Cüneyt

Prof.

Deniz

Res. Assist.

The International Court of Justice (ICJ), the main judicial body of the United Nations (UN), has contributed significantly to the protection of human rights in its efforts to build up the rule of law on a global scale. Although the ICJ is founded upon a state-centric approach, it has also directly dealt with issues on the rights and interests of individuals in many cases brought before it.&nbsp;It could be claimed that in the 21st century, the ICJ has begun to endorse a more active approach in the protection of individual rights within the framework of international law. This tendency is apparent in the judgments made in a series of cases since the early 2000s on the protection of certain consular rights stipulated in Article 36 of the Vienna Convention on Consular Relations (VCCR). These rights are greatly important in the protection of the individual’s right to a fair trial within the framework of international law. These judgments are, in chronological order, LaGrand, Avena and Others, and Jadhav, the latest one of which was published in 2019 and is one of the most recent judgments of the ICJ. In these cases, the ICJ has adopted an increasingly evolving approach in the active protection of individual rights.&nbsp;The LaGrand case, published in 2001, was filed by Germany against the United States, claiming that the two German nationals involved were not allowed to avail of the rights they were entitled to under Article 36 of the VCCR. They were sentenced to death by a U.S. court in 1984 after being found guilty of participation in a robbery. The German authorities were not notified about the case until 1992; thus, could only intervene in the case eight years after the sentence had been delivered. It was also only revealed at this late stage that both German nationals were not duly notified of their rights under Article 36 of the VCCR. Nevertheless, the renewed objections raised in the U.S. courts were rejected, and the death sentences were not overturned. Thus, Germany brought the United States’ supposed violation of Article 36 of VCCR before the ICJ. The ICJ found that the United States violated Article 36 of VCCR. In fact, the United States admitted to the violation but disputed Germany’s assertions on the breadth of the scope of the relevant remedies. The ICJ decided that the United States should take all the necessary measures to ensure that the death sentence imposed would be considered and reviewed effectively. In this case, the ICJ also made a crucial interpretation by recognizing that international treaties generate exclusive individual rights distinct from those of their states of nationality, while not finding it necessary to assess Germany’s claims that the individual rights stipulated in the VCCR should also be considered as human rights.&nbsp;&nbsp;In the Avena and Others Judgment, dated 2004, the United States was again the defendant, while the plaintiff this time was Mexico. The case involved 54 Mexican nationals who were arrested, tried, and sentenced to death by U.S. courts. Mexico claimed that its nationals were deprived of their consular rights arising from Article 36 of the VCCR. Once again, the ICJ found that the United States violated the VCCR.&nbsp;The Jadhav Judgment is the third judgment regarding violations of Article 36 of the VCCR. The case concerned an Indian national who was arrested by Pakistani security officials and tried and sentenced to death by a Pakistani military court. Thereupon, India applied for institution of proceedings with the ICJ for violations by Pakistan of various international law rules, primarily Article 36 of the VCCR. In this case, the arguments submitted by the parties and the chain of events leading to the dispute differed greatly to the two previous cases. However, the judgment was similar, with the ICJ once again finding the defendant responsible for violations of the consular rights granted by the VCCR. The main innovation in the Jadhav Judgment was relative to the remedies. Going beyond the remedies provided in the previous cases, the ICJ decided that the responsible state should not only take all the necessary measures to ensure that its death penalty decision will be considered and reviewed but also make changes in its national laws, if necessary. It was also noteworthy that in the Jadhav Judgment, the ICJ made some connections between Article 14 of the UN Convention on Civil and Political Rights—stipulating the individual’s right to fair trial—and Article 36 of VCCR.

International Court of Justice Judgments on the Protection of  Individual Rights in the Context of Diplomatic and Consular Rights

Meral

Assist. Prof.

