Saadet

New Technologies through a Human Rights  Lens: Reflecting on Personal Autonomy and  Non-Discrimination

Barış

Assoc. Prof.

Article 4 of Protocol No. 7 (P7-4) of the European Convention on Human Rights (ECHR), to which Turkey became a party in 2016, is interpreted by the European Court of Human Rights (ECHR) within the framework of the ne bis in idem rule. In this context, jurisprudence dictates that tax and criminal court proceedings dealing with the same issue should be “sufficiently close in substance and in time.” This approach, which emerged with the Glantz and Nykänen judgments in 2014, was applied by expanding its scope in the Kristjansson judgment in 2021. Even though the jurisprudence of the ECtHR does not proceed in a straight line, according to the established part, there is a requirement of the connection in terms of substance. As explained in the Nykänen and Glantz rulings with regard to both proceedings, the State Parties should avoid repetition in evaluating the facts of the case. This approach became more concrete in the A and B ruling, the Court concluded that in order to establish a connection in substance, evidence collected in one of the tax or penalty sets must also be taken into account in the other set. As can be seen from other rulings since the Johanesson ruling, the duplication of collection and evaluation of evidence leads to a breach of the P7-4. Moreover, the prolonged trial period due to this disconnection also leads to the problem of connection in terms of “time” because recollecting the same evidence in the second trial involves a duplication of work in terms of the trial as well as unnecessarily prolonging the process for the prosecuted. Therefore, in order to pass the connection test in terms of “substance” and “time,” eliminating the practices that lead to duplication is important, and the intertrial interaction method should be used for this.Apart from this procedure, no other legal regulation exists in Turkish law on ensuring the interactions between tax and criminal courts. Moreover, both courts collect evidence separately and conduct a deliberate examination of the same act. Clearly this situation is incompatible with the case-law of the ECtHR. In this respect, the study offers a possible solution to the problem with no need for a new regulation. In this context, acts subject to tax crimes in Turkish Law should be classified under two types, and the roles of the tax and criminal courts should be determined according to the nature of the act.Due to the crimes regulated in Article 359 of Turkish Tax Proceedings Law (VUK) being far removed from forming a systematic whole, acting in accordance with the characteristics of these crimes would be more appropriate than following a single&nbsp;procedure for all the crimes in the article. Therefore, such crimes can be divided into two types with regard to the intent to be investigated: Those that do and those that do not require knowledge of tax techniques. With its knowledge of tax techniques, the tax court is more competent regarding proceedings of the first type, such as forgery and accounting fraud, whether committed intentionally or not. The criminal court, on the other hand, has competences unavailable to the tax court with regard to finding the perpetrator of crimes that are understood to have been committed intentionally on behalf of a legal entity or person. In this context, no contradiction or connection problem occurs between the tax court’s failure to annul the triple tax loss penalty for issuing false documents on behalf of the legal person or entity on the grounds of intent regarding the incident nor with the acquittal of the legal person’s legal representative on the grounds that that person is not the perpetrator.Meanwhile, no special knowledge of tax techniques would be required during proceedings for the second type of crimes, such as concealment or invoices created without an agreement with the Ministry of Finance, and therefore the criminal court does not need to wait for the tax court’s ruling. On the contrary, the results from the criminal court should be made available to the tax court. This dual solution can be achieved by the case-law to be formed by the Turkish High Courts. Therefore, this interaction problem can be solved without the need for a new law to be made.&nbsp;&nbsp;

The Question of Interaction between Tax and Criminal Proceedings in  Turkiye in Terms of ECtHR Jurisprudence

Cüneyt

Prof.

