the acts that
regulate the mentioned area should be parallel. More clearly, the acts that
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