Abstract:

The crime of abuse of the duty is regulated in Article 257 of the Turkish Criminal Code No. 5237 "crimes against the reliability and functioning of the public administration". This crime punishes a public official who has caused the victim or damages to the public or has provided an unfair interest to the persons by "to act in violation of the requirements of his duty" (TCK m. 257/1) and "to ignore or delay in performing the requirements of his duty" (TCK m. 257/2) and "to act in violation of the requirements of his duty". The offence of abuse of duty, as it is found in the law, is the area of application other than the cases defined as a criminal offence, which indicates the characteristic of the ruling norm in which the offence is committed. In the study, the crime was studied in accordance with the general theory of crime in the light of the judgment of the court, and the concept of public official and in this context the status of lawyers, the condition in the definition of crime "to cause the victim or harm to the public or to provide an unfair benefit to the persons" is the result, or the condition of objective punishment, that is, the legal nature of the condition comes to the forefront.

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