Climate change emerges as a global problem directly affecting daily life, and its negative consequences will inevitably result in a deterioration of human rights. This reality has led to many attempts that rely on the current human rights mechanisms for coping with the climate crisis, and the relationship between climate change and human rights is becoming more intense with each passing day. Indeed, such mechanisms require states not only to refrain from violating human rights but also to protect these rights by fulfilling their positive obligations. This tripartite research aims to analyze how the relevant international institutions observe the link between climate change and human rights.The first part of this article draws a general outline of climate change from a human rights-oriented perspective. Climate change is actually expected to worsen the enjoyment of various human rights such as the rights to life, to property, to health, and to food. Human rights lawyers argue that states have certain positive obligations such as taking the necessary measures to adapt to the consequences of climate change in addition to refraining from actions that may increase the effects of climate change. Even though confirming this idea is possible at first glance, this progressive approach still has much to enlighten. Balancing competing rights is also a matter that needs to be resolved, because taking preventive measures against climate change in order to protect human rights on its own may also imply limitations on certain human rights. Moreover, due to climate change being a problem without boundaries, the question of how to allocate responsibility for these measures in order to promote human rights also requires attention.The second part of this article focuses on the responses the European Council has shown toward climate change’s actual and potential negative consequences regarding human rights. In this context, the article examines the respective approaches of the European Court of Human Rights (ECHR), the Parliamentary Assembly of the Council of Europe, and the Committee of Ministers of the Council of Europe toward this matter. While the ECHR has made no decisions about the issue yet in terms of applications, it does have jurisprudence that might also be relevant in terms of climate change as well. Although the European Convention on Human Rights has no specific article able to be directly linked to climate change, the Court can still act on the matter in cases involving a significant provable disadvantage regarding rights protected by the Convention, such as the right to life or the right to respect for private and family life, home, and correspondence. In addition, policy-making proposals are seen at the parliamentary level, with such initiatives becoming more likely to succeed when considering the fact that public awareness about climate change-related threats is rising.&nbsp;The third part of this article questions the role of the United Nations (UN) in regard to minimizing the negative effects human-induced global warming has on human rights. The UN has already introduced certain international legal instruments that directly focus on climate change. The UN Framework Convention on Climate Change is a general guide that states the principles for preventing and minimizing the negative consequences of climate change. Additionally, the Twin Covenants (i.e., the UN International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) impose obligations on states to improve the rights and well-being of the individuals in their jurisdiction. In light of such international norms, this section summarizes the means and methods for protecting human rights against climate-related risk and how these are implemented by treaty monitoring organs such as the Human Rights Committee and the UN Human Rights Council.&nbsp;&nbsp;

International Human Rights Law as a Mechanism for Coping with  Climate Change

Neslihan

In criminal procedural law, anything can be considered evidence provided it possesses characteristics pertaining to crime. As regards the principle of having free access to all evidence, no difference exists between digital and physical evidence. Also, due to the hierarchy of evidence being invalid with regard to criminal procedure, making a distinction between which evidence is important/strong or unimportant/weak is not possible. As a result of the tremendous developments in the field of technology also having increased the number of crimes committed regarding information systems, the need for digital evidence has gained increasingly greater importance, as well as its use as a means of proof. However, because the use of evidence obtaining measures such as the search, copy or seize of digital data belonging to individuals constitutes an infringement of many legal values, legislators have also regulated legal measures and bound these to strict conditions.The measure on searching, copying, and seizing evidences from information systems in relation to crimes committed with use of digital technologies is listed in Criminal Procedure Code (Law No. 5271) and constitutes a special instance of the search and seizure protection measures. Article 134 of this Criminal Procedure Code covers the procedures regarding the gathering of data stored on information systems.The topics of this study are the matters of the search, copy and seizure of digital evidence from information systems, and these matters are measures that can be applied to all criminal areas. Legislators have not limited the scope of crime in terms of the application of these measures. In this context, the relevant measures can be applied to all investigations that require the collection of digital evidence, whether for classical or cyber crimes.In order to make a decision regarding the measures regulated in Article 134 of the Criminal Procedure Code, the conditions stipulated in the law must be fulfilled. These conditions are: the presence of strong grounds of suspicion based on concrete evidence and the absence of the possibility of obtaining evidence any other way. Evidence obtained after search, copy and seizure procedures have been made that do not adhere to these legal conditions should also be noted as being unusable as criminal evidence due to being outside the confines of the law. In addition, obtaining digital evidence in accordance with the technical requirements is also extremely important. Obtained evidence must be submitted to the judicial authorities intact and in full. Otherwise, even if this evidence had been collected by field experts, it is neither acceptable as lawful evidence nor will it be taken as a basis for judgment.Article 134 of the Criminal Procedure Code should be amended in accordance with the requirements of the age in the face of the rapidly developing and changing digital technologies. This regulation should also safeguard suspects’ fundamental human rights and freedoms. In addition, the changes should occur rapidly and be sufficient to put an end to all the discussions regarding the doctrine. Due to digital evidence being among the most important evidence of the current day, guarantees should be introduced to ensure that this type of evidence is collected in accordance with the technical requirements and evaluated within the scope of scientific principles.In summary, this paper aims to analyze the processes related to detecting and evaluating digital evidence within the framework of the general principles of criminal procedural law. In this context, the paper examines the search, copy and seizure measures regarding the information systems covered in Article 134 of the Criminal Procedure Code and provides explanations with respect to computers, computer programs and digital files as listed in Article 134. The paper additionally discusses the legal nature of the measures, their conditions and the way they are applied within the framework of discussions regarding the doctrine, the problems experienced in practice and the judicial decisions.

