Ayşe Özge

If we placed all of our personal data in a circle, the information coming from a molecular genetic analysis of our DNA would be located at the center point. This centre point symbolizes our sensitive personal data. Compared with other branches of law, criminal procedural law is the branch of law which most needs personal data and therefore performs the most interventions in accordance with its proceedings. Moreover, data in the category of sensitive personal data has a great importance in terms of criminal procedure. Since DNA samples cannot be manipulated and provide results with close to 100 percent accuracy, they offer a valuable type of evidence in terms of revealing the material truth. Depending on the offense committed, the molecular genetic analysis method therefore constitutes an important approach in the investigation and prosecution phases of criminal procedure, as being a method of reading the markers expressed in DNA data. Making use of DNA samples is important for criminal procedural law, but it requires using sensitive personal data. For this reason, the need for protecting sensitive personal data should be taken into consideration from the very beginning of the criminal procedure through to the conclusion. In this study, the molecular genetic analysis method in criminal procedural law will be evaluated, especially with regard to the protection of personal data. To this end, firstly the definition of personal data and the classification of specific personal data will be given and subsequently the legal provisions in Turkish criminal procedural law will be examined in detail. As will be seen, in terms of molecular genetic analysis, there are important provisions in the Turkish legislation regarding the protection of personal data. The most important one of these provisions is allowing the application of this method only in cases of where a judge renders a decision based on essentiality. In addition to specifically regulating confidentiality, the objectivity of the expert who makes this analysis and the destruction of the samples used in the analysis have also been regulated. After the evaluation of Turkish legislation, views on the possibility of establishing a national DNA data bank in Turkey, will be discussed. In this regard, opinions in the doctrine shall be presented and the obsolete draft Act on a national DNA data bank in Turkey will be explained. After this comprehensive analysis of the Turkish law, the next topic will be the&nbsp;regulation of molecular genetic analysis in comparative law. In that context, since the related Articles of the Turkish Criminal Procedure Code (CPC) have been translated from the German Criminal Procedure Code (StGB), the first country to be compared will be Germany. In this way, to avoid repeating the same provisions, two different methods will be explained which are regulated in the StGB but which do not appear in the CPC. These are: mass DNA analysis and data storage used for future criminal procedures. In other words a DNA data bank. The second country to be examined after Germany is the United Kingdom. This is because until the ECtHR’s famous decision in the Case of S. and Marper v. the United Kingdom this country had implemented a highly controversial system. Until this decision, the United Kingdom kept DNA cell samples for an indefinite period. Since this kind of application constitutes a very serious interference to the right to privacy regulated in Article 8 of ECHR, the ECtHR ruled against the United Kingdom, and the country made some amendments to its domestic law. Following the United Kingdom, the United States of America will be examined due to it having the largest DNA data bank in the world. This DNA data bank, named CODIS, is used by the FBI. Subsequently, other countries such as France, Italy and Canada (where national DNA data banks have existed for a long time) will be examined, and the different features of the practices in these countries will be explained. In the conclusion, a general evaluation and some important suggestions will be made which should be taken into consideration in case of the establishment of a national DNA data bank in Turkey. In this context, countries that have the most positive practices regarding the protection of personal data will be given as examples. Thus, the recommendations will be given for reaching and even going beyond the levels of international standards.&nbsp;

Evaluation of Molecular Genetic Analysis in Criminal Procedure Law in Terms of Protection of Sensitive Personal Data

Cüneyt

Res. Assist.

Our study examines the concept of “serious crime” that leads to withdrawal of donation. This may be due to the donee committing a serious crime against the donor or one of the donors’ relatives, which can be a reason for the withdrawal of donations, regulated by the Turkish Obligation Code (TOC) art. 295 I b 1. We refer to “severe crime,” as defined in the Turkish Civil Code art. 510, which regulates the grounds for debarment from inheritance. However, evaluations of severe crime that lead to debarment from inheritance may not be valid when considering the grounds for withdrawal of donation. In case of debarment from inheritance, the person whom the legator is debarring from his/her inheritance may be the heir according to the legator, yet there may be no such relationship between the donor and the donee. The proximity between the donor and the donee may not be as intense as in inheritance law. How can the concept of “serious crime” then be interpreted in terms of the withdrawal of donation? Is it possible, in this case, to deploy the assessments of criminal law? In the context of our study, we attempt to find answers to this question. To not exceed the scope of our study, we evaluate the concept of severe crime only with reference to withdrawal of donation. To gain an understanding of the concept of “serious crime” based on the TOC 295 I 1, a dual distinction must be in place to express the reason for a donee committing a serious crime against a donor or one of his/her relatives. The first distinction is “crime,” and the second distinction is “serious”. This distinction should not be regarded as purely theoretical because when withdrawing a donation, the offense committed by the donee is characterized as “crime” in terms of criminal law. When a donation is withdrawn, the offense committed by the donee is characterized as “crime” in terms of criminal law. To evaluate whether the offending act is a crime or not, referring to criminal law is sufficient. The fact that the offense is characterized as “crime” serves as an objective condition for the withdrawal of a donation when it is a serious crime. The second distinction required is to define the term “serious.” A crime is characterized as “serious” based on private law regulations in relation to the withdrawal of the donation. The criminal law issue will not be effective in this regard. The private law judge evaluates two types of issues when determining the concept of “serious crime”: objective and subjective. When determining subjective issues, the judge examines the following three elements: whether the crime justifies the existence of ingratitude, any damage caused to the donor because of the crime, and the objective justification for&nbsp;this damage. The judge should examine the nature of each specific case type, the extent of the donation, the motivation of the donor to donate, the motivation of the donee in relation to the offense, whether the donor is at fault or not, and whether these three elements exist together.

“Serious Crime” in Terms of the Withdrawal of the Donation

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Ahmet

Assoc. Prof. Dr.

Eren

Temporary apprehension is a protective measure that allows a person suspected of having committed a crime to be caught by people who witnessed the crime. Temporary apprehension is only made in actual cases without any judicial decision. By its nature, it is a type of apprehension that can be performed by anyone, not just law enforcement officers.Since the committing of a crime is often witnessed by civilians, it is a necessity to determine the limits of the measures in which people can make apprehension. In accordance with this obligation, the conditions for the temporary apprehension of civilians are regulated in Article 90/1 of the Criminal Procedure Code. Accordingly, temporary apprehension can be made in cases where the person is encountered while committing a crime, if there is a possibility that the person being pursued will escape due to an act of red-handed crime, or if there is no possibility of immediately determining the person’s identity. In addition to these objective conditions, when making a temporary apprehension, people must hold the suspect for prosecuting him for the crime he has committed. Considering the form of regulation in the law, temporary apprehension is not an obligation for civilians. It is a right. Although the person against whom a crime has been committed is protected by temporary apprehension, the main purpose is to punish the perpetrator for the crime he committed.In terms of apprehension, the duration of the pursuit due to a red-handed act is not important. It may take time until the person being pursued for the crime is apprehended. The person who makes the temporary apprehension does not necessarily have to be the person who initiated the initial pursuit. The person who witnesses and pursues the crime may ask other people to catch the perpetrator. While making a temporary apprehension, the suspect can be detained and slightly injured. The important thing is to perform a measured act in connexion with the current state of crime. Since the purpose of temporary apprehension is to ensure that the suspect is prosecuted, this protection measure must be carried out for a limited time.It is not necessary for the apprehended person to actually commit the crime, but it is sufficient that there is a strong suspicion. Because the temporary apprehension will be made by civilians, it is not possible to expect these people to determine whether a crime has been committed or not. On the other hand, if the person who is found guilty of a crime is a child, an evaluation should be made according to the distinction in Article 31 of the Turkish Penal Code. Since there is no punishment in the first group for minors, there can be no legal purpose in apprehending. In terms of the second and third groups, temporary apprehension can be made due to the presence of defect capabilities.It is possible to make temporary apprehensions in crimes subject to complaint. Since temporary apprehension will be made by civilians, it is not possible to expect these people to know whether the crime they encounter is based on a complaint or not. If it is understood by law enforcement officers that the crime is due to the complaint after the person’s apprehension, the capture will have to be stopped from that moment. Temporary apprehension may also be made for deputies, ministers, and diplomats for whom special trial conditions have been determined. So much so that if there is any doubt about the identities of these people who are found guilty of committing a crime, temporary apprehension can be made in such a case. However, if it is clear that the person has immunity, temporary apprehension should not be carried out.&nbsp;

Temporary Apprehension

Ilya

Assoc. Prof.

