27 March 2020Prof. Dr. Murat Volkan DülgerVideo · live stream · 1:19:37

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The video is in Turkish.

About the video

This is the first part of the recording of the Criminal Law, General Part II lecture, held live on the university’s system, YouTube and Instagram after the break in teaching caused by the pandemic. The lecture takes up the subject of unlawfulness from the beginning, considering the assessment of the concept as a whole across the entire legal order, the character of criminal law as a last resort, and a decision of the General Assembly of Criminal Chambers of the Court of Cassation on the definition of unlawfulness. It then explains the place of unlawfulness among the elements of the offence, the presumptive relationship between conformity with the statutory definition of the offence and unlawfulness, its connection with culpability, and the distinction between the concepts of unlawfulness and wrongdoing. Whether the perpetrator must know that the act is unlawful, awareness of wrongdoing, and the subjective element in grounds of justification are dealt with together with the theories of crime and the differing views in the literature. In the final part, the views on the function of including expressions such as “unlawfully” in certain offence definitions are discussed with example articles. The lecture reflects the provisions of the Turkish Criminal Code (TCK) in force on the date of the recording.

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