Searching, Copying and Seizing of Computers, Computer Programs  and Files

Hüsnü

Assist. Prof.

Res. Assist.

To determine whether a crime is committable through general or specific intent, the legal definition of the crime must first be examined. If the legal definition of a crime mentions that the perpetrator must act with a specific intent such as the aim of benefit, these kinds of crimes are only committable through specific intent.The text of Article 148 of the TCC regulating the crime of plunder does not specifically mention it having to involve the aim of benefit. Therefore, the crime of plunder is said to be committable through general intent. However, in order to determine whether a crime is committable with general intent or specific intent, one accordingly must examine all the features of the crime. For instance, the crime of plunder is considered a combined crime consisting of the theft and coercion or threat thereof in Turkish Criminal Law. As is understood by this, theft is an essential element of the crime of plunder. In other words, the crime of plunder is not committable without theft. Article 141 of the TCC regulating theft also specifically mentions “aim of benefit.” Therefore, this study considers the crime of plunder to be committable only through specific intent (i.e., the aim of benefit). As a matter of fact, the majority view regarding doctrine and court practices is of the same opinion as considered in this study.Both German (Article 249 of Strafgesetzbuch - StGB, in the version published on 13.11.1998) and Austrian law (Article 142 of Strafgesetzbuch – StGB, 23.01.1974) specifically mention “aim of benefit” with regard to the legal definition of the crime of plunder. Therefore neither doctrine nor court practices may dispute that the crime of plunder is only committable through specific intent in German and Austrian law.Due to the aim of benefit having a broad meaning, determine what makes up the content of aim of benefit is compulsory. The dissenting view in terms of doctrine considers the aim of benefit to only involve economic benefit, while the majority view in terms of doctrine acknowledges the aim of benefit to include both economic and immaterial benefits.According to this study’s opinion, the composition of the aim of benefit and the subject of the crime are different from each other. The crime of plunder is regulated in the section titled “Crimes Against Property” in the TCC (Article 148, 26.09.2004). The crimes in this section are intended to protect property, with property being defined as things possessing economic value. As also seen in Turkish Court practices, possessions without economic value (such as a love letter or photograph) cannot be subjected to crimes against property. However, the majority view in terms of doctrine considers that both things possessing economic value as well as things without economic value can be subjected to crimes against property. Due to the laws against crimes listed in the section titled “Crimes Against Property” being intended to protect property, the study considers only things possessing economic value to be subjectable to the crime of plunder. However, a perpetrator can act for both economic and immaterial benefits. In other words, the aim of benefit involve both economic and immaterial benefits.In German law, the perpetrator regarding the crime of plunder must act with the intention of acquiring property, with the intention of acquiring property not involving immaterial benefit. If the perpetrator does act with the aim of immaterial benefit (e.g., vengeance, joy, rage), the perpetrator is unpunishable for the crime of plunder. In Austrian law, the perpetrator regarding the crime of plunder must act with the intention of enrichment. Therefore, Austrian law states the aim of benefit to only involve economic benefit.This study examines the subjective element of the crime of plunder and the scope of what composes the aim of benefit by comparing the Turkish Criminal Code with the legal regulations in the German and Austrian Criminal Codes, their doctrines and judicial decisions and also evaluates certain types of criminal events that have been disputed within the scope of the crime of plunder by considering the German and Austrian models, with the resultant opinion of the study being presented.&nbsp;&nbsp;