As a result of the endangerment of the environment due to accelerated technological and economic developments, the environment has come to the fore in the law system. There are many regulations on the environment and its protection both in international law and Turkish law. However, considering the protection of the environment within the scope of criminal law has been increasingly seen in the recent past.Environmental law―violations for which were previously sanctioned under administrative regulations―has expanded into criminal law over time and has taken a place in the doctrine and practice as environmental criminal law. The inadequacy of alternative solutions in the struggle against environmental law violations has resulted in most legal systems turning toward criminal law. The protection of the environment within the scope of criminal law, which started to gain more importance in the 1970s–1980s, also affects the Turkish Penal Code No. 5237.Criminal law intervention in violations against the environment is the subject of different discussions. One of these is the function of administrative regulations in the punishment of violations of environmental protection. Environmental values are not directly protected through criminal law, as not all acts of violating environmental values result in criminal responsibility. The subject matter makes sense within the scope of the administrative dependence of environmental criminal law. This duality, the administrative and criminal aspects of environmental law, constitutes the main framework of this paper.In the field of environmental protection, where administrative law and criminal law are closely related, the effectiveness of both branches of law should be taken into account. Particularly considering the claims that the function of criminal law in environmental protection should be reduced or even abolished, environmental offenses should be examined within the scope of the protected legal value, the relationship of environmental violations with human life and health, and the ultima ratio (last resort) principle of criminal law. Criminal law mostly functions in support of the administrative management of the environment. Administrative law specifies the obligations that individuals and companies must comply with in the context of environmental law, and criminal law accepts that violators of the provisions of administrative law on environmental protection will be punished with certain sanctions. Although the legal protection of the environment has been largely-and for a long time-shaped by administrative regulations, the importance of criminal law should not be ignored.&nbsp;Moreover, the structural feature of environmental offenses that distinguishes them from traditional offenses is that they are mainly considered within the scope of endangerment offenses. In endangerment offenses, it is not necessary that harm is caused as a result of the act. Committing the typical act in abstract endangerment offenses is sufficient to constitute the offense. In concrete endangerment offenses, it is necessary to have a dangerousness that is suitable for causing harm. The difficulty of proving environmental offenses has become one of the major factors in the increase in the number of endangerment offenses committed.The degree of administrative dependence also varies by the way environmental offenses are regulated. The distinction of environmental offenses into abstract–concrete endangerment offenses is decisive in terms of the scope of administrative dependence. The fact that environmental offenses are subject to the rules of administrative law is important both qualitatively and functionally. The qualitative meaning is based on the degree of administrative dependence in environmental offenses. Functionally, the judge has to take into account the administrative law requirements during the trial phase. Thus, this paper will deal with not only the theoretical dimension but also the practical dimension, provided that it is limited. The forms in which administrative dependence appears are also important in environmental offenses. The administrative dependence of environmental laws appears in different forms. In this context, conceptual dependence, dependence on administrative law, and dependence on administrative action come to the fore. Particularly, dependence on administrative action is important because it is related to issues that cause problems in environmental criminal law. This subject is examined together with the principle of certainty.&nbsp;&nbsp;

Administrative Dependence of Environmental Criminal Law

Eylem

As an aggravating factor arising from the instrument used in the crime, the commission of the offense of intentional injury with a weapon is regulated in subparagraph (e) of the 3rd paragraph of Article 86 of the Turkish Penal Code numbered 5237 (TCK). It is undisputed that the offense of intentional injury with a weapon should be punished effectively. However, in this case, the trial of the crime is carried out ex officio. In this context, what should legally be understood as the weapon is essential.It can be seen that the concept of weapon is defined in paragraph (f) of Article 6 of the TCK, which is titled “Definitions..” According to this paragraph, “[i]n the implementation of the criminal law the term of a weapon shall have the following meaning”: “a firearm”; “an explosive”; “all instruments produced for the purpose of [defense] or attack [that] are capable of cutting, piercing[,] or injuring”; “any instrument, not having been specifically manufactured for the purpose of attack or [defense], which may be used for such purpose”; and “a nuclear, radioactive, chemical[,] or biological substance [that] has burning, corrosive, harmful, suffocating[,] or toxic properties or is capable of causing permanent illness..” Although it is stated in the preamble of this study that the concept of “weapon” is defined such that it need not be explained separately, it should be noted that the aforementioned determination is not valid, particularly in terms of subparagraph 4 of paragraph (f) of Article 6. This is because, even if the offense of intentional injury is committed with instruments that are considered weapons within the scope of subparagraph 4, there is no uniform understanding regarding these instruments in the punishment phase. This situation can lead to unjust results, such as different punishments for different perpetrators who commit the offense of intentional injury using the same means.In this study, the concept of “weapon,” which includes the reference in the 4th subparagraph, will be examined first. While making this examination, article 189 of the Turkish Penal Code numbered 765 (ETCK), which constitutes the basis of the complex expression in the 4th subparagraph of (f) subparagraph of the 6th article of the TCK, will also be emphasized. Subsequently, an evaluation will be performed on the cases in which the instrument used in the crime of intentional injury should be included in the scope of “any instrument, not having been specifically manufactured for attack or [defense], which may be used for such purpose.”&nbsp;Furthermore, the present study will explore whether animals, parts of the human body, or immovable objects are included in this context as well as the particular issues that can arise if the instrument used in the crime of intentional injury during the trial cannot be seized. Moreover, the relationship of the 4th subparagraph with the 3rd subparagraph will be highlighted due to the problems that it causes in practice regarding the crime of willful injury. In addition, what should be understood from the 4th subparagraph will be considered. Thus, the issue of whether the offense of intentional injury is committed with “all instruments produced for defense or attack [that] are capable of cutting, piercing[,] or injuring” or “any instrument, not having been specifically manufactured for attack or defense, which may be used for such purpose” will be addressed. All the aforementioned issues will be examined with a careful consideration of the approach of doctrine and practice. As a result, the necessity of abolishing the 4th subparagraph and using another expression with the amendment to be made in article 6 or the subparagraph (e) of the 3rd paragraph of article 86 of the TCK will be emphasized.&nbsp;&nbsp;