Unauthorised Access to Computer Information: The Motives for Committing a Crime

Sadullah

Öğretim Görevlisi Dr.

Zahir

Prof. Dr.

This research aims to reveal the effect of family support on the successful adaptation of ex-convicts to society and their recidivism. The phenomenological research model, one of the qualitative research models, was adopted in the study. The sample population of the study was specified as the Diyarbakır province. Purposive and snowball sampling techniques, which are non-random (not based on probability) sampling methods, were all utilised in the study. The sample of the study consisted of 50 ex-convicts over the age of 18 (who were imprisoned for drug, theft and injury crimes) who did not commit any crime for at least two years after their release from prison. A considerable percentage of those who were discharged from prison recidivate and return to prison within two years, according to the literature on criminology. Accordingly, the sample group was formed on the basis of the criterion that at least 2 years should have elapsed after their release from prison. The semi-structured interview technique was used as a data collection tool.Numerous factors, including the presence of family support, employment or participation in the labour force, development of personal motivation to change, abandonment of substance addiction, deterrence effect of prisons, effectiveness of prison-based rehabilitation programmes, the rejection of criminal environments and friendships, growth of spirituality and religiosity, maturation process, and activities carried out within the scope of probation, have been found to be effective in contributing to ex-convicts’ desistance from crime.Of these theories, the life course theory states that changes in the lives of offenders, such as marriage and employment, are effective in their desistance from crime, while the cognitive theory draws attention to the motivation of the individual for change. Social control theory highlights the effect of the individual’s increasing social commitment to values and institutions by maturing as they age, while rational choice theory asserts that desistance from crime may be related to the fact that it seems more reasonable (in terms of profit/benefit and loss/cost) for the individual. Narrative theories explain that during the process of desistance from crime, ex-offenders reconstruct their social identities toward recovery. The coercion and social support approach explains the exoffender’s capacity to tackle problems with the social support he/she receives from the community and the capacity to overcome problems with this help.&nbsp;In the study, it was revealed that those who stated that they abandoned crime and integrated into the society among the participants were overwhelmingly supported socio-psychologically (relational, social, emotional, etc.) and financially (housing, transportation, work, financial aid, etc.) by their families both in prison and post-prison. In other words, it has been concluded that among the familial variables, the fact that the offenders maintain contact with their family members both in prison and in the post-prison period and their financial support have a substantial effect on their desistance from crime. In this context, it has been discovered that the visits made during the imprisonment process lead to the strengthening of the convicts’ commitment to their family members and responsibilities. By virtue of this strengthened bond, it was revealed that the ex-convicts experienced a sense of regret for the crime they committed and tended to desist from the crime in order not to sadden their family members anymore.They also noted that the fact that individuals released from prison assist their families in earning a living, caring for them, and taking on various family tasks prevents them from recidivism. The fact that the participants began to feel responsibility for their families, and as a result of this responsibility, they endeavoured to earn their livelihood (especially their spouses and children), and acted with the motive of adopting and protecting their family members brought about a series of mental transformations in the participants. These mental transformations have caused a change in ex-offenders’ perspectives on their criminal behaviour.It is also observed that criminals that are married or who get married after imprisonment are more successfully adapted to society and desist from crime. Marriage plays an essential role in the process of building a proper family life, developing social and emotional bonds between family members, reducing interactions with the criminal environment, and detaching the individual from his/her criminal identity. In addition, it was concluded that bearing children also plays a deterrent role in preventing individuals from recidivism. In some participants, those who are married and have children stated that they longed for their children in prison, that their children would be victimised in case of recidivism, and that they fear that their children would emulate them, all of which led them to desist from crime.

The Importance of Family Support on the Desistance of the Ex-convicts Discharged from Prison

Md. Bashir

Yanwen

Childhood Maltreatment and Violent Behaviour: A Systematic Review

Talha

Rural crime research, which focuses on crime and deviance in rural areas and communities, has been little addressed and mostly neglected within mainstream crime research (Donnermeyer, Scott and Barclay 2013). The prominence of cities as places where crime is more visible in the public sphere, the early sociological analyses being conducted in urban areas, and the consideration of crime as an issue needing urgent resolution in cities have led to a focus on urban-centred crime research within mainstream studies. Although this situation is quite natural and necessary, the focus on the city has also caused a negative situation that leaves rural crime research aside. However, crime also exists in rural areas and that it needs to be addressed through various researches and solutions must be produced. In the national literature, rural crime research is quite limited. This study aims to systematically review rural crime research and present a literature review.A systematic literature review refers to the systematic use and evaluation of clearly expressed questions to identify, select, and evaluate relevant research (Moher, Liberati, Tetzlaf and Altman 2009). Although systematic literature reviews are mostly related to the field of health, they have also been used in social sciences in recent years and have achieved successful results (Dacombe, 2018).This study focuses on crime research conducted in rural areas in Turkey. By scanning the designated databases, all types of research that could be obtained from databases, such as articles, books, and theses written in Turkish and English, were included in the scanning. In the studies, it was especially considered that rural areas and rural communities were the focus. This study aims to systematically review rural crime research, which has just begun to be addressed in national literature, and to provide a resource for researchers in this field. It is assumed that such studies will benefit rural crime researchers in terms of being able to see the field more clearly, which areas are more focussed on, which methods are used more, and what kind of gaps there are in the field. It is also thought that it will help new systematic literature reviews as rural crime research increases in the future.For this purpose, 581 results were obtained as a result of scanning the keywords determined in the study in the determined databases between 01.05.2023 and 01.06.2023. Because of the application of the review and selection criteria, 89 studies were registered for further review. As a result of a detailed review, it was determined that 17 of these studies were duplicates and 30 of them were unrelated to rural crime or rural society. A final list was created and 42 studies were determined on which the rural crime literature would be reviewed.When the literature is examined, there are 21 theses (4 of which are at doctoral level), 19 articles, 1 paper, and 1 book related to rural crime research. It can be observed that the number of studies on rural crimes has increased over the years. When topics related to rural crime research are examined, forest crimes, which can be considered among environmental crimes, and rural public order crimes take the lead. There are also studies that focus directly on a type of crime, such a as blood feud.The study concludes that rural crime research in Turkey is still in its infancy. Although studies on the phenomenon of crime in rural areas, through both forest and rural violence crimes, began in early periods, the field has not developed as expected despite increased research opportunities and data sources. It can be said that the transformation of rural and urban areas in Turkey has a great impact on this. As mentioned, although the studies started as early as the 60s, the migration from rural to urban areas, societal transformation, and the decrease in the impact of agriculture on the gross domestic product, especially after the 80s, paved the way for the concentration of interest in the city in social sciences and the neglect of studies on rural areas. However, there has been a revival in studies on rural crime, especially after 2010, but it should be noted that many points remain untouched for researchers planning to conduct studies in this field.

Rural Crime Studies in Turkey: A Systematic Literature Review

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Asena

Res. Assist. Dr.

