Ceza Hukuku ve Kriminoloji Dergisi

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 BOAI 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 (CC BY-NC 4.0) license.

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Authors publishing with the journal retain the copyright to their work licensed under the Creative Commons Attribution-NonCommercial 4.0 International license (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/  ) 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 COPE and ICJME are taken into consideration regarding correction, retractions or expression of concern.

Retraction

Journal follows COPE’s Retraction Guidelines in case of retraction.

The editor has the right to retract an article if:

• 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).
• It contains plagiarised content.
• It has been published elsewhere without proper attribution.
• It contains material or data without authorisation for use.
• There is copyright infringement or there is some other serious legal issue.
• It reports unethical research.
• There is evidence that the peer-review process is compromised or manipulated.
• 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.

In case of retraction the following steps are followed:

• 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.
• A link is provided between the retraction notice and the original article in the electronic version.
• The online article is preceded by a page containing the retraction notice; the reader can then proceed to the article itself.
• The original article remains unchanged, except for a watermark on the .pdf on each page stating that it has been "retracted”.

Article Removal for Legal Reasons

In 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.

• 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.
• The article has been, or is reasonably likely to be the subject of a court order.
• There is a significant risk to public health.

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 (https://www.openarchives.org/). 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) 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 Copyright Agreement Form.

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.

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.

Although references to review articles can be an efficient way to guide readers to a body of literature, review articles do not always reflect original work accurately. Readers should therefore be provided with direct references to original research sources whenever possible. On the other hand, extensive lists of references to original work on a topic can use excessive space on the printed page. Small numbers of references to key original papers often serve as well as more exhaustive lists, particularly since references can now be added to the electronic version of published papers, and since electronic literature searching allows readers to retrieve published literature efficiently. Papers accepted but not yet included in the issue are published online in the Early View section and they should be cited as “advance online publication”. Citing a “personal communication” should be avoided unless it provides essential information not available from a public source, in which case the name of the person and date of communication should be cited in parentheses in the text. For scientific articles, written permission and confirmation of accuracy from the source of a personal communication must be obtained.

Reference Style and Format

Journal of Penal Law and Criminology offers two options of referencing style. Authors could use either OSCOLA or APA 6. OSCOLA (Oxford Standard for the Citation of Legal Authorities) is published by the University of Oxford and detail and examples about the style can be found at https://www.law.ox.ac.uk/research-subject-groups/publications/oscola

Detail about the American Psychological Association’s APA 6 can be found at

http://www.apastyle.org

APA6 Reference Examples

Citations in the Text

Citations must be indicated with the author surname and publication year within the parenthesis.

If more than one citation is made within the same paranthesis, separate them with (;).

Samples:

More than one citation;

(Esin et al., 2002; Karasar, 1995)

Citation with one author;

(Akyolcu, 2007)

Citation with two authors;

(Sayıner & Demirci, 2007)

Citation with three, four, five authors;

First citation in the text: (Ailen, Ciambrune, & Welch, 2000) Subsequent citations in the text: (Ailen et al., 2000)

Citations with more than six authors;

(Çavdar et al., 2003)

Citations in the Reference

All the citations done in the text should be listed in the References section in alphabetical order of author surname without numbering. Below given examples should be considered in citing the references.

Basic Reference Types

Book

a) Turkish Book

Karasar, N. (1995). Araştırmalarda rapor hazırlama (8^th ed.) [Preparing research reports]. Ankara, Turkey: 3A Eğitim Danışmanlık Ltd.

b) Book Translated into Turkish

Mucchielli, A. (1991). Zihniyetler [Mindsets] (A. Kotil, Trans.). İstanbul, Turkey: İletişim Yayınları.

c) Edited Book

Ören, T., Üney, T., & Çölkesen, R. (Eds.). (2006). Türkiye bilişim ansiklopedisi [Turkish Encyclopedia of Informatics]. İstanbul, Turkey: Papatya Yayıncılık.

d) Turkish Book with Multiple Authors

Tonta, Y., Bitirim, Y., & Sever, H. (2002). Türkçe arama motorlarında performans değerlendirme [Performance evaluation in Turkish search engines]. Ankara, Turkey: Total Bilişim.

e) Book in English

Kamien R., & Kamien A. (2014). Music: An appreciation. New York, NY: McGraw-Hill Education.

f) Chapter in an Edited Book

Bassett, C. (2006). Cultural studies and new media. In G. Hall & C. Birchall (Eds.), New cultural studies: Adventures in theory (pp. 220–237). Edinburgh, UK: Edinburgh University Press.

g) Chapter in an Edited Book in Turkish

Erkmen, T. (2012). Örgüt kültürü: Fonksiyonları, öğeleri, işletme yönetimi ve liderlikteki önemi [Organization culture: Its functions, elements and importance in leadership and business management]. In M. Zencirkıran (Ed.), Örgüt sosyolojisi [Organization sociology] (pp. 233–263). Bursa, Turkey: Dora Basım Yayın.

h) Book with the same organization as author and publisher

American Psychological Association. (2009). Publication manual of the American psychological association (6^th ed.). Washington, DC: Author.

