Journal Cover
Journal of Penal Law & Criminology
Number of Followers: 3  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2148-6646 - ISSN (Online) 2602-3911
Published by İstanbul Üniversitesi Homepage  [18 journals]
  • The Clear and Present Danger Test in Turkish Penal Law

    • Authors: Büşra Demiral Bakırman
      Abstract: The concept of clear and present danger originates from American law has become a phenomenon in different legal systems, particularly in connection with freedom of expression. The Turkish legal system uses the criterion of clear and imminent danger and has more than one regulation involving this criterion. Pursuant to Articles 215 and 216 of the Turkish Penal Code, in order for punishment to be possible, a clear and imminent danger must exist in terms of public order and public security. In addition to these provisions, Articles 17 and 19 of the Code on Meetings and Demonstrations (Toplantı ve Gösteri Yürüyüşleri Kanunu) state that, if a clear and imminent danger is present that a crime will be committed, meetings may be banned for a certain period. This study aims to examine how the clear and imminent danger test is applied in Turkish judicial decisions in the context of the aforementioned provisions and to reveal the criteria for determination of clear and imminent danger.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
  • Models of Sexual Assault Laws and Evidentiary Matters

    • Authors: Selman Dursun; Ali Emrah Bozbayındır
      Abstract: One of the most important topics of discussion in criminal law in recent years has been the changes in understanding regarding sexual offenses and their related concepts. Following the acceptance that the legal value protected under sexual offences is individual rather than social, fundamental differences have occurred in the approaches and concepts. The current stage of this development involves a search for different models for this offense, particularly with regard to defining the offense of sexual assault. The traditional coercion-based model has come under various criticisms over time, with the so-called consent models having become a current issue. In addition to the coercion-based model, this study analyzes the consent-based models as affirmative and negative consent models of will and examines their implications for the law of evidence. The study briefly mentions French, Italian, Spanish, and German codes as examples of different models. Lastly, the study evaluates the regulation of sexual assault under Turkish law based on the abovementioned models. Regarding its historical development prior to the reform of the Penal Code in 2005, Turkish law adopted the coercion-based model. The article also discusses the post-new code discussions in detail.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
  • A Bibliometric Profile of Green Criminology and its Reflections on Tourism

    • Authors: Banu Özüşen; Erkan Kadir Şimşek
      Abstract: Green criminology is accepted as a sub-field of criminology and investigates threats against the entire ecosystem. The limited and unbalanced distribution of natural resources in the world and the rapid development of international trade has increased crimes against the elements of the ecosystem. This increasing number of crimes brings along multifaceted economic losses and health and safety issues for all living things. This study aims to use the bibliometric method to evaluate the research activities on green criminology, which has expanded its field of study since the 1990s and has become an interdisciplinary research field, by searching the studies on green criminology and discussing their reflections on tourism. This study uses the Scopus database to access a total of 360 documents published between 2010-2021. This study also examines the descriptive analysis results, annual scientific production, most cited publications, trending topics, most frequently used and related words, word cloud, tree map, three-field plot, world cooperation map, and cooperation network between authors and institutions. The study has determined 2020 to have been the most productive year regarding the number of publications. The article also investigates studies on the relationship between green criminology and tourism. The fact that only four studies are found on green criminology and tourism indicates the need for new studies in this context.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
  • Prosecutors’ Position and Its Impact on How Proceedings Are Conducted: A
           Comparison of German and Turkish Criminal Procedure

