Türkiye Adalet Akademisi Dergisi

Yazarlar: Murat Volkan DÜLGER, Onur ÖZKAN, Merve BAKDUR

Konular:Hukuk

Anahtar Kelimeler:Error,Intent,Error that removes the intent,Culpability,Error that removes the culpability,Unfairness awareness

Özet: With this article, one of the most controversial issues in criminal law “error” is tried to be explained. While examining of the error, it was taken into account especially what error means in criminal law and which type of error has the meaning and result in criminal law. At the same time, it was explained, in crime theory which error is connected to which results. The error has an effect in the crime theory, which the error that removes the intend and the error that affects the fault. These two types of errors are separated. Likewise, as soon as the perpetrator acts, he must have intent on all the definition elements of the crime. Error in one of these will affect the intent of the perpetrator, because the condition for the existence of the intent is not met. So, the crime will not be suitable for the definition of crime (in German, Tatbestand). The error made in the qualitative elements of the crime and the material conditions of the reason for legality criterias are also a de facto, not legal, errors, and is addressed under the error that effect the intent. Error in cases affecting the fault would not affect the formation of the typicality of the crime and it would only affect the culpability of the perpetrator. Consequently, it was accepted that this error affects the condemnability of the perpetrator and the examination was made under this heading. After this important distinction of the error, the differences between the deviation in the target, which often comes under the error, and the error in the person were also examined.

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