Abstract:

Article 257 of the Turkish Criminal Code is punishable for the offence of abuse and for the cases also defined in the law as a criminal offence, "by acting in violation of the requirements of his duty" (TCK m. 257/1) and "by neglecting or delaying in performing the requirements of his duty" (TCK m. 257/1) for the victim or damage to the public or for the public that provides an unfair interest to the persons. The legal nature of the criminal offence "to cause the victim or harm to the public or to provide an unfair interest to the persons" is controversial and is stated that it is the condition for them to be objectively punishable in order for the crime to occur. Difficulty in determining the types of crimes that include the condition of objective punishment and uncertainty about the legal nature of the institution, the formation of the crime of misuse of the task, determining the scope of the intention have caused different approaches in the teaching. In this article, the offence of abuse of duty is investigated taking into account the judgments of the Court.

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