    • Authors: İpek Altınsaban
      Abstract: The rule for criminal procedure is the principle of compulsory prosecution. However, the principle of compulsory prosecution has been argued to have drawbacks in terms of modern crime policy due to a certain benefit being expected from today’s crime policy. Because public prosecutors conduct proceedings on behalf of the public, prosecutors as a rule have no discretionary authority. However, legislators have given discretionary power to public prosecutors regarding certain crimes for various reasons. The public prosecutor is the one who will evaluate the value of each piece of evidence and the existence of sufficient suspicion to reach a verdict in a trial. The aim of this study is to determine the position of prosecutors, who are equipped with important discretionary powers, in terms of criminal procedure. The study includes the regulations and discussions regarding Turkish and German criminal procedure, comparatively examining their differences in terms of authority between prosecutors in the classical and modern criminal process, prosecutors’ discretionary power and its limits, and finally the regulations in which prosecutors can use discretionary power.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
  • Refusing to Abide by Violation Decisions Made by the Constitutional Court
           in the Context of Determining Crimes That Form the Exception of
           Legislative Immunity

    • Authors: Adem Sözüer
      Abstract: Fulfilling the requirements of violation decisions rendered by the Constitutional Court within the scope of an individual application is a legal obligation. Despite this obligation being clearly stated in the 1982 Constitution and Constitutional Court Law, as exemplified in the case of Kadri Enis Berberoğlu, the first-instance courts that authorize eliminating the consequences of such violations fail to fulfill the requirements of the Constitutional Court’s decisions. The Constitutional Court’s decision regarding Şerafettin Can Atalay (2) has also not been implemented by the competent and authorized first-instance court. This time, however, the failure to implement the Constitutional Court’s decision regarding an individual application had emerged through a different method and process. Indeed, instead of performing the necessary procedures indicated by the violation decision the Constitutional Court had issued, the competent first-instance court forwarded the file to the 3rd Criminal Chamber of the Court of Cassation. Deeming itself competent and authorized, this Criminal Chamber issued a decision titled “Non-Implementation of the Constitutional Court Decision” and contains several aspects in terms of being a precedent. Due to this particular circumstance, the study will examine not only the impact and binding nature of the decisions the Constitutional Court renders regarding an individual application within the context of the Şerafettin Can Atalay (2) Decision but also the discussions regarding legislative immunity and its exceptions in light of the relevant precedents of the Constitutional Court. In this context, study will also include the past precedents of the 3rd Criminal Chamber of the Court of Cassation and the Criminal Chamber of the Court of Cassation regarding exceptions to legislative immunity. This paper’s evaluation and conclusion section takes the form of a decision analysis examining whether Article 14 of the Constitution is directly applicable in terms of the exceptions to legislative immunity, as well as whether using interpretation to determine the crimes to be considered within the scope of this Article is compatible with the principle of legality. Furthermore, the study will provide recommendations regarding the effective implementation of individual application decisions.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
  • Self-Reported Sexual Aggression among Youths: Exploring the Possible
           Subtypes

    • Authors: Nicholas Hasan Buker; Achraf Cohen
      Abstract: Sexual aggression and offense among youths have long been subjected to scientific inquiries. A sizable number of these inquiries have identified sexually aggressive youths to constitute a heterogeneous group with possible distinct subgroups varying across their targeted victims and risk factors. This study aims to contribute to the growing body of research geared toward identifying these subgroups. Using self-reported data collected from US middle and high school students, this study employs a latent class analysis (LCA) to identify the subgroups of sexually aggressive youths using a data-driven strategy. The LCA results indicate three latent classes (sub-groups) to be distinguishable both quantitatively and qualitatively in the study sample: general delinquents, emotionally disturbed, and low-risk youths. These subgroups are comparable with those identified in similar previous studies. However, the subgroups’ sizes in this study vary slightly from the sizes of the subgroups identified by earlier studies. The study concludes by presenting the reasons for the identified differences, policy implications, study limitations, and future research directions.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
  • The Problem of the Criminalisation of Humanitarian Aid in the Context of
           the 2002 European Union Directive and Framework Decision on Strengthening
           the Criminal Framework to Prevent the Facilitation of Unauthorised Entry,
           Transit and Residence