In historical times, vagrants have been the subjects of aid and punishment from time to time and have been positioned somewhere between these two extremes according to their social structure and needs. The dynamics that changed the perspective on work and poverty also affected the perspective on vagrancy, and heavy sanctions, such as death penalties, exile, and forced labor, could be imposed on vagrants. In times of labor demand, vagrants were sometimes forbidden to leave their settlements, imprisoned in workhouses, and forced to work in exile. In times of population mobility, when the security of life and property was in danger and social order was disrupted, sanctions such as death, stigmatization, beatings and, imprisonment were imposed on vagrants.The first laws punishing vagrancy in the West is the labor laws enacted in England in the 14th century. The vagrancy regulations enacted in this period were seen as an alternative way of providing cheap labor, which had become expensive due to the death of almost half of the population because of the Black Death and the loss of some lands. Until the 16th century, vagrancy regulations aimed at providing cheap labor were transformed to serve the purposes of discipline and social control. By the 19th century, vagrancy, which had been a status until then, was regulated as a crime by associating it with certain acts, and to provide the labor force needed by the industry, the conditions of those who received assistance worsened, and work was tried to be made attractive. In the 20th century, with the outbreak of world wars and the rise of welfare-oriented states, the approaches to vagrancy and homelessness changed.In the Ottoman Empire, as in Europe, people who did not work, were lazy, and wandered around were considered “dangerous” to society, and various ways were sought to eliminate this danger. From the 16th to the 19th centuries, methods such as forced labor or exile to the countryside were used against vagrants and beggars.After Tanzimat’s proclamation, the aim of rehabilitation through labor came to the forefront of the fight against vagrancy. The Law on Vagrants and Wrongdoing-Expected Persons, which entered into force during this period, remained in force until 1963.&nbsp;Today, vagrancy, which is included as a legitimate reason for limiting the right to liberty and security under the Constitution and the ECHR, continues to exist in a mixed manner with other legislative regulations, with the aim of protecting vagrants and preventing crime. Vagrancy is not criminalized under a condition or an act as it was in the past. However, in the changing social life with developments in the second half of the 20th century, work, poverty, and the position of vagrants have moved to a new place. Vagrants, whose labor force was utilized in the years following industrialization and who were supported and rehabilitated through social policies in the years when welfare state policies were effective, began to be addressed through their potential criminality and marginality.Today’s vagrants are the equivalent of the social science concept of “underclass”, which is defined as a social class that does not have employment opportunities in the labor market, is a burden on public welfare in proportion to its number, and is a source of drug and violent crime.Nowadays, when the need for the labor force has decreased due to technological developments, globalization, and economic policies, and full employment cannot be achieved, the criterion of “choosing not to work when one has the opportunity to work”, which serves to distinguish vagrancy from other poor groups, is no longer valid. On the other hand, the fact that social policies during the crisis of the welfare state are still being positioned as working and not being able to work due to temporary risks means that unemployed poor groups are included in the vagrant category as a whole. In such a context, without the need for vagrancy as a traditional concept, it seems inevitable that groups deprived of their work and social welfare will be subjected to surveillance and other preventive law enforcement activities with a focus on their dangerousness in terms of social order.In addition, the transformation of social life has inevitably led to changes in the field of criminal law, and as the critical literature emphasizes, criminal law has begun to assume a preventive function, emphasizing the aim of preventing possible future violations rather than past violations. The new trends focusing on risks in crime prevention and combating crime in criminal law, which has been expanding toward the pre-crime field, show that potentially dangerous vagrants have naturally reappeared on the radar of criminal law. In this case, vagrants are in the interest of criminal law not as criminals but as potential criminals.&nbsp;

Vagrancy (Offense) from Past to Present

Assist. Prof. Dr.

In general, procedural impediments refer to prerequisites necessary for the initiation or progression of criminal proceedings. The concept of procedural impediments has been introduced into the doctrine of criminal law, mainly under the influence of civil procedural law. This concept was developed by the doctrine, embraced through jurisprudence, and incorporated into various legislations and has become one of the foundational institutions of criminal procedure. Procedural impediments are institutions designed to establish a balance between the actual state of affairs and ideals, thereby providing an exception to the principle of mandatory prosecution.The theoretical framework of procedural impediments is linked to understanding their purpose and classification. Their common characteristics could be meaningfully articulated by adopting this viewpoint. This paper distinguishes between procedural impediments into pure and complex categories, considering their reasons for existence and functions. This distinction depends on whether an impediment is evaluated solely within the merits of criminal procedural law or is influenced by other systems.Pure procedural impediments necessitate no exploration of crime policy or similar aspects when determining the rationale behind procedural impediments. In such cases, proceeding with a criminal trial would contradict the logic of adjudication or deviate from the minimum requirements of the legal system. The impediments in this category do not pose significant challenges in criminal proceedings, and their theoretical framework is relatively straightforward to delineate, as it can be fully explained by the requirements of the criminal procedural law system. The main challenge arises from impediments that cannot be explained by the logic of criminal proceedings.In cases of complex procedural impediments that necessitate balancing, it is insufficient to resolve issues by strictly adhering to the dynamics of criminal law alone; the situation must be examined within the expansive context of the law’s interrelation with other systems. This implies that decisions regarding the necessity of such impediments are not limited to criminal law expertise. Nonetheless, when contemplating the establishment of such an impediment, the measures necessary to achieve a balance cannot be determined without considering the dynamics of substantive and procedural law. It is crucial to acknowledge that when there is a need to balance criminal proceedings with other state functions, an evaluation by a criminal justice authority should be the preferred course of action. Specifically, if conducting an investigation poses a significant risk to public interests, entrusting the decision-making process to the discretion of the public prosecutor or facilitating consultation with various entities in exercising this discretion seems to be the most rational solution.&nbsp;

General Theory of Procedural Impediments in Criminal Procedure

Ezgi

Climate activists have recently begun to take creative but illegal actions to draw the attention of both the public and the authorities to take necessary measures against climate change and global warming. For instance, they block the main roads of the city, organize sit-ins on the streets, glue themselves to the roads, throw soup on priceless artifacts in museums, stick their hands on the conductor’s desk during a symphony concert, etc. Such actions of protesters give rise to criminal liability for offenses such as violation of privacy of property, unauthorized entry, coercion, disturbing the peace and well-being of persons, obstructing public services, damaging property, and resisting the performance of duty. In many cases, although the protesters’ actions were criminal, it is also argued that their actions were not entirely at fault. Protesters argued that their actions should be considered acts of necessity and that they carried out a proportionate assault to prevent a serious and imminent danger to the environment and raise a defense based on necessity during the trial.&nbsp;Although the claim that civil disobedience falls within the scope of the state of necessity is not new, climate activists have recently used it. In countries such as the United States, Switzerland, and Germany, climate protesters are not punished using the defense of necessity, but many of these decisions are overturned on appeal. In Anglo-American judicial mentality, it is acceptable to commit minor offenses to mobilize the state to combat climate change and protect the environment. In Germany and Switzerland, on the other hand, the fulfillment of the conditions of necessity is examined and the preventability of imminent danger is debated.&nbsp;Although the legal nature of the state of necessity is controversial, it is generally accepted as a reason for compliance with the law or a state affecting culpability. In general, the following conditions are required for a state of necessity.&nbsp;These are; 1. The perpetrator is faced with grave and absolute danger, 2. The danger is directed against right 3. The danger is not intentionally caused [4]. There is a causal link between the danger and the perpetrator’s action, 5. There is no other way to protect against the danger, 6. There is a proportion between the danger and gravity of an act.7 The perpetrator is not obliged to resist the danger.Arguments in favor of evaluating the actions of climate protesters within the scope of the state of necessity support the circumstances. It is stated that climate change protects both the right to live in the natural environment, which is a collective interest, and people’s own right to life. They argue that the damage to these rights is imminent and cannot be prevented in the future if action is not taken to prevent it now. They argue that the protesters have created public opinion for its prevention through their actions and that there is a causal link between them, that the damage caused during the protests is small considering the proportion between the damage caused and the protection of the climate, and that state policies have been ineffective in taking other methods to prevent the damage. The opposite arguments, on the other hand, state that there is no causal link between actions and climate protection, that the actions are extremely uncertain, inappropriate, and effective in terms of preventing this danger, and that accepting that there is no other means of protection would mean the legitimization of unlawful actions in a democratic state of law based on the rule of law.In our opinion, it is not always possible to evaluate the actions of climate protesters in a state of necessity. However, it should be recognized that there is a difference between ordinary crimes and misdemeanors and the motives of climate protesters.&nbsp;Acts exceeding the scope of freedom of expression and the right to gather, demonstrate, and protest should be characterized as criminal acts. Therefore, these behaviors should be expected to be considered punishable. However, crimes committed within the scope of these protests should be subject to different mitigating conditions than ordinary crimes. Alternative sanctions, such as a judicial fine or public work, should be preferred before imprisonment, and methods, such as avoiding the upper limit or postponing sentences, should be preferred. In this way, these protests, which are considered to serve a morally correct purpose, will not be punished or will be punished less severely, while material criminal law instruments such as the state of necessity will not be adapted to the events through forced methods and interpretations.&nbsp;

Can Climate Defence be Evaluated within the Scope of State of Necessity?: An Evaluation in the Light of the Decisions of the US, German and Swiss Courts

