Negative Crime Element Theory According to this theory, there are two elements of crime. These are typicality and imperfection. This theory takes a different approach in terms of typicity. The typicity element of the crime itself consists of positive and negative typicity elements. Elements of positive...
Illegality Without the law, there is no imperfection. There is no illegality without conformity to typicality, and there is no imperfection without illegality. Typicity is a prerequisite for illegality, and illegality is a prerequisite for imperfection. It is also accepted that the verb is illegal when...
A state of law means a state that depends on the rules of law in its activities and ensures the legal security of its citizens. If so, it is necessary that the executive, one of the men of the state, also depends on the rules...
Opening a social media account in his name and using his photos without the person's consent constitutes a crime of “illegally giving or taking data.” You can look at the example Supreme Court decision. 12. Criminal Department Base Number : 2014/19526 Decision Number : 2015/3184 “text of jurisprudence” Court :Criminal...
A waiver of a divorce case is considered that defects prior to the date of the waiver are forgiven, at least met with leniency. Cases that are forgiven or met with tolerance cannot be made a reason for divorce. You can look at the example...
The dealer and the provider are responsible for all damages caused by accidentally placing gasoline in the vehicle instead of diesel fuel. Because in this case, which qualifies as a defective service, the fact that the service offered is defective does not eliminate this responsibility....
Retweeting an insulting tweet on the social networking site also constitutes an offence of defamation. Because elements of the crime of defamation were formed in a chained way. You can look at the example Supreme Court decision. 18. Criminal Department Basis Number : 2015/10377 Decision Number: 2015/12777 “text of...
T.C. SUPREME COURT Grand General Assembly Base No: 2010/1 Decision No: 2012/1 Decision Date: 10.02.2012 Abstract: Turkish enforcement law foreign court decisions clearly violate Turkish public order he's interested in whether or not. Moreover, the judge of enforcement to examine and consider the reason for the decision he was not even given the...
T.C. SUPREME COURT Criminal General Assembly Base No: 1997/4-386 Decision No: 1998/52 Decision Date: 24.02.1998 CRIME OF DEFAMATION THROUGH THE PRESS – GENERAL CASTE FOR THE OCCURRENCE OF CRIME HONOR OF THE PERSON WHO IS NOT SUFFICIENT AND IS TARGETED IT IS NECESSARY TO BE INSULTED FOR THE PURPOSE OF VIOLATION OR INCITEMENT -...
Supreme Court 4. HD., B. 2017/907 D. T. 2019/6261 24.12.2019 T.C. Chairmanship Of The Supreme Court-4. law office Base Number.: 2017/907 Decision Number.: 2019/6261 Decision date: 24.12.2019 moral damage * moral compensation • assault on personal rights • conclusive evidence Court :Court of First Instance Plaintiff ...