Article

a) Turkish Article

Mutlu, B., & Savaşer, S. (2007). Çocuğu ameliyat sonrası yoğun bakımda olan ebeveynlerde stres nedenleri ve azaltma girişimleri [Source and intervention reduction of stress for parents whose children are in intensive care unit after surgery]. Istanbul University Florence Nightingale Journal of Nursing, 15(60), 179–182.

b) English Article

de Cillia, R., Reisigl, M., & Wodak, R. (1999). The discursive construction of national identity. Discourse and Society, 10(2), 149–173. http://dx.doi.org/10.1177/ 0957926599010002002

c) Journal Article with DOI and More Than Seven Authors

Lal, H., Cunningham, A. L., Godeaux, O., Chlibek, R., Diez-Domingo, J., Hwang, S.-J. ... Heineman, T. C. (2015). Efficacy of an adjuvanted herpes zoster subunit vaccine in older adults. New England Journal of Medicine, 372, 2087–2096. http://dx.doi.org/10.1056/NEJMoa1501184

d) Journal Article from Web, without DOI

Sidani, S. (2003). Enhancing the evaluation of nursing care effectiveness. Canadian Journal of Nursing Research, 35(3), 26-38. Retrieved from http://cjnr.mcgill.ca

e) Journal Article wih DOI

Turner, S. J. (2010). Website statistics 2.0: Using Google Analytics to measure library website effectiveness. Technical Services Quarterly, 27, 261–278. http://dx.doi.org/ 10.1080/07317131003765910

f) Advance Online Publication

Smith, J. A. (2010). Citing advance online publication: A review. Journal of Psychology. Advance online publication. http://dx.doi.org/ 10.1037/a45d7867

g) Article in a Magazine

Henry, W. A., III. (1990, April 9). Making the grade in today’s schools. Time, 135, 28–31.

Doctoral Dissertation, Master’s Thesis, Presentation, Proceeding

a) Dissertation/Thesis from a Commercial Database

Van Brunt, D. (1997). Networked consumer health information systems (Doctoral dissertation). Available from ProQuest Dissertations and Theses database. (UMI No. 9943436)

b) Dissertation/Thesis from an Institutional Database

Yaylalı-Yıldız, B. (2014). University campuses as places of potential publicness: Exploring the politicals, social and cultural practices in Ege University (Doctoral dissertation). Retrieved from Retrieved from: http://library.iyte.edu.tr/tr/hizli-erisim/iyte-tez-portali

c) Dissertation/Thesis from Web

Tonta, Y. A. (1992). An analysis of search failures in online library catalogs (Doctoral dissertation, University of California, Berkeley). Retrieved from http://yunus.hacettepe.edu.tr/~tonta/yayinlar /phd/ickapak.html

d) Dissertation/Thesis abstracted in Dissertations Abstracts International

Appelbaum, L. G. (2005). Three studies of human information processing: Texture amplifica­tion, motion representation, and figure-ground segregation. Dissertation Abstracts International: Section B. Sciences and Engineering, 65(10), 5428.

e) Symposium Contribution

Krinsky-McHale, S. J., Zigman, W. B., & Silverman, W. (2012, August). Are neuropsychiatric symptoms markers of prodromal Alzheimer’s disease in adults with Down syndrome? In W. B. Zigman (Chair), Predictors of mild cognitive impairment, dementia, and mortality in adults with Down syndrome. Symposium conducted at the meeting of the American Psychological Association, Orlando, FL.

f) Conference Paper Abstract Retrieved Online

Liu, S. (2005, May). Defending against business crises with the help of intelligent agent based early warning solutions. Paper presented at the Seventh International Conference on Enterprise Information Systems, Miami, FL. Abstract retrieved from http://www.iceis.org/iceis2005/abstracts_2005.htm

g) Conference Paper - In Regularly Published Proceedings and Retrieved Online

Herculano-Houzel, S., Collins, C. E., Wong, P., Kaas, J. H., & Lent, R. (2008). The basic nonuniformity of the cerebral cortex. Proceedings of the National Academy of Sciences, 105, 12593–12598. http://dx.doi.org/10.1073/pnas.0805417105

h) Proceeding in Book Form

Parsons, O. A., Pryzwansky, W. B., Weinstein, D. J., & Wiens, A. N. (1995). Taxonomy for psychology. In J. N. Reich, H. Sands, & A. N. Wiens (Eds.), Education and training beyond the doctoral degree: Proceedings of the American Psychological Association National Conference on Postdoctoral Education and Training in Psychology (pp. 45–50). Washington, DC: American Psychological Association.

i) Paper Presentation

Nguyen, C. A. (2012, August). Humor and deception in advertising: When laughter may not be the best medicine. Paper presented at the meeting of the American Psychological Association, Orlando, FL.