Bekir

Currently, criminal law aims to prevent risks regarding benefits protected by law before occurring result of an offence. Thus, we can say that punishment for the risks of murder is more important than punishment for murder. Because there is a risk of realizing a crime in the criminal attempt, law punishes the attempt. The Turkish Penal Code (TPC) accepts criminal liability for attempt in Article 35. The criminal attempt is punishable only if the perpetrator acts with intent. However, two forms of intent exist in the TPC. In cases of direct intent, the perpetrator aims to commit the offence or knows absolutely that his act will cause to commit the offence. However, in cases of conditional intent, the perpetrator foresees the possibility of committing the offence. Therefore, the perpetrator knows the risk of committing the offence, but nevertheless, he or she acts. Although Article 35 of the TPC does not determine that the intention must be the direct intention, The Turkish supreme court (Yargıtay), and criminal law doctrine accept that there is no criminal liability for attempt with conditional intent. For this reason, the rule that the conditional intent is determined according to the result of the offence is mostly valid in Turkish criminal law. Thus, the existence of conditional intent is conditioned on realizing the result in a practical but not theoretical sense. The background of this opinion is the concern that the range of criminal liability could be expanded intolerably. However, a different opinion in Turkish Criminal Law doctrine states that there is no difference between direct intention and conditional intent regarding the punishment of a criminal attempt.There are two important theories regarding conditional intent in German law doctrine. While risk theories determine the conditional intent according to the realized risk by the perpetrator, decision theories investigate the perpetrator’s decision, which is contrary to interests protected by law. Both parties concure with the opinion that criminal liability for attempt with conditional intent is possible. Thus there is no theoretical obstacle criminal liability for attempt with conditional intent. However, some authors demand to limit the criminal liability for this attempt. First, an opinion refuses criminal liability in cases of impossible attempts with conditional intent. This view is compatible with Turkish law because in Turkish law, impossible attempts cannot be punished. On the one hand, according to an opinion, abandonment of an attempt with conditional intent must have conditions differ from those of direct intent. The German Federal Court of Justice easily decides that in some cases, an attempt has been abonded. However, abandonment of an attempt is not voluntary in such cases; for this reason, this approach is criticized in German teaching. Finally, the dolus alternativus can limit criminal liability for attempt with conditional intent. Discussions on the dolus alternativus should, in our opinion, be further considered in Turkish law. Because an exception is stipulated in the Turkish penal code in terms of provisions for several offenses committed by one act (TPC art. 43 par. 3), and this exception brings practical importance to this discussion.If the perpetrator knowingly attacks a legally protected interest such as life, the conditional intent is not ambiguous. In this case, punishment for bodily harm rather than murder is unreasonable. Problems in accepting criminal liability for attempt with conditional intent can be limited, but no punishment for such an attempt causes unsolvable problems. This work aims to destroy the worry of criminal liability for attempt with conditional intent. For this purpose, we present solutions in German law, at the same time criticizing, some solutions that have constituted a system for criminal liability for attempt with conditional intent.&nbsp;

Acceptability of The Criminal Liability because of Criminal Attempt with Dolus Eventualis

Mustafa

Two separate offenses have been established in paragraphs 1 and 2 of Article 282 of the Turkish Penal Code No. 5237, with the subject being assets originating from a crime that requires a minimum sentence of six months or more imprisonment. The first issue investigated in this paper is whether these assets could have resulted from acts committed outside Turkey, provided only that, had they been committed within Turkey, they would have constituted a crime punishable by the same minimum sentence. There is no provision in Article 282 of the Turkish Penal Code or in other articles of the Code that necessitates attributing value to foreign country laws in determining what constitutes a property value or what offenses can be considered predicate offenses, or under what conditions the property in question can be considered to have been derived from the offense. Since the predicate offense is significant only in the context of determining the subject of the crime, Article 19(1) of Law No. 5237, which must be applied when prosecuting crimes committed outside Türkiye, does not apply in this context. Even if the predicate offense was committed abroad, as long as the criminal act such as transferring proceeds abroad, concealing their illicit origin, or attempting to make them appear legitimate is committed in Turkey, Turkish laws will apply in accordance with Article 8(1) of Law No. 5237. Therefore, it is not possible to conclude that dual criminality is required in the context of a predicate offense based on the articles and systematics of the LawTwo arguments are presented in response to the above arguments. First, when the predicate offense in the context of money laundering is committed abroad, the application of the principle of dual criminality should be seen as a legal consequence stemming from the rule of law and the principle of legality, rather than as a requirement for jurisdiction. However, as explained in the second part of this paper, the very application of the principle of dual criminality without any legal basis constitutes a violation of the principle of legality. Therefore, this argument is not acceptable. Second, some authors have argued that the principle of dual criminality should be applied in the determination of the predicate offense in Article 282 of Law No. 5237, in accordance with Article 6(2)(c) of the Palermo Convention, which is equal to domestic laws as per Article 90(5) of the Constitution. However, as shown in the first part of the paper, the authors making this claim misinterpret the relevant paragraph of the Palermo Convention by disregarding Articles 6(1), 6(2)(b), and 34(3) of the Convention. Therefore, this argument is also not acceptable.Positive law requires that the condition of dual criminality not be sought when the predicate offense has been committed abroad in the context of Article 282 of Law No. 5237. However, the lack of dual criminality creates political and moral problems in terms of both the principle of legality and legal security. It is a fact that not seeking dual criminality in the context of the predicate offense related to money laundering would mean that people who have legally earned income in their own country and brought this income to Türkiye could be deemed to have committed a crime, which would not be a fair approach, especially in cases involving offenses that require relatively lesser penalties. On the other hand, applying the principle of dual criminality universally, with no exception, in this context would hinder the achievement of the objectives of the Palermo Convention, as this approach would mean that even assets derived from serious crimes would not be subject to money laundering charges if the predicate offense is not defined as a crime in the country where it was committed. In today’s world, where the ability to move across borders has turned them into a porous veil, differences between national legal systems would be put at the service of criminals and criminal organizations. Therefore, applying the principle of dual criminality in an all-or-nothing manner in either scenario risks leading to unjust outcomes.&nbsp;To avoid the risks mentioned above, a narrowed dual criminality regime, as in European Union regulations and the laws of the United Kingdom and Germany, should be established. A legislative amendment is necessary to address this issue. Determining which crimes should be included in the catalog of offenses for which the principle of dual criminality should be sought requires a separate and comprehensive examination, considering the areas where criminal organizations are active, crimes frequently associated with international money laundering and the degree of wrongfulness of these crimes, which is beyond the scope of this article. The list of crimes for which dual criminality is sought, as set forth in European Union regulations, can serve as a guiding catalog for the aforementioned research.

Assets Originating from Crimes Committed Abroad Within the Scope of Article 282 of the TPC: A Comparative Study on the Rule of Dual Criminality

Leyla

Fahri

A fault is a common element that is necessary for both crime and tort. However, the meaning of this common concept may differ in terms of crime and tort. As a matter of fact, according to Art. 74/1 of the Turkish Code of Obligations, a civil judge is independent of the principles of criminal law in terms of determining fault in terms of acts that may constitute both crime and tort. The subject of this study is a comparison of the meanings of the concept of fault in terms of tort and crime. In this study, the differences and similarities between the approaches of criminal and civil law to this concept are revealed. Defining a person guilty is a more severe judgment than defining a person as debtor. On the other hand, depriving a person of his/her liberty is a more severe sanction than making him/her pay compensation. For these reasons, the conditions for a person being condemned for an unlawful act are more severe in criminal law than in civil law.The main points identified in this study regarding the similarities and differences between the meanings given to the concept of fault in terms of tort and crime are as follows:• The concept of fault is based on the judgment of condemnation by a legal order in relation to both tort and crime. However, in criminal law, an offender-oriented approach based on individuals is dominant in determining what is condemnable, whereas in civil law, a behavior-oriented approach where social and legal criteria come to the fore is dominant.• Since fault liability may be insufficient to compensate for damages incurred in some cases, there are cases of strict liability in the field of tort liability. However, in line with the principle of "without fault, there can be no crime", there is no strict liability in the field of criminal law.• There is no minimum age limit in terms of mental capacity in civil law. It can be concluded that a person who is incapable of imputation because of the minimum age limit stipulated in criminal law has mental capacity in the field of tort and has acted at fault.• Although, as a rule, an act must be committed with a fault at the level of intent in the field of criminal liability, even slight negligence is sufficient for civil liability to arise. The meaning given to the intent is similar in criminal and civil laws, and it means that the perpetrator/tortfeasor knows the unlawful result and desires or at least takes the risk of the result.• In criminal law, the subjective understanding of negligence is dominant. Although the duty of care and attention expected from a perpetrator is determined based on an objective criterion, whether the perpetrator can be condemned for not fulfilling this obligation is determined according to individual characteristics. Individual characteristics of a person capable of imputation, such as psychological, mental, physical weaknesses, or lack of talent, may prevent them from accepting the existence of criminal fault. On the other hand, in the field of tort, the measure of negligence has been objectified as a requirement for security in social life. The tortfeasor’s individual inadequacies and excuses were not considered in the assessment of fault. If the tortfeasor, who has mental capacity, deviates from the behavior expected under the same conditions and from the average reasonable type in the social category to which he belongs, it is accepted that he/she is negligent.• In the case of plurality of tortfeasors, to determine each plaintiff’s share of compensation in the internal relationship, the faults of the people in question must be determined proportionally. Since there is no sharing of responsibility in criminal liability, in the case of multiple perpetrators, there is no need to determine proportional fault.• The common fault of the victim does not eliminate criminal or civil liability unless it severs the causal link between the perpetrator’s/tortfeasor’s actions and the result, but reduces the amount of punishment and compensation.&nbsp;• The duty of expert witnesses in both criminal and civil proceedings consists of determining the obligations of the parties, whether they comply with these obligations, and the factors that caused the damage, using a technical dimension within their field of expertise. It is the duty of the judge to evaluate the existence and degree of the fault.

