Criminal Law, General Part II (unlawfulness, continued)

27 March 2020Prof. Dr. Murat Volkan DülgerVideo · live stream · 33:01

The video is in Turkish.

About the video

This is the continuation, after the break, of the Criminal Law, General Part II lecture held on the same day. It explains why grounds of justification are needed, that these grounds must exist at the time of the act, and the effect on the nature of the act of consent given afterwards or of the absence of a complaint. The decisions to be given at the investigation and prosecution stages where a ground of justification exists, and the problems encountered in practice, are examined using an example of self-defence. The fact that the Turkish Criminal Code (TCK) regulates grounds of justification under the same heading as the grounds affecting culpability is discussed with reference to the period of the former code and to the types of verdict in the Code of Criminal Procedure (CMK). The five grounds of justification in the Code are listed, the execution of a statutory provision and of a superior’s order is explained with examples under the heading “performance of a duty”, and the question whether these grounds are exhaustive is touched on. The lecture reflects the rules in force on the date of the recording.