Cmk 231. added to Article 5560 SY ” back of disclosure of the provision
\n“the institution has long been present in Western countries. The institution has existed in Land European legal systems since the 1950s. The practice first appeared in Anglo-Saxon law and later found its place in the criminal codes of European countries. For example, in French law, the law of 02.02.1945 began to apply to juvenile offenders. Later, with an amendment made in 1975
\nscope has taken. Again, with the amendment of the law dated 29.06.1964 in Belgium, the institution of the withdrawal of the disclosure of the provision has also entered the Belgian legal system.
\nCmk 231. the fifth paragraph added to Article 5560 SY is as follows::
\n\u201cIf the penalty imposed at the end of the trial for the crime charged to the accused is a prison sentence of two years or less or a judicial fine; the court may decide to withdraw the disclosure of the sentence. … Withdrawal of disclosure of the provision means that the established provision does not have legal consequences for the defendant.\u201d
\nInstitution, modern criminal law, on the individualization of punishment
\nit should be evaluated in the light of its principles. One of the most important contributions of the positivist school to the classical criminal school is that it examines the concrete characteristics and state of danger of the person who committed the crime and determines the sanction according to the result of this review. In Modern criminal law, the personality characteristics of a person who commits a crime, all internal and external reasons and motives that lead him to commit a crime are examined, all measures are taken to eliminate these reasons, and sanctions are also taken in this context
\nit is detected. In Modern law, execution does not only aim at general or special Prevention: more importantly, it aims at the reintegration of the individual who has committed the crime into society. Social peace disrupted by crime and lost peace and quiet damage the opportunity for Social Development. This means that the entire society, including the individual who committed the crime, understands the laws of nature and makes them
\nby using it, it undermines the ability to direct universal progress, thus improving social well-being. For this reason, the sanction established for the crime should be directed to restore the Broken Social Peace and tranquility, thus keeping the possibility of Social Development open for a period of time.
\nThe withdrawal of the explanation of the provision is also intended for this purpose. Crime
\nif a judge examining the personality traits of a person who has committed a crime finds that the act that constitutes a crime is not a mandatory result of his personality traits, but rather an accidental reaction caused by external circumstances, he does not have a tendency to commit a new crime in the later stage of his life, one of the ways he can apply in terms of personalizing the sanction
\nit’s to leave the explanation behind.<\/p>\n","protected":false},"excerpt":{"rendered":"
Cmk 231. added to Article 5560 SY ” back of disclosure of the provision “the institution has long been present in Western countries. The institution has existed in Land European legal systems since the 1950s. The practice first appeared in Anglo-Saxon law and later found…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[217,223,220,218],"yoast_head":"\n