Discussions on the Subjective Element of the Crime of Plunder in  Comparison with German and Austrian Law

Hüseyin

The attempt is being made these days to design and manage penal institutions as institutions that function to deter, rehabilitate, and prevent criminal behavior. Crime is a natural part of everyday life, especially for repeat offenders, and changing this pattern can be difficult for various reasons. Individuals adopt the social rules that are presented to them in the social environment in which they live; they behave similarly to the behaviors they see.A prisoner joins a new social circle in prison, one that has a significant impact on their future behavior. From this point of view, this study will revise the theories and findings regarding the social causes of crime in terms of prison and will discussed what characteristics an institute should have that will not result in the convict learning new criminal behaviors or methods. Crime transference is the main subject of the study and refers to how a convict with no intention, knowledge, or opportunity to commit a crime is directed toward criminal behavior due to their criminal experiences. Regardless of what crime was committed to get sent to prison, convicts may also conduct various criminal behaviors within the institution. Due to a prison’s structural features, convicts are likely to learn new crimes in order to gain power, status, and money; they may even start and continue to commit these crimes after being released.The first reason for crime transfer is physical proximity. After a convict enters prison, they meet prisoners who were convicted for many different crimes, and these convicts find the opportunity to meet and share their criminal experiences. Having individuals who’ve been convicted of different crimes stay together in crowded wards is a risk factor. In addition to physical proximity, how people spend their time at prison also becomes an important issue. As the time spent with other convicts during the day increases, so does crime transference among these convicts. Being away from emotionally important people (e.g., family, close friends) decreases positive social support factors that help prevent one from committing a crime and increases the likelihood of becoming close with criminals in jail. Society also needs to step in and take responsibility in addition to one’s family and friends. The type of prison is also another factor associated with crime transference. In open prisons, convicts have more opportunities to interact with different people and participate in events (e.g., trainings, workshops). Because of the greater security measures, these opportunities are quite limited in closed prisons, though sometimes convicts may have to contact more serious criminals. As the length of time in prison increases, the likelihood and severity of crime transference also increases. Day by day, prisoners lose their everyday skills (finding a job, avoiding criminals), and the likelihood of becoming a repeat offender also increases.Completely eliminating crime transfer in penitentiary institutions is not a realistic goal. However, measures can be taken to minimize it. Which measures to take and which legal regulations and possible changes in the physical and administrative structures of penitentiary institutions undoubtedly are in conflict in terms of priority. Although the existence of crime transfer is a real thing, the majority of convicts in prisons do not commit these crimes, do not join a crime organization, and do not establish crime partnerships. Therefore, having individuals stay in non-crowded units housing 4-6 people at maximum and having them avoid individuals guilty of other crimes may reduce crime transfer that is a result of physical proximity. Employing detainees and convicts in a workshop for regular, 8-hour work periods while taking into account security measures will not only reduce the possibility of crime transfer in their free time but also ensure that the individual does not wander away from their normal life responsibilities and order. Expanding measures to maintain relations external to a prison (e.g., e-meetings, e-mail opportunities) will protect convicts from crime transference and prepare them for life after release. Improving reliable assessment tools for measuring recidivism risks and suitability for release will help isolate highand low-risk prisoners from each other. Proper and successful isolation procedures prevent crime transference in institutions.While convicts are imprisoned, non-governmental organizations can support and become models in a variety of ways such as through correspondence, financial support, and role-playing projects. Carrying out projects in institutions can help rescue convicts from a passive and assisted position. Having prisoners adopt an effective attitude where they are responsible and a direct part of change, applying an approach that protects prisoners from crime transference, and preparing them for post-release are all very important.&nbsp;&nbsp;

Crime Transference: Are Prisons Universities of Crime?