Comparison of the Concept of Fault in Terms of Tort and Crime According To Classical Crime Doctrine

İsmail

Drug, which is a medical term and derived from the word narco meaning sleep in Western languages, is also an important concept in criminal law. Because the production, supply, trade and use of drug and stimulant substances are subject to criminal regulations. Additionally, the trafficking of these substances is associated with organized crime and terrorism crimes; The use of these substances is closely related to crimes such as theft and prostitution. The word “drug” is used as a superordinate concept to include all addictive drug and stimulant substances that are intoxicating, pleasurable, stimulating, dream-inducing and provocative. Substance addiction is defined as the desire to use various types of drugs of plant or chemical origin that is continuous, repetitive and reaches a level that cannot be stopped without treatment.Drug and stimulant addiction is a disease that negatively affects a person’s physical and mental health, family, economic situation and social status. This disease is a serious problem for society, especially in the close circle of addicts. This problem is a study subject in different disciplines such as criminology, medicine, psychology, pharmacology, sociology, and economics, as well as criminal law. This multifaceted structure of addiction leads the classical rules of criminal law to be inadequate in combating addiction.Although heavy penalties are set for crimes within the scope of drug production and trafficking throughout the world, there are differences between countries’ crime and punishment policies regarding the punishment of personal drug use and possession of drugs for this purpose. Despite these criminal law regulations, the number of drug addictions has remained high for a long time. This situation, which also causes capacity problems and financial burdens for criminal justice systems, has led to the establishment of drug treatment courts in the United States, which are represent a different approach to combating addiction. Drug treatment courts, which are an example of problem-solving courts from the application areas of the therapeutic law approach, view drug addiction not as a classical crime but as a health problem with criminal consequences and aim to provide treatment to addicts through judicial intervention. The application and acceptance process adopted in the model, treatment, supervision, reward and temporary punishment system, opportunities such as education and employment offered to the participants and interdisciplinary cooperation are the basic criteria for the success of the model. This model, which has been found to be successful in preventing crime recidivism and reducing financial burden, has been taken as a precedent by many countries. Drug treatment courts operate in Canada, Australia, England, Scotland, Ireland, Austria, Belgium, Chile, Bolivia, Jamaica and parts of Brazil. The number of courts in the United States has also increased over this period. While there were 1,621 drug treatment courts in 2004, this number reached 3,448 in 2014 and 4,008 in 2021.In our law, the purchase, acceptance, possession of drugs or stimulants for use or use is regulated as a crime in Article 191 of the Turkish Penal Code. Since the adoption of the Turkish Penal Code (TPC), changes have been made in the said article, with laws numbered 5377, 5560, 6217, 6545, 6638, 7078, 7188, and 7445. The postponement of prosecution introduced by the amendment made by Law No. 6545 with regard to Article 191 of the TPC led to a decrease in the number of investigations and prosecutions for a period of two years, but these numbers then showed a general and significant increase. Statistical data show that drug addiction has become a serious problem in our country. According to 2017 data, the rate of drug addicts in the total population in our country is 1.54%. According to the 2023 Türkiye Drug Report prepared by the General Directorate of Security, action was taken against 241,821 suspects in 2022 in accordance with Article 191 of the TPC. In 2022, public expenditures within the scope of the fight against drugs in our country were 4,264,683,725 TL.Although the current provision and the relevant legislation contain some therapeutic provisions in terms of combating addiction, it is understood that there is a need for comprehensive regulation and organization for the effectiveness of the fight against addiction. We believe that drug treatment courts are more successful than our current law in combating drug addiction, that our current provisions are not sufficient, especially in therapeutic terms and that treatment structuring has not been completed. The drug treatment court model involves the participant’s application and acceptance into the program; treatment, supervision, rewards and temporary sanctions included in the program; education, employment and other opportunities offered to participants; it contains more effective provisions than our current law in many respects, such as the successful implementation of interdisciplinary cooperation. Many studies conducted in different countries have found that drug treatment courts are more successful in preventing recidivism than the classical approach of criminal law and reducing financial burdens. We believe that adopting the drug treatment court model will help prevent the criminal justice system from becoming a revolving door for drug-addicted criminals in our country, where the current workload regarding Article 191 of the TPC requires specialization. Thanks to the operation of this court in accordance with the problem-solving court model, beneficial results can be achieved for addicts, their families, society and our criminal justice system.

The Role of Treatment Courts in the Fight Against Drug Addiction and its Applicability in Türkiye

@JOURNAL_BOX_EARLYVIEW

Boran Ali

Restorative justice is an alternative practice of justice whereby offenders and victims voluntarily encounter, empathise and finally reconcile with each other in the presence of family and relatives, and other mediators. It has emerged as a substitute for the criminalising effects and humane-fiscal cost of the retributive justice system and initiated the active participation of community members in justice procedure. In this regard, community values and norms function as replacements for the written law of the state and criminal justice courts but with regard to more integrating and inclusionary means. The aim is, simply, to restore the broken rule of law by reintegrating perpetrators into the law-abiding community. The main condition for reconciliation between parties relies on a mutual positive emotional interaction and transference between parties, the aim of which is to make offenders reflect on their illicit behaviours and ultimately feel shame and remorse. Even though debates mostly focus on the judicial and socio-cultural viability of this alternative justice system, it is the possibility of a positive emotional interaction that plays a critical role in setting peace and reconciliation between victim and offenders. The idealised process is personified by the revealing of positive emotional expressions, mutual empathy and understanding between the parties in a conflict of interest. A psychosocial criminological approach to the evidence found in the literature on restorative justice has thus far shown that shame and remorse are the two key emotions anticipated for reconciliation in this setting. While not referenced explicitly, this emotional interaction process bears rather on a psychosocial character given that certain psychoanalytical processes are implicitly at work when victims and offenders are seeking to empathise with each other. Given the previous successful results of restorative justice conferences, emotional interaction between the parties has been observed to lead to the construction of mutual empathy and final closure, relying on identification and transference. In the course of the interaction, certain emotional turning points have been identified as taking place between the victim and the offenders, the latter of whom attempts to initiate a possible closure by symbolicemotional posture, facial expressions and gestures. These emotional turning points usually change the course of the conversation between the parties, resulting in the expression of a cordial apology by the offender and its acceptance by victim. However, studies on restorative justice reveal the problem of offenders’ sincerity and the genuineness of their remorse and guilt in such encounters. Some researchers&nbsp;argue that a genuine flow of shame and remorse, in an idealised form, is not displayed by offenders in contrast to the idealised expectations. To exemplify this, setting out the findings of the South Australia Juvenile Justice Research and Conferencing Project, Kathleen Daly draws attention to the fact that victims thought that only 30 per cent of offenders’ apologies were genuine, whereas offenders claimed that 60 per cent of apologies were truly sorry. This means that victims do not think offenders’ apologies are sincere and that offenders think that their apology does not truly reflect any genuine intent. Put it another way, the evidences suggest that there is a radical difference between offenders’ psychic-inner experiences and the presentation of themselves regarding the imperatives of restorative justice setting. This paper offers a conceptual distinction between emotion and affect as viewed from a psychoanalytically-inflected psychosocial criminological perspective. It further argues that emotion refers to symbolic bodily–linguistic signifiers being adaptable and consciously manipulable according to social contexts, whilst affect indicates an energy or intensities experienced unconsciously and not being symbolised. Setting out various case studies and pieces of evidence, the paper suggests that under the pressure of negative affects such as anxiety and fear of a possible failure of the restorative justice conference, offenders tend to display positive symbolic-emotional representations in a way that would convince victims and other mediators of their guilt and shame. The latter usually leads to the expected–idealised result of the victim-offender encounter. Thus, affective intensities in the emotional turning points need to be considered within the interaction process between victim and offender. A psychosocial criminological perspective should always be taken into consideration while restorative justice practices are claimed to be successful and implemented in a specific social and judicial setting.