Committing the Offense of Intentional Injury with “Any Instrument,  Not Having Been Specifically Manufactured for the Purpose of  Attack or Defense, Which May Be Used for Such Purpose” and is  Accepted as a Weapon

Berrin

The decision on obviating investigations (CPC Art. 158/6) was first added to Turkish law through Article 145 of Decree Law No. 694 dated August 15, 2017 and enacted through Article 140 of Law No. 7078 dated February 1, 2018. In fact, even if this regulation had not been enacted, prosecutors would be required to consider any denunciation or complaint insufficient for launching an investigation in the absence of a situation providing the impression of a crime having been committed within the framework of the right to a good reputation, the principle of a fair trial, and the provision of individuals’ legal security in accordance with Article 160/1 of the CPC. However, the high number of decisions on obviating investigations in practice showed that this procedure was not always followed. Naming a person as a suspect and taking protective measures against them have been prevented due to DOOI accepting that investigations cannot be launched regarding abstract, general, or non-criminal denunciations and complaints. Initiating an investigation, naming a person as a suspect, and taking certain actions against said person in the absence of simple suspicion or the fact that an act does not constitute a crime violates the right to a good reputation and the person’s presumption of innocence. The legislator enacted the said regulation in order to eliminate these drawbacks.As per the regulation in Article 158/6 of the CPC, a preliminary evaluation phase is brought to the investigation phase. At this stage, the public prosecutor must evaluate whether the denunciation or complaint constitutes a crime and whether it has a general and abstract nature and then decide whether to launch an investigation as a result of the evaluation.As per Article 158/6 of the CPC, the regulation has been made that the decision not to carry out an investigation shall be notified to the denouncer or the complainant, if any, who may then appeal to the Criminal Court of Peace in the jurisdiction where the High Criminal Court is located and where public prosecutor who made the decision in accordance with the procedure in Article 173 holds office. In order to prevent the arbitrary behavior of public prosecutors, the denouncer or the complainant has been given the right to object to the DOOI. After the decision is made in favor of obviating an investigation and whether the decision is objected to (Article 173/4, 6) or not (Article 158/6), no statement is found in Article 158/6 of the CPC to clarify the conditions under which an investigation may be relaunched in relation to an act that has been the subject of a denunciation and/or complaint. Article 158/6 of the CPC also contains no&nbsp;regulation regarding notification of the person about whom a denunciation or complaint has been made or regarding the authority to access the records kept, to request their deletion and correction, or to be informed of this judicial process in case the decision is appealed.Article 158/6 of the CPC also regulates that the actions taken and decisions made are to be recorded in a system specifically for this, with the stipulation that these records may only be viewed by the public prosecutor, judge, or court. The registration system as regulated by Article 158/6 of the CPC will play an important role in preventing different prosecutors from making the same or different decisions in cases where the same denunciation or complaint is made repeatedly to the system.Article 158/6 of the CPC is a regulation that has been introduced to prevent investigations regarding each denunciation and complaint and to protect individuals’ right to a good reputation; however, this provision also has problems because the regulation allows records to be kept of each crime with no distinction being made regarding the nature of the crimes. In addition, registrations can be made in this system specific to the regulation for general and abstract denunciations, as well as for denunciations and complaints made due to acts that do not clearly constitute a crime or an act that has not occurred. Such an arrangement contradicts the protection of personal data and the right to a good reputation. The regulation also does not specify how long these records will be kept. Keeping records in the system indefinitely, even when only a limited number of people can view them, is contrary to the rights to a good reputation and protection of personal data. A time limit should be introduced, and at the very least a determination should be made in this regard based on the statute of limitations.&nbsp;&nbsp;

The Decision on Obviating Investigations (CPC Art. 158/6)

Emine

Assoc. Prof.

