The Clear and Present Danger Test in Turkish Penal Law

Büşra Demiral Bakırman

Makale detayları

The Clear and Present Danger Test in Turkish Penal Law

Yazarlar:

Büşra Demiral Bakırman

Yayıncı:

Istanbul University

Ana Başlıklar:

Kriminoloji (Diğer)

Dergi:

Ceza Hukuku ve Kriminoloji Dergisi Vol.11 Issue 2, pp.186-197

Belge Tipi:

Makale

Yayın Tarihi:

2/2024

Belge Dili:

İngilizce

Document ID (Org No.):

2001314384

pISSN:

2148-6646

Anahtar kelimeler:

Özet:

 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.

 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.

 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.

 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.

Makale detayları

The Clear and Present Danger Test in Turkish Penal Law

Yazarlar:

Büşra Demiral Bakırman

Yayıncı:

Istanbul University

Ana Başlıklar:

Kriminoloji (Diğer)

Dergi:

Ceza Hukuku ve Kriminoloji Dergisi Vol.11 Issue 2, pp.186-197

Belge Tipi:

Makale

Yayın Tarihi:

2/2024

Belge Dili:

İngilizce

Document ID (Org No.):

2001314384

pISSN:

2148-6646

Clear and present danger

freedom of expression

public safety

public order

danger crime

Sayı

Makale detayları

The Clear and Present Danger Test in Turkish Penal Law

Yazarlar: Büşra Demiral Bakırman

Yayıncı: Istanbul University

Ana Başlıklar: Kriminoloji (Diğer)

Dergi: Ceza Hukuku ve Kriminoloji Dergisi Vol.11 Issue 2, pp.186-197

Belge Tipi: Makale

Yayın Tarihi: 2/2024

Belge Dili: İngilizce

Document ID (Org No.): 2001314384

pISSN: 2148-6646

Clear and present danger

freedom of expression

public safety

public order

danger crime

Sayı

Yazarlar:

Büşra Demiral Bakırman

Yayıncı:

Istanbul University

Ana Başlıklar:

Kriminoloji (Diğer)

Dergi:

Ceza Hukuku ve Kriminoloji Dergisi Vol.11 Issue 2, pp.186-197

Belge Tipi:

Makale

Yayın Tarihi:

2/2024

Belge Dili:

İngilizce

Document ID (Org No.):

2001314384

pISSN:

2148-6646