Victim-Offender Encounters in Restorative Justice Practices: Emotional Representations versus Genuine Affects

Kerryn

Assist. Prof.

Scott A.

Dale M.

Gender and Prison Recidivism: The Influence of Protective and Risk Factors

@JOURNAL_BOX_MOSTREAD

Journal of Penal Law and Criminology (Ceza Hukuku ve Kriminoloji Dergisi) is an open access, peer-reviewed, scholarly journal published biannually in June and December. It has been an official publication of Istanbul University Faculty of Law, Criminal Law and Criminology Research and Practice Center.

Journal of Penal Law and Criminology (Ceza Hukuku ve Kriminoloji Dergisi) focuses primarily on penal law and criminology, and also welcomes the articles on subjects related with crime and criminality. The journal aims to offer an international platform for exchange of knowledge and contribute to the field in all aspects with high quality content. Besides articles in Turkish, articles in English, German, French, Spanish and Italian are included within the journal. The target group of the journal consists of academicians, researchers, professionals, students, related professional and academic bodies and institutions.

As of 2024, the print version has been stopped. The journal has become an online-only publication.

Selman

Emerging Sources Citation Index (ESCI)

EBSCO

ERIH PLUS

TR Dizin

DOAJ

Gale Cengage

@METRIC_VOLUMES

@METRIC_ISSUES

@METRIC_ARTICLES

@METRIC_OPENACCESS

Journal of Penal Law and Criminology

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Editor in Chief

Co Editor in Chief

Editorial Management Board Member

Language Editor

Editorial Assistant

Editorial Advisory Board Member

@INFO_TAB_BOARDS

Journal of Penal Law and Criminology (Ceza Hukuku ve Kriminoloji Dergisi) is an open access, peer-reviewed, scholarly journal published biannually in June and December. It has been an official publication of Istanbul University Faculty of Law, Criminal Law and Criminology Research and Practice Center.Journal of Penal Law and Criminology (Ceza Hukuku ve Kriminoloji Dergisi) focuses primarily on penal law and criminology, and also welcomes the articles on subjects related with crime and criminality. The journal aims to offer an international platform for exchange of knowledge and contribute to the field in all aspects with high quality content. Besides articles in Turkish, articles in English, German, French, Spanish and Italian are welcome within the journal. The target group of the journal consists of academicians, researchers, professionals, students, related professional and academic bodies and institutions.

Aim and Scope

<ul type="disc"> <li>Web of Science - Emerging Sources Citation Index (ESCI)</li> <li>TÜBİTAK - ULAKBİM TR Dizin    </li><li>DOAJ</li><li>ERIH PLUS</li><li>EBSCO Central &amp; Eastern European Academic Source </li><li>Gale Cengage </li> </ul>

Indexing and Abstracting

The journal is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by <a href="https://publicationethics.org/" target="_blank">the Committee on Publication Ethics (COPE)</a>, <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">the Directory of Open Access Journals (DOAJ)</a>, <a href="https://oaspa.org/" target="_blank">the Open Access Scholarly Publishers Association (OASPA)</a>, and <a href="https://www.wame.org/" target="_blank">the World Association of Medical Editors (WAME)</a> on <a href="https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing" target="_blank">https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing</a> The subjects covered in the manuscripts submitted to the Journal for publication must be in accordance with the aim and scope of the Journal. Only those manuscripts approved by every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Changing the name of an author (omission, addition or order) in papers submitted to the Journal requires written permission of all declared authors.Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unethical behaviors. All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. Plagiarism Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. If plagiarism/self-plagiarism will be found authors will be informed. Editors may resubmit manuscript for similarity check at any peer-review or production stage if required. High similarity scores may lead to rejection of a manuscript before and even after acceptance. Depending on the type of article and the percentage of similarity score taken from each article, the overall similarity score is generally expected to be less than 15 or 20%. Double Blind Peer-Review After plagiarism check, the eligible ones are evaluated by the editors-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope. The editor provides a fair double-blind peer review of the submitted articles and hands over the papers matching the formal rules to at least two national/international referees for evaluation and gives green light for publication upon modification by the authors in accordance with the referees’ claims.

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The journal is an open access journal and all content is freely available without charge to the user or his/her institution. Except for commercial purposes, users are allowed to read, download, copy, print, search, or link to the full texts of the articles in this journal without asking prior permission from the publisher or the author. This is in accordance with the <a href="https://www.budapestopenaccessinitiative.org/read" target="_blank">BOAI</a> definition of open access.The open access articles in the journal are licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (<a href="https://creativecommons.org/licenses/by-nc/4.0/deed.en" target="_blank">CC BY-NC 4.0</a>) license.

All expenses of the journal are covered by the Istanbul University. Processing and publication are free of charge with the journal. There is no article processing charges or submission fees for any submitted or accepted articles.

Authors publishing with the journal retain the copyright to their work licensed under the Creative Commons Attribution-NonCommercial 4.0 International license (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">CC BY-NC 4.0</a>) (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">https://creativecommons.org/licenses/by-nc/4.0/</a>  ) and grant the Publisher non-exclusive commercial right to publish the work. CC BY-NC 4.0 license permits unrestricted, non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Editor should consider publishing correction if minor errors that do not effect the results, interpretations and conclusions of the published paper are detected. Editor should consider retraction if major errors and/or misconduction that invalidate results and conclusions are detected.Editor should consider issuing an expression of concern if there is evidence of research or publication misconduct by the authors; there is evidence that the findings are not reliable and institutions of the authors do not investigate the case or the possible investigation seems to be unfair or nonconclusive. The guidelines of <a href="https://publicationethics.org/resources/flowcharts/complete-set-english" target="_blank">COPE</a> and <a href="https://www.icmje.org/recommendations/" target="_blank">ICJME</a> are taken into consideration regarding correction, retractions or expression of concern.RetractionJournal follows <a href="https://publicationethics.org/sites/default/files/retraction-guidelines-cope.pdf" target="_blank">COPE’s Retraction Guidelines</a> in case of retraction. The editor has the right to retract an article if: <ul><li>There is clear evidence that the findings are unreliable; either as a result of a major error (e.g. miscalculation or experimental error), or as a result of fabrication (e.g. of data) or falsification (e.g. image manipulation).</li><li>It contains plagiarised content. </li><li>It has been published elsewhere without proper attribution. </li><li>It contains material or data without authorisation for use.</li><li>There is copyright infringement or there is some other serious legal issue.</li><li>It reports unethical research. </li><li>There is evidence that the peer-review process is compromised or manipulated.</li><li>The author(s) failed to disclose a significant competing interest (also known as a conflict of interest) that, in the opinion of the editor, would have unduly influenced the interpretation of the work or the recommendations of the editors and peer reviewers.</li></ul>In case of retraction the following steps are followed:<ul><li>Retraction notice including article title is published in a subsequent issue of the journal. The retraction notice is paginated and listed in the table of contents. </li><li>A link is provided between the retraction notice and the original article in the electronic version. </li><li>The online article is preceded by a page containing the retraction notice; the reader can then proceed to the article itself.</li><li>The original article remains unchanged, except for a watermark on the .pdf on each page stating that it has been &#34;retracted”.</li></ul>Article Removal for Legal ReasonsIn the following circumstances, except the metadata (title and authors), the text of the article is removed and a page informing that the article has been removed for legal reasons replaces the article. <ul><li>The article is found to be defamatory or to infringe the legal rights of others, and retraction is not deemed to be an adequate solution.</li><li>The article has been, or is reasonably likely to be the subject of a court order.</li><li>There is a significant risk to public health. </li></ul>

To guarantee that all papers published in the journal are maintained and permanently accessible, articles are stored in Dergipark which serves as a  national archival web site and at the same time permits LOCKSS to  collect, preserve, and serve the content.Additionally, authors are encouraged to self-archive the final PDF version of their articles in open electronic archives with  that conform to standards of Open Archives Initiative (<a href="https://www.openarchives.org/" target="_blank">https://www.openarchives.org/</a>). Authors should provide a link from the deposited version to the URL of IUPress journal website.