Aydın

The changes in the scope of the concepts of crime, punishment, and execution throughout history have brought the issue of amnesty to the agenda when the necessary situations arise. Amnesty means the forgiveness of a crime and, as a legal concept, is the mitigation or complete cancelation of punishments that have been or are being lawfully imposed by the competent authority. This practice has a history as old as crime, punishment, and execution, is now found in many legal systems, and mainly concerns constitutional and criminal law.Amnesty laws were usually enacted during or after revolutions, wars, and revolts. The aim is to reintegrate into society those who have violated public order, restore state authority, and eliminate the need for soldiers. As with other laws, amnesty laws have explanations of the reasons for which they were legislated. However, sometimes these are not the main reasons for passing laws. Amnesty laws may also be promulgated on grounds where no benefit is seen to exist in continuing to punish a crime, where it is seen as a solution for closing loopholes in the law and remedying injustice, or where a particular group of crimes or criminals will be pardoned. These reasons also include state interests and the decimation of a repressive regime.Terms such as Afv-ı Âli, Afv-ı Umumi, and Afv-ı Şahane were used for the pardons declared in the Ottoman Empire. Amnesty laws with these words in their titles were often promulgated for the following reasons: • Pardoning prisoners with chronic illness, • Celebrating a Sultan’s accession to the throne, • Celebrating a Sultan’s birthday, • Forgiving some criminals as a result of a Sultan’s visit to a city, • Celebrating national/holy days,In addition, amnesty laws were declared before, during, or after wars and riots. The first of the most regulated periods of amnesty laws in Turkish history was during the reign of Abdul Hamid II. The main purposes of the pardons promulgated during this period were to use them as a political argument in foreign policy, to prevent seditious activities caused by many internal and external factors, and to restore public order and the state authority that had been damaged by riots and revolutionary movements.&nbsp;After the Second Constitutional Revolution in 1908, the government proclaimed a general amnesty for those who had committed acts referred to as political crimes. Thus, the rights of all victims who had been harmed by Abdul Hamid’s repressive rule were restored. In addition, people who had been arrested or convicted for political or serious crimes in Istanbul and other regions were evacuated by the government due to fear of a public uprising.As far as can be ascertained for this period covering 1908-1918, 34 laws are found in which the question off amnesty was regulated. Only six of these laws belonged to the first year of the Second Constitutional Revolution. The impact of the amnesty laws legislated between 1908-1909 regarding prisons, society, and public order were the most controversial issues of the Second Constitutional Revolution.During this period, amnesty laws that had been enacted for political crimes began to be implemented rapidly, but the amnesty was not easy to enforce because those excluded from the amnesty began to cause riots in the prisons. As a result, the government lost control over some prisons, and uncontrolled riots occurred.If the scope of the amnesty law had not been expanded after the government lost control, it would have obviously occurred by itself, and the state would have been humiliated. For this reason, amnesty was expanded to include serious crimes, and many people were freed from prison. However, the amnesty for serious crimes made people nervous, and the public organized protests against this type of amnesty.Between 1908-1918, numerous amnesty laws were enacted for various reasons. In particular, the release of people who had committed serious crimes led to an increase in the crime rate, because many of the old criminals who’d been released started committing crimes again. For this reason, repressive laws and practices were used to ensure public order, even if it meant limiting human rights.Between 1908-1918, numerous amnesty laws were enacted for various reasons. In particular, the release of people who had committed serious crimes led to an increase in the crime rate, because many of the old criminals who’d been released started committing crimes again. For this reason, repressive laws and practices were used to ensure public order, even if it meant limiting human rights.

