What is Criminal Law? Basic Principles and Application Areas
Criminal Law is the branch of law that regulates the state’s imposition of criminal sanctions against the behaviors of individuals or institutions that disrupt social order. In other words, it is a set of rules that determine which actions are considered as crimes and which penalties will be applied against these actions. The protection of social order is of vital importance in terms of securing the rights and freedoms of individuals.
Criminal Law aims to protect not only individuals but also society. Because criminal behavior affects not only the victim but also the public order. For this reason, criminal law is considered within the scope of public law and the authority to impose criminal sanctions belongs to the state.
Sub-Branches of Criminal Law: General and Special Provisions
Criminal Law is divided into two main sub-branches: General Criminal Law and Special Criminal Law. General Criminal Law covers concepts such as the elements of crime, types of punishment, criminal responsibility, attempt, participation and fault. Regulations in this area are included in the first booklet of the Turkish Penal Code.
Special Criminal Law regulates the definition of certain types of crimes and the sanctions to be applied to these crimes. A wide range of acts such as murder, theft, fraud, sexual offenses, drug use and sale, terrorism offenses are examined within this scope.
Together, these two fields form a holistic system to determine whether an act is a crime or not, and if it is a crime, how it should be punished. Especially in criminal law, the principle of legality, i.e. the principle that crime and punishment can only be determined by law, is of great importance.
What is Crime? Elements of Crime in Criminal Law
According to the Criminal Law, a crime is an unlawful and defective act that is subject to criminal sanction. Not every act is a crime; a behavior must have certain elements in order to be considered a crime.
These elements are:
Element of Legality: The offense must be clearly defined in the law.
Material Element: The act must have occurred and produce an unlawful result.
Moral Element: The perpetrator must have acted with intent or negligence.
Element of Unlawfulness: The act must not be a behavior permitted by the legal order.
Element of Culpability: The person who commits a crime must be mentally healthy and have criminal capacity.
If one of these elements is missing, the act cannot be considered a crime. Therefore, the defense strategy in criminal cases is shaped by these elements.
Criminal Responsibility and the Concept of Fault
Criminal responsibility is defined as the criminal responsibility of a person for an act committed by him/her. In order for this responsibility to arise, the person must have the mental capacity to understand his/her act and to evaluate its consequences.
According to the Turkish Penal Code, children under the age of twelve are not criminally responsible in any way. Mental maturity is investigated in children between the ages of 12 and 15. Negligent crimes (crimes committed through carelessness or imprudence) are evaluated differently in terms of criminal responsibility.
In addition, if the criminal capacity has disappeared or decreased due to reasons such as mental illness, the person is either not sentenced at all or the sentence is reduced. In such cases, the forensic medical report plays an important role.
Trial Process in Criminal Courts
Criminal proceedings consist of two main phases: investigation and prosecution. In the investigation phase, the prosecutor’s office collects evidence, takes statements and, if there is sufficient suspicion, files a lawsuit. The prosecution phase continues with court hearings and results in a verdict.
The right to defense is a fundamental principle in criminal cases. Representation of the accused by a lawyer is an indispensable part of the principle of fair trial. In cases heard in heavy criminal courts, a mandatory defense counsel (lawyer) is appointed to the defendant by the bar association.
Factors such as the collection of evidence in accordance with the law, listening to witnesses, camera recordings, expert reports play a decisive role in the trial. The proof of the crime must be made with clear and convincing evidence that is free from doubt.
Types of Punishment and Implementation Methods
Penalties imposed in Criminal Law are generally divided into two main groups: imprisonment and judicial fines. There may also be additional sanctions such as security measures, deprivation of public service, revocation of driver’s license.
Prison sentences are divided into short-term (1 year or less) and long-term (over 1 year). In some cases, short-term prison sentences can be converted into probation or a judicial fine.
The judicial fine is calculated based on the daily value determined according to the income of the perpetrator. If payment is not made, the fine may be converted into a prison sentence. In such cases, justice is ensured by taking into account the economic situation of the person.
Postponement, Deferral of the Announcement of the Verdict (HAGB) and Probation
In some cases in Turkish Criminal Law, the court postpones the execution of the sentence even though it has imposed the sentence. One of these methods is the postponement of the sentence. If the defendant does not commit a crime for a certain period of time, the punishment is not applied at all.
HAGB (Suspension of the Announcement of the Verdict) is applied to people who have been sentenced to 2 years or less and have no criminal record. The defendant remains under supervision for 5 years, if he/she does not commit a crime during this period, the case is dropped. Otherwise, the verdict is announced and the execution process begins.
Probation aims to reintegrate the prisoner into society without imprisonment. Particularly well-behaved prisoners can spend the last year of their sentence outside, subject to certain conditions.
The Role of the Lawyer in Criminal Law and the Importance of Defense
Since criminal cases directly affect the freedom of individuals, the role of the criminal defense lawyer is critical. The effective exercise of the right to defense from the moment of detention is a fundamental guarantee of the right to a fair trial.
The lawyer uses all legal remedies that may be in favor of the defendant, ensures the collection of evidence, makes witnesses listen, detects unlawful transactions and objects to them. If necessary, he/she appeals to higher courts and fights for justice.
The smallest mistake in criminal proceedings can have a profound impact on an individual’s life. It is therefore important to consult a lawyer not only when a case is filed, but also from the time of the complaint or testimony.