Journal of Penal Law and Criminology (Ceza Hukuku ve Kriminoloji Dergisi) is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by <a href="https://publicationethics.org/" target="_blank">the Committee on Publication Ethics (COPE)</a>, <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">the Directory of Open Access Journals (DOAJ)</a>, t<a href="https://oaspa.org/" target="_blank">he Open Access Scholarly Publishers Association (OASPA)</a>, and <a href="https://www.wame.org/" target="_blank">the World Association of Medical Editors (WAME)</a> on <a href="https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing" target="_blank">https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing</a>All submissions must be original, unpublished (including as full text in conference proceedings), and not under the review of any other publication synchronously. Each manuscript is reviewed by one of the editors and at least two referees under double-blind peer review process. Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unnethical behaviors.All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. In accordance with the code of conduct we will report any cases of suspected plagiarism or duplicate publishing.

Ethics

Journal of Penal Law and Criminology (Ceza Hukuku ve Kriminoloji Dergisi) adheres to the highest standards in research ethics and follows the principles of international research ethics as defined below. The authors are responsible for the compliance of the manuscripts with the ethical rules.- Principles of integrity, quality and ransparency should be sustained in designing the research, reviewing the design and conducting the research.- The research team and participants should be fully informed about the aim, methods, possible uses and requirements of the research and risks of participation in research.- The confidentiality of the information provided by the research participants and the confidentiality of the respondents should be ensured. The research should be designed to protect the autonomy and dignity of the participants.- Research participants should participate in the research voluntarily, not under any coercion.- Any possible harm to participants must be avoided. The research should be planned in such a way that the participants are not at risk.- The independence of research must be clear; and any conflict of interest or must be disclosed.- In experimental studies with human subjects, written informed consent of the participants who decide to participate in the research must be obtained. In the case of children and those under wardship or with confirmed insanity, legal custodian’s assent must be obtained.- If the study is to be carried out in any institution or organization, approval must be obtained from this institution or organization.- In studies with human subject, it must be noted in the method’s section of the manuscript that the informed consent of the participants and ethics committee approval from the institution where the study has been conducted have been obtained.

It is authors’ responsibility to ensure that the article is in accordance with scientific and ethical standards and rules. And authors must ensure that submitted work is original. They must certify that the manuscript has not previously been published elsewhere or is not currently being considered for publication elsewhere, in any language. Applicable copyright laws and conventions must be followed. Copyright material (e.g. tables, figures or extensive quotations) must be reproduced only with appropriate permission and acknowledgement. Any work or words of other authors, contributors, or sources must be appropriately credited and referenced.All the authors of a submitted manuscript must have direct scientific and academic contribution to the manuscript. The author(s) of the original research articles is defined as a person who is significantly involved in “conceptualization and design of the study”, “collecting the data”, “analyzing the data”, “writing the manuscript”, “reviewing the manuscript with a critical perspective” and “planning/conducting the study of the manuscript and/or revising it”. Fund raising, data collection or supervision of the research group are not sufficient roles to be accepted as an author. The author(s) must meet all these criteria described above. The order of names in the author list of an article must be a co-decision and it must be indicated in the <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/19F4A71C8F1746A989A75F46111763A6" target="_blank">Copyright Agreement Form</a>.The individuals who do not meet the authorship criteria but contributed to the study must take place in the acknowledgement section. Individuals providing technical support, assisting writing, providing a general support, providing material or financial support are examples to be indicated in acknowledgement section.All authors must disclose all issues concerning financial relationship, conflict of interest, and competing interest that may potentially influence the results of the research or scientific judgment. When an author discovers a significant error or inaccuracy in his/her own published paper, it is the author’s obligation to promptly cooperate with the Editor-in-Chief to provide retractions or corrections of mistakes.

Editors evaluate manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief, political or philosophy of the authors. They provide a fair double-blind peer review of the submitted articles for publication. They ensure that all the information related to submitted manuscripts is kept as confidential before publishing.Editors are responsible for the contents and overall quality of the publication. They must publish errata pages or make corrections when needed.Editor does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers evaluate manuscripts based on content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief, political or philosophy of the authors. They must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective.Reviewers should identify the relevant published work that has not been cited by the authors. They must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the Editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the Editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The reviewers are not allowed to have copies of the manuscripts for personal use and they cannot share manuscripts with others. Unless the authors and editor permit, the reviews of referees cannot be published or disclosed. The anonymity of the referees is important. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by editor-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope. The selected manuscripts are sent to at least two national/international referees for evaluation and publication decision is given by editor-in-chief  upon modification by the authors in accordance with the referees’ claims.Editor-in-Chief evaluates manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief or political philosophy of the authors. He/She provides a fair double-blind peer review of the submitted articles for publication and ensures that all the information related to submitted manuscripts is kept as confidential before publishing. Editor-in-Chief is responsible for the contents and overall quality of the publication. He/She must publish errata pages or make corrections when needed. Editor-in-Chief does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal. Reviewers must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective. Reviewers must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the editor if they are aware of copyright infringement and plagiarism on the author’s side. A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the editor and excuse himself from the review process. The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The anonymity of the referees must be ensured. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

Peer Review

Editors evaluate manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief, political or philosophy of the authors. They provide a fair double-blind peer review of the submitted articles for publication. They ensure that all the information related to submitted manuscripts is kept as confidential before publishing.Editors are responsible for the contents and overall quality of the publication. They must publish errata pages or make corrections when needed.Editor does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers evaluate manuscripts based on content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief, political or philosophy of the authors. They must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective.Reviewers should identify the relevant published work that has not been cited by the authors. They must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the Editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the Editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The reviewers are not allowed to have copies of the manuscripts for personal use and they cannot share manuscripts with others. Unless the authors and editor permit, the reviews of referees cannot be published or disclosed. The anonymity of the referees is important. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by editor-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope.  The selected manuscripts are sent to at least two national/international external referees for evaluation and publication decision is given by editor-in-chief  upon modification by the authors in accordance with the referees’ claims.Editor-in-chief evaluates manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief or political philosophy of the authors and ensures a fair double-blind peer review of the selected manuscripts.Editor in chief does not allow any conflicts of interest between the authors, editors and reviewers and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers’ judgments must be objective. Reviewers’ comments on the following aspects are expected while conducting the review.-    Does the manuscript contain new and significant information?-    Does the abstract clearly and accurately describe the content of the manuscript?-    Is the problem significant and concisely stated?-    Are the methods described comprehensively?-    Are the interpretations and consclusions justified by the results?-    Is adequate references made to other Works in the field?-    Is the language acceptable?Reviewers must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The anonymity of the referees is important.

