Özet:

A behavior is criminalized when the act must be legitimate for constituting the result of the offence. This convenience is important for all criminalized conducts. If the behavior is adequate for getting the result of the offence, it is also either illegal or derogative. In examination about convenience to the result, we also discuss "impossibility". In the Turkish Criminal Code, there is no provision about impossibility. The problem is resolved in the case of typical crime in the framework of general criminal principles. In Cyprus Criminal Code the article of 366/3 has a rule which is understood by interpretation. According to this article "it is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offences." We have to interpret this provision to get this result: The intention of offender is the most important element (mens rea), so the other circumstances are immaterial. The offender does not know the fact that it is impossible to commit the typical offence. We can classify the impossibility as legal and factual. The legal impossibility is defined that the offender does an act to commit an offence, but the lack of an element or the misknowledge about the provision is one of them that consists of legal impossibility. The criminal law does not impose any sanctions in those cases

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