Türkiye Adalet Akademisi Dergisi

Yazarlar: Hakan A. YAVUZ

Konular:Hukuk

Anahtar Kelimeler:Mistake of Unjustness,Mistake of Law,Error,Culpability Theory,Evitable

Özet: In this study, the basic issues of the mistake of unjustness, which is accepted as an important reflection of the culpability theory that dominates the Turkish Penal Code, are discussed in detail. The mistake of unjustness, which is considered within the scope of the mistake, which is evaluated independently from the structural elements of the crime, is accepted as an important indicator of the abandonment of the classical criminal law doctrine. In this context, the mistake of unjustness is examined in terms of its reflections on both theory and practice. The mistake of unjustness is regulated within the scope of article 30 of the Turkish Criminal Code within the context of error provisions. With the regulation, it has been stipulated that the person who makes an inevitable mistake regarding the act he committed constitutes an unjustness cannot be punished. In the face of this regulation, the provision in article 4 of the Turkish Penal Code titled bindingness of the law “ignorance of the law does not excuse” has no meaning and essentially validity. In the current practice of Yargıtay (the Turkish Court of Cassation), it is determined that the issue has not yet reached the clarity and that the traces of the criminal intent theory are still seen in the decisions.

---