Review article
Attempted Criminal Offense in the Legislation and Case Law of Turkey
Amila Ferhatović
; Faculty of Law, University of Sarajevo, Sarajevo, BIH
Abstract
Criminal law is mostly concerned with completed offences. However, the path to completing an intentional crime may go through several stages that differ in their significance in criminal law. The attempted offense is a separate stage in the perpetration which is located between the preparatory and the completed offence. It represents a less serious criminal offense because it lacks one of the essential elements, namely the result. Since the attempted crime could be said to represent an exception, the question of its criminal character has to be dealt with. The author points to this institution in the general part of criminal law, analyzing legislation and case-law of Turkey and focusing on the essence, elements and criminality. The author pays special attention to the issues concerning the relevant institutes that are discussed by Turkish academics, as well as in jurisprudence. In order to better understand the above issues, the legal framework is supported by case-law of the Supreme Court of Turkey.
Keywords
attempt; criminal offense; Turkey
Hrčak ID:
152403
URI
Publication date:
15.6.2015.
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