HUKUKA GİRİŞ - Deneme Sınavı - 9

A victim’s consent to the defendant’s behaviour can exempt the defendant from liability. The issue normally arises in relation to non-fatal offenses against the person and has already been touched upon in the context of rape where, instead of being viewed as a defense, it is treated as part of the definition of the offense. 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 A.

The major concerns of criminal law may be expressed as follows:
The support of public interests in;
• preventing physical injury. This accounts for the crimes of murder, manslaughter, arson and other crimes of violence, as well as certain road traffic offenses and those relating to public health and safety.
• proscribing personal immorality deemed injurious to society’s well-being. This accounts for the criminalisation of bigamy, incest, sado-masochism, bestiality and obscenity, drug possession and supply.
• preventing the moral corruption of the young through crimes such as gross indecency and unlawful sexual intercourse with children.
• maintaining the integrity of the state and the administration of justice through crimes such as treason, perjury, perverting the course of justice, tax evasion.
• maintaining public order and security through offenses such as riot, affray, breach of the peace, public drunkenness.

According to these information, option D is not one of the major concerns of criminal law.

The governing principles which lie at the core of modern criminal law are as follows:
• The principle of welfare and upholding the common good,
• The principle of prevention of harm to others,
• The principle of minimal intervention: Law should not criminalize too much behaviour,
• The principle ofsocialresponsibility: Society requires a certain level of cooperation between citizens,
• The principle of proportionate response: The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,
• The non-retroactivity principle: A person should not be convicted or punished except in accordance with a previously declared offense,
• The thin-ice principle: Those who skate on thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,
• The principle of maximum certainty: People should have sufficiently certain and clear warnings about the forbidden conducts,
• The principle of fair labelling: Offenses should be labelled in a manner to reflect the seriousness of the law violated,
• The principle of strict construction: Ambiguities in criminal law should be construed in favour of the defendant,
• The presumption of innocence: A principle of procedural fairness that the defendant should be presumed innocent until proved
guilty.

According to these, the correct answer is option E.

According to prevailing legal theories, the general purpose of criminal law is the protection of certain individual and collective interests. The threat of punishment is expected to deter potential violators from committing offenses; the general purpose of criminal law is thus to prevent crime. Whenever someone has nevertheless committed a criminal act and the issue of punishing that person arises, the main purpose of imposing a criminal sanction is not preventive but retributive. On the basis of these arguments, it is said that theories of punishment regarding the purposes of criminal law, are divided into absolute and relative theories. Absolute theories look back to the past and relative theories look to the future. The difference of the theories arise from the difference between the punishment and prevention perspectives. So, the correct answer is given in option A.

In order to criminalize the behaviours, two leading phenomenon is governed by states by exercising the criminal law power in particular: The harm principle in Anglo-American Law and the Legal Good (Rechtsgut) principle particularly in German Law and civil law (continental law). Namely, the correct answer is option C.

Criminal law looks back to the past. This is a logical and necessary consequence of principles deriving from the age of enlightenment, in which a scholar by the name Feuerbach first wrote the legality principle ‘Nulle Poena Sine Lege, Nullum Crimen Sine Lege,’ which states that an act may only be punished if criminal liability had been established by law before the act was committed. The correct answer is E.

As a fundamental principle, ‘No Punishment Without Law’ is regulated under most state constitutions, Criminal Codes and supranational Treaties including the ECHR. The ECHR, with its Article 7, defines the principle as ‘No one shall be held guilty of any criminal offense on account of any act or omission which did not constitute a criminal offense under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offense was committed.’ According to this, the correct answer is B.

The subjective element- also called the mental element- in crime is one of the most significant concepts of substantive criminal law. In general terms, an accused is held liable only if he/she has mens rea. Mens rea is the state of mind or, in the case of negligence, the failure to attain a certain standart of behaviour which the offense definition requires before the accused can be convicted. The Latin for ‘guilty mind’, ‘mens rea’ refers to the notion according to which a court should not find a person guilty of a crime unless he/she has a blameworthy state of mind. The philosophical foundation for mens rea is that the accused can control his conducts, including whether to engage in the conducts breaking criminal law. So, the correct answer is D.

Indirect principal refers to committing the offense through another person who conducts the criminal act. Another person –the agent– becomes an instrument while committing the offense. The indirect principal exercises control over the offense through the agent who directly commits the crime. Namely, the correct answer is B.

Anglo-American criminal law distinguishes between two aspects of the causation analysis: Factual cause and legal (or proximate) cause. Factual cause is “but-for cause”, meaning that “the conduct is the cause of the result when it is an antecedent but for which the result in question would not have occurred.” In contrast, factual cause is rarely discussed; almost all causation cases are concerned with legal or proximate cause: “The relationship between the conduct and result satisfies any additional causal requirements imposed by the Code or by the law defining the offense. The correct answer is given in option C.

Apart from the examples mentioned above, jurisdiction has accepted necessity in the following cases:
• criminal trespass by police informers into the house of a suspect for the purpose of uncovering facts about drug offenses,
• leaving the scene of an accident in order to avoid physical abuse,
• disturbing the peace of the dead by performing an organ transplant if the consent of the relatives could not be obtained, or by taking a blood sample from a deceased accident victim for the purposes of excluding drunkenness in the context of potential insurance claims,
• violation of the privacy of the spoken word by making secret phone recordings for the purpose of using them in civil or family proceedings,
• or to prove the bias of a judge in a criminal case for the purpose of recusing him,
• taking away someone’s car key to prevent him from driving whilst drunk.

According to these information, the correct answer is E.

Improving tacit law is not one of main purposes of law.

Calling someonewith nicknames like stingy etc does not count as economical violences.

Be intelligent is not element of capacity to act. Another ist element of capacity to act.

6 months after the publication of the declaration of absence does a declaration of absence of a missing person take affect.

Liability of loyalty is one of the liability of engagement.

Fault is either a willful act or a negligent act.

Freedom to to terminate the contract every time you want is not subtype of contractual freedom.

Freedom to to terminate the contract every time you want is not subtype of contractual freedom.

A woman whose previos marriage has come to an and for whatever reason has to wait for 300 days before she gets remarried.