HUKUKA GİRİŞ - Deneme Sınavı - 13

Principles of priority are generally recognized:
1. The principle of posteriority: “lex posterior derogat legi priori”.
2. The principle of speciality: “lex specialis derogat legi generali”.
3. The principle of superiority: “lex superior derogat legi inferiori”.

Crimes are not universal, they are local; because one act could be considered as a crime in a country while not considered as a crime in some other country. II and III are true.

All given items are among the functions of criminal law.

First 4 choices are about public interest; and Offenses through crimes such as indecent  exposure, indecency in public, solicitation is about private interest.

It was removed from the code in 1999.

Intention is one of the subjective element of crime.

Adultery is no longer a crime in Turkey since 1999.

The given definition belongs to the negligence.

Incitement and assistance are the forms of complicity in criminal law systems.

To be drunk is not a justification reason.

Consent is one of the justification reasons; not an excuse.

The scope of criminal law is quite wide. In opposition to the general opinion regarding the scope of crime, the scope of criminal law goes beyond murder, theft, assault and rape. It also includes environmental offences, crimes against public morals, as well as traffic offences. 

Private rights mainly fall under the scope of civil law. The correct answer is D.

The principle of maximum certainty, one of the principles that lie at the core of modern criminal law, suggests that people should have sufficiently certain and clear warnings about the forbidden conducts. The correct answer is A.

The form of punishment defined in this question is incapacitation, also known as restraint. The correct answer is B.

"Nulle Poena Sine Lege, Nullum Crimen Sine Lege" refers to the fact that an act may only be punished if criminal liability had been established by law before the act was committed. This is known as the principle of legality, which suggests that punishability requires a written act of parliament and cannot be based on custom, that criminal prohibitions must determine the prohibited conduct, that acts cannot be punished retroactively, and that a statutory prohibition cannot be extended by analogy to a conduct not covered by the ordinary meaning of the words used. The correct answer is E.

According to the Turkish Penal Code, gross negligence in failing to perform one’s duties may attach criminal liability, if there is a death or serious injury. Any person causing death of a person due to failure to perform a legal obligation or requirement is basically punished with imprisonment of twelve years to twenty years instead of heavy life imprisonment. The correct answer is A.

As the main perpetrator of the offence, principal is usually the person who commits the actus reus. Where more than one person is directly responsible for the actus reus, there may be more than one principal; those are known as joint principals. In general, criminal law systems distinguish three forms of principals: principal, joint principal and indirect principal. To put it another way, whoever commits an offence individually or through another person is liable as a principal. The correct answer is B.

In the criminal law, self-defense has always been recognized as a ground of justification. Article 25 of the TPC defines self-defense as follows:

"No penalty shall be imposed upon an offender in respect of acts which were necessary to repel an unjust assault which is directed, carried out, certain to be carried out or to be repeated against a right to which he, or another, was entitled, provided such acts were proportionate to the assault, taking into account the situation and circumstances prevailing at the time."

The correct answer is D.

A victim’s consent to the defendant’s behaviour can exempt the defendant from liability. The issue normally arises in relation to non-fatal offences against a person. For example, tattooing, surgery and ear-piercing normally constitute the crime of injury. Yet the consent of the victim prevents the act from being proscribed. The correct answer is E.

Excuse is a factor considered in determining the person’s individual accountability for the wrongdoing. Even though excuses do not abolish the existence of the offence, they reduce the punishment of or remove the liability of the perpetrator. Insanity, infancy, coercion and provocation are among the excuses mentioned in the Turkish Penal Code. However, consent is concerned with the victim's declaration. The correct answer is C.