    • Authors: Meral Balcı; Ceren Karagözoğlu
      Abstract: The legal regulations the European Union (EU) has adopted to prevent illegal migration are becoming increasingly harsh. The practice that has developed within the framework of the regulations weakens the legal legitimacy of the measures taken. In particular, trying to control the illegal entry or illegal stay of foreigners in a country through the tools of criminal law causes problems in many respects. The EU Council Directive 2002/90/EC, referred to here as the Facilitators Directive, is one of the most important examples of this. This study will examine the acts that constitute a criminal offense under the Facilitators Directive within the framework of the Protocol against the Smuggling of Migrants, especially regarding the ability to punish humanitarian assistance. In determining the framework of the smuggling of migrants in terms of criminal law, this article will attempt to put forth an approach based on the principles of criminal law and human rights. The intensity of the sanctions imposed on illegal migration from the perspective of the protection of state borders results in the violation of state obligations arising from international conventions to which states are a party. Therefore, not expanding the limits of criminal law’s ability to intervene in immigration law is important, being an area where administrative regulations are effective.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
  • A Model Design for Determining Social Parameters and Their Importance
           Regarding Fear of Crime Levels

    • Authors: Aykut Çalışkan
      Abstract: The concept of fear of crime has frequently been the subject of research on different residential areas and been discussed factually through its emotional, cognitive, and behavioral aspects. The multifaceted nature of the perspectives put forward regarding fear of crime makes singular evaluations limited. However, measuring fear of crime levels is both relative and brings limitations to theoretical evaluation and methodology discussions. Therefore, fear of crime research is significantly affected by parameter determination and model design processes. This study conducts scanning research on the social causes of the fear of crime phenomenon based on the importance of spatial reality in fear of crime research. At the same time, the study proposes a model design with regard to fear of crime measurements. In this way, the study attempts to understand and overcome the limitations restricting the individual evaluations of social phenomena from a sociological perspective. This research examines within its scope the assumptions of fear of crime approaches using the deductive reasoning technique and develops an analysis strategy and sets of variables based on an eclectic framework and social integration theory. The scaling process of the variable sets included in the research is based on a secondary data analysis. The study obtained and analyzed the open-source data on fear of crime and social integration levels from the Directorate General for Criminal Records and Statistics and the Turkish Statistical Institute. The study has been designed operationally based on the quantitative research method. The study identified the phenomenon of fear of crime and the importance of a change levels in its sociological determinants using a canonical correlation analysis based on the correlational research design. As a result of the analysis, the study discovered a change in fear of crime levels to be related to life satisfaction and migration levels. Subjecting settlements to fear of crime research and detailing the results based on the variables specified on a micro scale are considered useful as these can provide important results in terms of overcoming the research limitations and obtaining valid results.
      PubDate: Fri, 23 Feb 2024 00:00:00 +030
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 100.26.176.111
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-
JournalTOCs
 
 

Publisher: İstanbul Üniversitesi   (Total: 18 journals)   [Sort by number of followers]

Showing 1 - 11 of 11 Journals sorted alphabetically
Alphanumeric J. : The J. of Operations Research, Statistics, Econometrics and Management Information Systems     Open Access   (Followers: 9)
Anadolu Araştırmaları / Anatolian Research     Open Access   (Followers: 1)
Aquatic Sciences and Engineering     Open Access  
Art-Sanat Dergisi     Open Access   (Followers: 2)
Conservatorium / Konservatoryum     Open Access  
Darulfunun Ilahiyat     Open Access  
European J. of Biology     Open Access   (Followers: 1)
J. of Penal Law & Criminology     Open Access   (Followers: 3)
J. of Transportation and Logistics     Open Access   (Followers: 3)
Public and Private Intl. Law Bulletin     Open Access   (Followers: 3)
Studien zur deutschen Sprache und Literatur     Open Access   (Followers: 4)
Similar Journals
Similar Journals
A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z  All
HOME > Browse the 3359 Publishers covered by JournalTOCs 4 5 6 7 8 9 10 11  
PublisherTotal Journals
4 5 6 7 8 9 10 11  
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 100.26.176.111
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-