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

11873_2002 Study D2: Poverty, Informal Sector, Health and Labour
4.5. Phenomenology
After talking about the basic policies and information about the area of
crime and punishment in Turkey, it will be right to make its critical analysis.
Clearly to analyse the general character of the Turkish crime law and to
summarise the basic structure of the crime act will help us understand the
matter better.
When we functionally look at the history of crime law, it is possible to say
that there are three different concepts of crime law. These are the oppressive
crime law, the preferential crime law, and the crime law that is in favor of
freedom.
The Oppressive Crime Law is the crime law of monarchic systems.This type
of crime law, which is also seen in totalitarian regimes in modern times, is a
means of excessive political powers. The fundemental aim is to preserve
the political power and to eliminate the ideas that are contrary to the idea
that is accepted the unique truth by the state. The area of crime and the
discretionary power of judges are wide. As the guilty person is regarded as
an aggressive brutal man who attacks on the physical and spiritual
possessions of others, he is very severely punished. Among his
punishments, death penalty, torture, cutting off an organ and imprisonment
in dungeon can be counted.
Preferential Crime Law developed after the French Revolution. With the
revolution, a shift from the mınarchic system to the liberal state, naturally
brought a change in the social structure.The priviliged classes that depended
on the base of blood and religion lost their authority and new social classes
that depended on wealth replaced them.Thus, the preferential crime law
emerged and developed during the time of the liberal state and functioned as
the protector of the rich classes and their priviliges. Moreover, it defended
these priviliged classes against the poor who were regarded as ‘ dangerous
classes ‘ . When opposing social rights are in conflict, this crime law
protected the rights of the more powerful, no matter how much
disadvantegous it was for the less powerful and it guaranteed the freedom
not among the non-equals but among the equals.
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