HUKUKA GİRİŞ

Modern criminal law is governed by a number of principles including the non-retroactivity principle which requires that "a person should not be convicted or punished except in accordance with a previously declared offense".

The correct answer is A.

Rehabilitation is a form of punishment where the society seeks to prevent a criminal from committing other crimes by forcing that person to undergo training, psychological counseling, or some form of moral or social education as to the need for law-abiding patterns of behavior. If successful, rehabilitation will allow the individual to reenter society as a productive human being.

The correct answer is C.

The three sources of criminal law in Turkey are legislature, judiciary and executive. According to the principle of legality, criminal prohibitions and sanctions should be based on written law (legislature), the role of the jurisdiction is to interpret the criminal law (judiciary), and for technical matters, the Turkish law system authorize administration to execute regulations in order to regulate details whose contents, purpose and scope are determined by the statute (executive).

The correct answer is B.

The first four options indicate requirements of the principle of legality. However, the provision that "everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law" refers to the presumption of innocence, which is also one of the principles of the criminal law.

The correct answer is E.

Although a voluntary act is required in most cases for criminal liability, both civil and common law consist of several offense definitions that do not require an act while giving rise to criminal liability, which is referred to as acts of omission or failure to act.

The correct answer is B.

Negligence is punishable only when the statute specifically includes liability fornegligence. According to Article 22 of the TPC, negligence is the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence.

The act defined in the question refers to recklessness of the perpetrator. Thus, the conduct is a crime due to negligence.

The correct answer is B.

Criminal law systems distinguish two forms of complicity: incitement and assistance. Incitement and assistance can occur only in terms of the basic kinds of intention-based offenses. The article 40 of the TPC  acknowledges this rule as follows: In order for an offense to constitute a jointly committed offense, it is sufficient that the act is unlawful and committed intentionally. Each person participating in the commission of an offense shall be sentenced according to his unlawful act, irrespective of the individual circumstances of others which may prevent the imposition of a penalty. Also, in order to be held responsible for a jointly committed offense, there must have been at least an attempt to commit the offense.

The correct answer is D.

Whoeverat the time of the commission of an act is unaware of a fact that is a definitional element of an offense shall be deemed not to have acted intentionally.

A mistake of fact occurs whereby the perpetrator violates criminal law since his/hergrasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would nothave acted in the way he did had he/she knownthe facts of the case.

The correct answer is E.

Under the law, an infant/child is a person who has not yet reached the age of majority – that is 18 in the Turkish law system-. Generally, with some exceptions, infants are not able to enter into contracts, vote. They also have no criminal responsibility for their own behaviours. A crime is not committed if the mind of the person doing the act is incapable of forming a culpable act; therefore, an infant is exempt from criminal responsibility for his or her acts if sufficient mental capacity is lacking. Infancy, in this case, means only that the child does not have the capacity to determine right and wrong; and the age of infancy is set by case law or statute. The correct answer is B.

Criminal liability of an actor can only be discussed if he/she acted of his/her own free will. The defense of constraint, sometimes known as duress, applies when the defendant had no choice but to commit the offense. This traditional defense of duress covers situations where the defendant has been forced by another to break the law under a direct threat of death or serious personal injury to himself/herself or someone else85. The perpetrator who acted under the influence of a force or a constraint that he/she could not resist does not have criminal liability. The correct answer is E.

In principle, intoxication does not excuse the perpetrator, however, if the perpetrator who is under the thumb of involuntary consumption of alcohol or drugs at the time of committing a crime, is assumed that he/she is unable to compherend the legal meaning and consequences of the act or perpetrator’s ability to control his/her behaviour regarding such act was significant diminished, shall not be subject to a penalty. The influence of alcohol or drugs on the perpetrator’s mind can be so strong as to be classified as a temporary mental disease, thus permitting a finding of insanity. Under theTPC, only involuntary intoxication may, under certain circumstances as aforementioned, preclude the perpetrator’s criminal responsibility. A person who commits an offense under the influence of alcohol and drugs consumed willfully has full criminal liability. The correct answer is E.

The objective element- also called physical or external element- that describes a voluntary act or omission, refers to the part of the definition of the offense in the statutory law which relates to the actions of the perpetrator and their consequences. The movements are willed by the conscious mind of the defendant. Otherwise, the conducts are regarded as involuntary, with the defendant not having performed the actus reus37. The element will mostly involve activity on the part of the accused, such as an assault, an act of appropriation of property (in theft) or entry into a building (in burglary). The correct answer is B.

Criminal law seeks:

• to enforce moral values;

• to punish those who deserve punishment;

• to protect the public from harm;

• to reform the offender;

• to deter offenders and potential offenders; •

to educate people about appropriate conduct and behaviour;

• to preserve order;

• to protect vulnerable people from exploitation and corruption

The correct answer is D.

Incapacitation/restraint: Executing a criminal is the most extreme form of rendering a person incapable of committing future crimes. Criminals restrained in prison cannot cause further harm to the general public during the length of their sentence. The correct answer is A.

Rehabilitation: Society may seek to prevent a criminal from committing other crimes by forcing that person to undergo training, psychological counseling, or some form of moral or social education as to the need for law-abiding patterns of behavior. If successful, rehabilitation will allow the individual to reenter society as a productive human being. The correct answer is C.

Retribution: Punishment may express the moral condemnation of the community and is a lawful means of avenging a wrong. This function may be unappealing to many, but it is essential in an ordered society that asks its citizens to rely on legal processes rather than self-help to vindicate wrongs.” Public retribution also lessens the desire for private retribution by the victim or others who might seek personal revenge for the criminal’s wrongdoing. For example, if society punishes the killer, the victim’s friends and family have less need to avenge the death. The correct answer is C.

Mistake of fact: A mistake of fact occurs whereby the perpetrator violates criminal law since his/her grasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would not have acted in the way he did had he/she known the facts of the case. If the perpetrator’s intention is nonetheless criminal, his mistake about the facts does not relieve him of criminal liability, as in the case of an error in person. In other words, the perpetrator must have committed an illegal act without intending to do so, lacking mens rea. The correct answer is C.

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.