Sayfa 279An Evaluation of the Regulations Incompatible with the Principle of Criminal Law as a Last Resort (The Principle of Ultima Ratio) in the Context of Rights and Freedoms…
Şeyma CEBECİ…
Abstract
The principle of “ultima ratio” purports that criminal law should not criminalise every unlawful act, and it should only step in as a last resort, when other branches of law are insufficient to prevent this unlawful act. However, when the “prevention” purpose of criminal law is dominant, it may lead to its instrumentalisation in the hands of politics. Although the legislator has the authority to determine the crime and punishment policy, this authority should be used in compliance with “the necessity of the interference in a democratic society” and principle of proportionality. If penal codes already contain unlawful acts that can be prevented with any other legal means, then these acts should be decriminalised. In addition, if there is more than one offence that protect the same legal value, the criminal legislation should be eliminated so that only one offence remains in force. Offences that do not protect any legal value should also be removed from criminal codes.…
In this article, firstly, the scope and legal basis of the principle of ultima ratio will be presented in terms of Turkish law. Then, the regulations incompatible with the principle of ultima ratio in the Turkish …
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