CRIMINAL LAW
Criminal law is an area of public law. Criminal law, which deals with the concepts of “crime” and “punishment”. Criminal law and other legal rules, including law on criminal procedure, necessitate sanction. Criminal law codes, which aim to maintain social order, are enforced by state power. The main thing in practice is the legal personality of the state. Criminal law, which is a discipline that requires the intervention of state power more than other legal disciplines, can be applied within the framework of the principles determined by the state. So what is the punishment? What is criminal law? What are the features of criminal law? What are the principles of criminal law? What are the criminal law services of CKAY Law Firm?
CrImInal Law PrIncIples
• The Principle of Legality in Crime and Punishment
In the 1st paragraph of the 2nd article of the TCK, “No one can be punished and a security measure cannot be applied for an act that is not expressly considered a crime”. statement is included. According to this principle, crime and punishment are clearly determined by law. Crime cannot be defined with vague expressions. Penal laws cannot be applied to crimes in the past.
• Principle of Clarity and Definiteness
In Article 20/1 of the TCK, “Criminal responsibility is personal. No one can be held responsible for someone else’s actions.” Fault means “to commit an act knowingly and willingly.” The perpetrator of a fault can be punished. According to criminal law, the perpetrator must personally commit the act in order to be punished.
• Principle of Certainty
Article 2 of the TCK states, “No one can be penalized, and a security measure cannot be applied for an act that is not expressly considered a crime by law.” statement is included. Accordingly, a crime cannot be established by vague expressions, abstract reasons and referring to administrative regulations. Penalties are determined by the legislator. An administrative authority cannot determine the conditions of a criminal behavior.
• The principle of No Comparison
Qiyas means “the evaluation of an act considered as a crime in the scope of another similar act”. There is emptiness and uncertainty in comparison; There is no provision applicable to the case. Article 2/3 of the TCK states, “There can be no comparison in the implementation of the provisions of the laws that include crime and punishment. Provisions containing crime and punishment cannot be interpreted in a way that leads to analogy.” statement is included. Accordingly, the criminal law forbids interpretations of qiyas that may adversely affect individual rights and freedoms.
Personality Principle
According to criminal law, crime and punishment are personal. No one other than the perpetrator can be blamed for the crime committed; no one other than the perpetrator can be punished.
The nationality of the perpetrator and the victim is not considered in Criminal Law. The crime committed is punished according to the penal laws of the country where it was committed. However, there are some exceptions in the application of the penal code in terms of property.
CrImInal Law and CKAY Law FIrm
CKAY Law Firm takes an active role in the legal issues in the legislation, especially the Turkish Penal Code (TCK). We provide services with our expert lawyer staff at every stage of the investigation and prosecution phases within the scope of crimes in legal regulations We provide attorneyship services for suspects and defendants, as well as attorney services for complainants and participants. We meticulously handle the process for the preparation of defense in the cases heard in the courts of first instance and the Court of Cassation, attendance at the hearings and follow-up of the cases.
As CKAY Law Firm, some of the services we provide in the field of criminal law are as follows:
- Cases related to crimes arising from general provisions in criminal law,
- Cases related to crimes arising from special provisions in criminal law,
- Cases related to crimes such as breach of trust, theft, fraud, damage to property,
- Cases related to the crime of forgery of official documents,
- Cases related to enforcement and bankruptcy law,
- Cases related to cyber crimes
- Cases related to family law,
- Cases related to work accidents,
- Defense and intervention services related to criminal cases.
