Türkiye Adalet Akademisi Dergisi

Yazarlar: Uğur ERSOY, Merve ALTINBAŞ

Konular:Hukuk

Anahtar Kelimeler:Drunkenness,Drunkenness Crime,Canonical Punishment,Retaliation,Correction.

Özet: In the current study, it was focused on how the drunkenness crime is handled in Islam, Ottoman and post-Republic Turkish legal systems and what are the results related to it. The regulation of drunkenness as a crime in Islamic law aims primarily for people to live at a healthy level of consciousness. Thus, the public interest and the social order are protected. In this context, the effect of drunkenness on criminal liability is divided into two according to whether drunkenness is voluntary or involuntary. In the Ottoman State, the acts of non-Muslims, who had no punitive responsibility in terms of drunkenness, and that were not criminally responsible for the crime of drunkenness, were punished by demolition. In post-republic Turkish law, the first regulation on drunkenness was the Turkish Criminal Code No. 765, followed by the Turkish Criminal Code No. 5237. However, it can be said that alcohol consumption alone is not regulated as a crime in the Turkish Penal Code no. 765 or 5237. On the other hand, drunkenness was regulated as a crime in the Turkish Criminal Code No. 765. There are also regulations regarding drunkenness in the Law on Misdemeanors. According to the Law No. 298 on the Basic Provisions of the Elections and Voter Registers, the day of voting was organized as a crime to drink alcohol even if it did not reach the level of drunkenness.

---