Abstract:

In Article 114 of the Turkish Criminal Code No. 5237, which came into force on 1 June 2005, some facts aimed at preventing the use of political rights were classified as a crime. Thus, the lawmaker wanted to safeguard the political rights and freedoms of individuals to a significant extent. In the text of the article, under the title of the prohibition of the use of political rights, the facts of force against political rights to be used in connection with a political party or a public task are bound to sanctions. Thus, political rights relating to a political party or a public task, which are considered in the legal definition of the crime, are protected, but other political rights are not protected. In other words, as the blocking of certain political activities is organized as a crime, the blocking of the use of other political rights will remain outside the scope of this crime. When this situation is assessed by the article title, it is among the current criticisms that are not in accordance with the law technique. In the judgments made by the court, the elements of the criminal offence and the detailed explanations were included and the different definitions of the criminal offence that preserve the same legal value were stated that the rules of intelligence should be applied. We need to discuss a special norm-general discussion.

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