Online Solicitation of Children for Sexual  Purposes (Cyber Grooming) From the Turkish  Legal Perspective

Hazal

Article 419 of TCPC No. 765 defines the punishment for those guilty of the crime of indecent acts as follows: “The punishment for those who act indecently in public shall be imprisonment from fifteen days to two months and for those who have sexual intercourse in this way shall be imprisonment from six months to one year.” With the regulation in Article 225 of TCPC No. 5237, the type of crime and punishment was changed as follows: “A person who engages in sexual intercourse in public or who exposes themself in public shall be sentenced to a penalty of imprisonment for a term of six months to one year.” With this amendment, the crime was limited to acts of publicly engaging in sexual intercourse and public exhibitionism, and the difference between these said acts regarding punishment was abolished.Although the crime of indecent acts does not constitute a physical attack against its victims, their moral values are damaged, and such acts cause psychological shocks that under certain conditions will put people at a disadvantage, even physically. For this reason, in my opinion, the legal value protected by this crime is believed to be the rights to develop one’s spiritual existence and to live in a healthy environment.Although the crime of indecent acts does not constitute a physical attack against its victims, their moral values are damaged, and such acts cause psychological shocks that under certain conditions will put people at a disadvantage, even physically. For this reason, in my opinion, the legal value protected by this crime is believed to be the rights to develop one’s spiritual existence and to live in a healthy environment.Regarding legal types, the elective acts of this crime are sexual intercourse and exhibitionism. In my opinion, sexual intercourse may be defined as any kind of sexual act that results in ejaculation and involves interpersonal contact, regardless of the genders of the parties. Within the framework of this definition of sexual intercourse, a reciprocity is sought with both parties having to consent in order to talk about a sexual relationship. The acts constituting exhibitionism are also not listed per item in the law, and the acts that violate the legal value protected by crime should be evaluated and determined for each concrete case. For the crime to occur, the acts must be done publicly, with publicly being understood to mean that the act can be visible to one or more persons who are not involved at the time the act is performed.The subjective element of crime is intent. Committing this crime is possible with probable intent. In terms of the crime of indecent acts, a separate purpose or motive is not foreseen in the legal definition of the crime. Although the doctrine states that the crime of indecent acts does not occur when a person performs the acts with no sexual motive, making such an assessment is impossible due to the perpetrator’s motivation being a separate subjective element; in other words, their purpose apart from intent is not included in the crime type. Performing the act deliberately is sufficient to show the perpetrator’s guilt, while performing this act for a purpose is not necessary to show guilt.The use of freedom of expression and dissemination of thought or the execution of these types of acts that constitute the crime of indecent acts within the limits of the use of the right in the context of the freedom of science and art do not constitute a violation of the law.Exhibitionism is defined in the science of psychiatry as a state of sexual disorder that should be considered within the scope of mental illnesses, and a conclusion should be reached according to its effect on the ability to be at fault by evaluating it within the scope of Article 32 of the TCPC.In terms of the act of having legal public sexual intercourse, the crime of indecent acts is a crime with multiple perpetrators. The act of exhibitionism, which is legally envisaged as another optional act of this crime, should be noted as only being able to be committed through the perpetrator’s own bodily behavior, and so the crime is one that can be committed in person.In terms of the aggregation of crimes, although the doctrine should be noted to state that the crime of indecent acts also occurs when the act of sexual abuse or sexual assault is committed publicly, it also states that information gathering should be applied. In this case, only that which qualifies as sexual abuse or as sexual assault will be mentioned.&nbsp;&nbsp;

Indecent Acts (TPC Art. No. 225)

Adem

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

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

@JOURNAL_BOX_CURRENT

@JOURNAL_BOX_EARLYVIEW

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

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

@JOURNAL_BOX_FEATURED

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

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

@METRIC_VOLUMES

@METRIC_ISSUES

@METRIC_ARTICLES

@METRIC_OPENACCESS

Journal of Penal Law and Criminology

@INFO_TAB_ABOUT

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> </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.

Policies

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.

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>

Issue Type	Regular
Editor(s)	Adem Sözüer
Cover (PDF)
Full Text (PDF)
Front Pages (PDF)

Journal of Penal Law and Criminology

VOLUME 10, ISSUE 1, 2022

International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights

Administrative Dependence of Environmental Criminal Law

Committing the Offense of Intentional Injury with “Any Instrument, Not Having Been Specifically Manufactured for the Purpose of Attack or Defense, Which May Be Used for Such Purpose” and is Accepted as a Weapon

The Decision on Obviating Investigations (CPC Art. 158/6)

Online Solicitation of Children for Sexual Purposes (Cyber Grooming) From the Turkish Legal Perspective

Indecent Acts (TPC Art. No. 225)

INFORMATION

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