Other Sources

a) Newspaper Article

Browne, R. (2010, March 21). This brainless patient is no dummy. Sydney Morning Herald, 45.

b) Newspaper Article with no Author

New drug appears to sharply cut risk of death from heart failure.(1993, July 15). The Washington Post, p. A12.

c) Web Page/Blog Post

Bordwell, D. (2013, June 18). David Koepp: Making the world movie-sized [Web log post]. Retrieved from http://www.davidbordwell.net/blog/page/27/

d) Online Encyclopedia/Dictionary

Ignition. (1989). In Oxford English online dictionary (2^nd ed.). Retrieved from http://dictionary.oed.com

Marcoux, A. (2008). Business ethics. In E. N. Zalta (Ed.). The Stanford encyclopedia of philosophy. Retrieved from http://plato.stanford.edu/entries/ethics-business/

OSCOLA Reference Examples

Primary Sources

Do not use full stops in abbreviations. Separate citations with a semi-colon.

Cases

Give the party names, followed by the neutral citation, followed by the Law Reports citation (eg AC, Ch, QB). If there is no neutral citation, give the Law Reports citation followed by the court in brackets. If the case is not reported in the Law Reports, cite the All ER or the WLR, or failing that a specialist report.

Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884.

R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410.

Page v Smith [1996] AC 155 (HL).

When pinpointing, give paragraph numbers in square brackets at the end of the citation. If the judgment has no paragraph numbers, provide the page number pinpoint after the court.

Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45].

Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37].

R v Leeds County Court, ex p Morris [1990] QB 523 (QB) 530–31.

If citing a particular judge:

Arscott v The Coal Authority [2004] EWCA Civ 892, [2005] Env LR 6 [27] (Laws LJ).

Statutes and statutory instruments

Act of Supremacy 1558.

Human Rights Act 1998, s 15(1)(b).

Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI

2004/3166.

EU legislation and cases

Consolidated Version of the Treaty on European Union [2008] OJ C115/13.

Council Regulation (EC) 139/2004 on the control of concentrations between undertakings

(EC Merger Regulation) [2004] OJ L24/1, art 5.

Case C–176/03 Commission v Council [2005] ECR I–7879, paras 47–48.

European Court of Human Rights

Omojudi v UK (2009) 51 EHRR 10.

Osman v UK ECHR 1998–VIII 3124.

Balogh v Hungary App no 47940/99 (ECHR, 20 July 2004).

Simpson v UK (1989) 64 DR 188.

Secondary Sources

Books

Give the author’s name in the same form as in the publication, except in bibliographies, where you should give only the surname followed by the initial(s). Give relevant information about editions, translators and so forth before the publisher, and give page numbers at the end of the citation, after the brackets.

Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268.

Gareth Jones, Goff and Jones: The Law of Restitution (1st supp, 7th edn, Sweet &

Maxwell 2009).

K Zweigert and H Kötz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn,

OUP 1998).

Contributions to edited books

Francis Rose, ‘The Evolution of the Species’ in Andrew Burrows and Alan Rodger (eds),

Mapping the Law: Essays in Memory of Peter Birks (OUP 2006).

Encyclopedias

Halsbury’s Laws (5th edn, 2010) vol 57, para 53.

Journal articles

Paul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440.

When pinpointing, put a comma between the first page of the article and the page pinpoint.

JAG Griffith, ‘The Common Law and the Political Constitution’(2001) 117 LQR 42, 64.

Online journals

Graham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010)

1(1) EJLT < http://ejlt.org//article/view/17 > accessed 27 July 2010.

Command papers and Law Commission reports

Department for International Development, Eliminating World Poverty: Building our

Common Future (White Paper, Cm 7656, 2009) ch 5.

Law Commission, Reforming Bribery (Law Com No 313, 2008) paras 3.12–3.17.

Websites and blogs

Sarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)

<www.nakedlaw.com/2009/05/index.html> accessed 19 November 2009.

Newspaper articles

Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3.

Copyright Agreement Form

Title page

Author Form