The Nature, Scope, and Effects of the Amnesty Laws That Were Applied  in the Early Days of the Second Constitutional Revolution (1908-1909)

Akif

The right to be informed of the accusation is not explicitly regulated in the Turkish Constitution. According to the Constitutional Court, the right to be informed of the accusation derives from Article 36 of the Constitution. Besides guaranteeing the general right to a fair trial, Article 6 protects specific rights, such the right to be informed of the accusation. Article 6 (3) (a) of the Convention enacts a right for the suspect/accused to be informed of the accusation. Article 6 § 3 (a) of the Convention guarantees the right for everyone charged with criminal offence “to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him.” The scope of Article 6 § 3 (a) of the Convention must be assessed in light of the more general right to a fair hearing guaranteed by Article 6 § 1 of the Convention. The aim of this provision seems clear: the right to defend oneself can only be exercised effectively if the accused knows what he/she is accused of. Furthermore, the right to be informed of the accusation is related to the principle of equality of arms. It is not possible for a defendant who does not know the accusation against them to defend themselves.&nbsp;Within this article, we analyze the right to be informed of the accusation in the framework of the guarantees provided by the Constitution and the Convention in light of the decisions and judgments of the Constitutional Court and the ECHR. The case law of ECHR is also consistent in holding that information must include both the cause and nature of the accusation. The cause of accusation means the material facts alleged against the accused, while the nature of the accusation refers to the legal qualification of these material facts. While the extent of the “detailed” information depends on the particular circumstances of each case, who the victim is, where, when, how and why the crime was committed should be understood from the accusation.From the words “in a language which he understands” it follows that if a defendant is not familiar with the language used by the court, the information must be translated for him. The provision does not specify if the relevant information should be given in writing or translated in written form for a foreign defendant. Also, the information must be submitted to the accused in due time to prepare their defense. Whether the required information has been furnished “promptly” has to be assessed in the conditions of each individual case.During the course of the proceedings, the judge can give a new legal characterization to the acts on which the accusation is based. However, the accused must be duly and&nbsp;fully informed of any changes in the accusation and must be provided with adequate time and facilities to organize his defense based on any new information or allegations.The most important problem regarding the right to be informed of the accusation in Turkish law is that, at least, indictments are not prepared in accordance with the standards set by the Constitution. This problem is the main source of many problems related to the basic principles of criminal procedure law. Failure to prepare an indictment with the required standards causes people to be accused arbitrarily. However, The Turkish Code of Criminal Procedure includes provisions regarding this right far beyond the standards set by the Constitution and the Convention. These provisions should be implemented not only to reduce violations of rights, but also as a requirement of being a state that respects human rights.&nbsp;&nbsp;

The Right to be Informed of Accusation under the Constitution and the  European Convention on Human Rights

Adem

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Nuray

Sevil

Violence by a Female Confidant in Turkiye in  the Covid-19 Pandemic: The Gender Shadow Pandemic

@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.

Emerging Sources Citation Index (ESCI)

EBSCO

ERIH PLUS

TR Dizin

DOAJ

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@METRIC_ISSUES

@METRIC_ARTICLES

@METRIC_OPENACCESS

Journal of Penal Law and Criminology

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Editor in Chief

Co Editor in Chief

Managing Editor

Editorial Management Board Member

Section Editor

Language Editor

Statistics Editor

Editorial Assistant

Editorial Board Member

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 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)
Front Pages (PDF)

Journal of Penal Law and Criminology

VOLUME 10, ISSUE 2, 2022

New Technologies through a Human Rights Lens: Reflecting on Personal Autonomy and Non-Discrimination

The Question of Interaction between Tax and Criminal Proceedings in Turkiye in Terms of ECtHR Jurisprudence

International Human Rights Law as a Mechanism for Coping with Climate Change

Searching, Copying and Seizing of Computers, Computer Programs and Files

Discussions on the Subjective Element of the Crime of Plunder in Comparison with German and Austrian Law

Crime Transference: Are Prisons Universities of Crime?

The Nature, Scope, and Effects of the Amnesty Laws That Were Applied in the Early Days of the Second Constitutional Revolution (1908-1909)

The Right to be Informed of Accusation under the Constitution and the European Convention on Human Rights

INFORMATION

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