Özet:

It is necessary to reach a certain quality and quantity for a fact to be punished. In this regard, the preparation stage of a crime does not require criminal law responsibility as a rule. In contrast, some preparation movements are intended to be punished by organizing them as individual crimes. Organizing, managing, membership, and assisting for the purposes of committing the crime is a preparation movement in terms of the crimes intended to be committed. However, considering the legal value they preserve, the related facts have been organized as an individual crime by both German and Turkish lawmakers. In this way, it is possible to punish those facts in the form of preparation. In this study, the continued tendency towards punishment of some facts expressed as "accused crimes" and in particular in terms of terrorist (organizational) crimes, which form a "preparation movement", was examined in the light of the BGH decisions on the subject in terms of the general theory of crime and the basic principles of criminal law.

Anahtar Kelimeler: