Participation in Crime under the New Turkish Criminal Code

2005Murat Volkan DülgerArticle

Abstract

This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.

In criminal law, one of the important subjects of study in the general theory of crime is complicity (participation in crime), which is one of the special forms in which an offence appears. This is because, in principle, when offence types are defined in criminal statutes, it is assumed that a single perpetrator carries out the acts constituting the offence, and offence types are drafted accordingly. However, some acts defined as offences can by their nature be committed with more than one perpetrator, while other acts, although not of this kind by nature, acquire the character of an offence, in accordance with the will of the legislature, when several perpetrators come together and carry out the act defined in the statute.

In many actual cases, too, it is seen that the perpetrator makes use of the help of others in carrying out the acts constituting the offence, so that the offence can be committed more easily and its aim achieved. In particular, the great increase in organised crime today, the fact that increasingly complex life relationships have made the ways of committing crime complex as well and, as a result, the need for a large number of persons in order to carry out offences greatly increase the importance of the subject.