<ol><li style="text-align: left;">Manuscripts should be submitted online via <a href="http://istanbul.edu.tr:8080/en/journal/jplc/home" target="_blank">http://istanbul.edu.tr:8080/en/journal/jplc/home</a></li><li style="text-align: left;">All the manuscripts submitted must be accompanied by a cover letter indicating that the manuscript is intended for publication, specifying the article category (i.e. research article etc.) and including information about the manuscript (see the Submission Checklist). In addition, a <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/19F4A71C8F1746A989A75F46111763A6" target="_blank">Copyright Agreement Form</a> that has to be signed by all authors must be submitted.</li><li style="text-align: left;">A <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/3D0F829DFC9B4EBA9E2AA77D514E123B" target="_blank">title page</a> including author information must be submitted together with the manuscript. The title page is to include fully descriptive title of the manuscript and, affiliation, title, e-mail address, postal address, phone and fax number of the author(s) (see The Submission Checklist).</li><li style="text-align: left;">Apart from peer-reviewed manuscripts, reviews of judgements, book reviews, legislation assessments and informative notes are included within the Journal. The acceptance or the rejection of the above mentioned works is made by the Editorial Board.</li><li style="text-align: left;">All correspondence will be sent to the first-named author unless otherwise specified.</li><li style="text-align: left;">It is accepted that the submitted manuscripts are in line with the journal’s rules. In case that violation of scientific research and ethical rules and too many writing errors are detected the manuscript would be rejected by the Editorial Board.</li><li style="text-align: left;">The typeface of the submited manuscripts should be Times New Roman and font size should be 12-point, except for chapter headings which should be 14-point and footnotes which should be 10-point. Line spacing should be 1.5 pt. The footnotes must be placed at the bottom of the page.</li><li style="text-align: left;">The name(s) of author(s) should be given just beneath the title of the study aligned to the right. Also the affiliation, title, e-mail and phone of the author(s) must be indicated on the bottom of the page as a footnote marked with an asterisk (*).</li><li style="text-align: left;">The manuscripts should contain mainly these components: title, abstract and keywords; extended abstract, sections, footnotes and references.</li><li style="text-align: left;">Before the introduction part, there should be an abstract between 180 and 200 words in Turkish and English and an extended abstract only in English between 600-800 words, summarizing the scope, the purpose, the results of the study and the methodology used. Underneath the abstracts, three keywords that inform the reader about the content of the study should be specified in Turkish and in English.</li><li style="text-align: left;">Research article sections are ordered as follows: “Introduction”, “Aim and Methodology”, “Findings”, “Discussion and Conclusion”, “Endnotes” , “References” and “Tables and Figures”. For review and commentary articles, the article should start with the “Introduction” section where the purpose and the method is mentioned, go on with the other sections; and it should be finished with “Discussion and Conclusion” section followed by “Endnotes”, “References” and “Tables and Figures”.</li><li style="text-align: left;">A bibliography in alphabetical order according to the surname of the author/authors must be placed at the end of the manuscript. Besides, the sources used in the work should be placed within the footnotes or briefly in the text.</li><li style="text-align: left;">If the manuscript includes a table or graphic, raw data must be submitted as a separate Excel file togather with the manuscript Word file. Tables, graphs and figures can be given with a number and a defining title if it is necessary to follow the idea of the article.</li><li style="text-align: left;">Authors are responsible for all statements made in their work submitted to the Journal for publication.</li><li style="text-align: left;">The author(s) can be asked to make some changes in their articles due to peer reviews.</li><li style="text-align: left;">The manuscripts submitted to the journal will not be returned whether they are published or not.</li></ol>

Author Guidelines

<div>Manuscript Submission GuideBefore beginning the online submission process please read the Information for Authors and make sure you have the followings available:Cover letter to the editor<ul type="disc"> <ul type="circle"> <li style="text-align: left;">The category of the manuscript</li> <li style="text-align: left;">Confirming that “the paper is not under consideration for publication in another journal”.</li> <li style="text-align: left;">Including disclosure of any commercial or financial involvement.</li> <li style="text-align: left;">Confirming that the statistical design of the research article is reviewed.</li> <li style="text-align: left;">Confirming that last control for fluent English was done.</li> <li style="text-align: left;">Confirming that journal policies detailed in Information for Authors have been reviewed.</li> <li style="text-align: left;">Confirming that the references cited in the text and listed in the references section are in line with OSCOLA.</li> </ul> </ul><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/19F4A71C8F1746A989A75F46111763A6" target="_blank">Copyright Agreement Form</a>Permission of previous published material if used in the present manuscript<a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/63A8A40BD2D24BC1BE4A2149AD958F68" target="_blank">Title page</a><ul type="disc"> <ul type="circle"> <li style="text-align: left;">The category of the manuscript</li> <li style="text-align: left;">The title of the manuscript both in the languge of the manuscript and in English</li> <li style="text-align: left;">All authors’ names and affiliations (institution, faculty/department, city, country), e-mail addresses</li> <li style="text-align: left;">Corresponding author’s email address, full postal address, telephone and fax number</li> <li style="text-align: left;">ORCIDs of all authors.</li> </ul> </ul>Main Manuscript Document<ul type="disc"> <ul type="circle"> <li style="text-align: left;">The title of the manuscript both in the language of manuscript and in English</li> <li style="text-align: left;">Abstracts (180-200 words) both in the language of manuscript and in English</li> <li style="text-align: left;">Key words: 3 words both in the language of manuscript and in English</li> <li style="text-align: left;">Extended Abstract (600-800 words) in English (for the articles which are not in English)</li> <li style="text-align: left;">Main article sections</li> <li style="text-align: left;">Grant support (if exists)</li> <li style="text-align: left;">Conflict of interest (if exists)</li> <li style="text-align: left;">Acknowledgement (if exists)</li> <li style="text-align: left;">References</li> <li style="text-align: left;">All tables, illustrations (figures) (including title, description, footnotes)</li> </ul> </ul>Manuscript Submission<ul type="disc"> <li style="text-align: left;">DergiPark manuscript submission site of the journal is: <a href="https://dergipark.org.tr/tr/journal/49/submission/step/manuscript/new" target="_blank">https://dergipark.org.tr/tr/journal/49/submission/step/manuscript/new</a></li> <li style="text-align: left;">The manuscript must be submitted through the account of the corresponding author. The account of authors other than the corresponding author or someone else who is not included as an author in the work must not be used for submission. All correspondence regarding the submission is made with the corresponding author through e-mail via the DergiPark system.</li> <li style="text-align: left;">While uploading Main Document, make sure that the main document has no information that clarify the author’s identity. Due to double blind peer review, Main Document must not include Title Page, the name of author or any other detail that can disclose the author identity. </li> </ul><ul type="disc"> </ul>Files to be uploaded separately<ul type="disc"> <li style="text-align: left;">Copyright Agreement Form</li> <li style="text-align: left;">Permissions obtained for previously published material if used in the present manuscript</li> <li style="text-align: left;">Title page</li> <li style="text-align: left;">Main Manuscript Document</li> </ul><ul type="disc"> <ul type="circle"> <li style="text-align: left;">The title of the manuscript both in the language of manuscript and in English</li> <li style="text-align: left;">Abstracts (180-200 words) both in the language of manuscript and in English</li> <li style="text-align: left;">Key words: 3 words both in the language of manuscript and in English</li> <li style="text-align: left;">Extended Abstract (600-800 words) in English (for the articles which are not in English)</li> <li style="text-align: left;">Main article sections</li> <li style="text-align: left;">Grant support (if exists)</li> <li style="text-align: left;">Conflict of interest (if exists)</li> <li style="text-align: left;">Acknowledgement (if exists)</li> <li style="text-align: left;">References</li> <li style="text-align: left;">All tables, illustrations (figures) (including title, description, footnotes)</li></ul></ul><ul type="disc"> </ul></div>

<a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/19F4A71C8F1746A989A75F46111763A6" target="_blank">Copyright Agreement Form</a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A88EB8B9731B438891352413411FB708" target="_blank">Title page</a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/7DF8D5C4E6AC44E2BE185FADD62BFE2E" target="_blank">Author Form</a>

<div>Ensure that the following items are present:●    Cover letter to the editor•    The category of the manuscript•    Confirming that “the paper is not under consideration for publication in another journal”.•    Including disclosure of any commercial or financial involvement.•    Confirming that last control for fluent English was done.•    Confirming that journal policies detailed in Information for Authors have been reviewed.•    Confirming that the references cited in the text and listed in the references section are in line with ORCOLA or APA6.●    <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/19F4A71C8F1746A989A75F46111763A6" target="_blank">Copyright Agreement Form</a>●    Permission of previous published material if used in the present manuscript●    <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/242CCBF87DC24DCC99A7F358A7628055" target="_blank">Title page</a>•    The category of the manuscript•    The title of the manuscript both in the language of article and in English•    All authors’ names and affiliations (institution, faculty/department, city, country),e-mail addresses•    Corresponding author’s email address, full postal address, telephone and fax number•    ORCIDs of all authors..●    Main manuscript document•    The title of the manuscript both in the language of article and in English•    Abstracts (180-200 words) both in the language of article and in English•    Key words: 3 words both in the language of article and in English•    Extended Abstract (600-800 words) in English for the articles which are not in English•    Body text•    Grant Support (if exists)•    Conflict of interest (if exists)•    Acknowledgement (if exists)•    References•    All tables, illustrations (figures) (including title, description, footnotes) </div>

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“Serious Crime” in Terms of the Withdrawal of the Donation

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