Cyber grooming turns out to be a huge problem with respect to child abuse because the internet and social media devices become prevalent. In most states, cyber grooming acts are criminalized in order to protect the children from cyber grooming whereas according to the Turkish Criminal Code (TCC) cyber grooming is not exclusive type of crime, it is considered within sexual harassment or obscenity. In TCC it is accepted for crimes against sexual immunity whether a behaviour includes physical contact or not as a main criteria. However physical contact criteria in terms of determining the gravity of unjustness is not quite sufficent regarding to today’s technology. It is indispensable that acts towards the child should be taken into account seperately since the acts occur in cyberworld. In this regard sexual harassment in article 105 of TCC does not meet the gravity of unjustness of cyber grooming. The aim of this study is to determine characteristics of grooming acts targeting sexual abuse against children in the cyberworld, at which point the perpetrator will be intervened through criminal law and point out the loophole in Turkish criminal law. Because criminal law steps in with its prima ratio character in case of violation of sexual immunity of the child in cyberworld. In this study, the manipulation process of meeting the child and sexual abuse of the child on social media, game sites or any other virtual platforms was examined in stages. Using empirical studies, it was discoursed whether a specific perpetrator and victim typology available or not.
{"title":"ÇOCUĞUN SANAL CİNSEL İSTİSMARI","authors":"Neslihan Can","doi":"10.54049/taad.1093111","DOIUrl":"https://doi.org/10.54049/taad.1093111","url":null,"abstract":"Cyber grooming turns out to be a huge problem with respect to child abuse because the internet and social media devices become prevalent. In most states, cyber grooming acts are criminalized in order to protect the children from cyber grooming whereas according to the Turkish Criminal Code (TCC) cyber grooming is not exclusive type of crime, it is considered within sexual harassment or obscenity. In TCC it is accepted for crimes against sexual immunity whether a behaviour includes physical contact or not as a main criteria. However physical contact criteria in terms of determining the gravity of unjustness is not quite sufficent regarding to today’s technology. It is indispensable that acts towards the child should be taken into account seperately since the acts occur in cyberworld. In this regard sexual harassment in article 105 of TCC does not meet the gravity of unjustness of cyber grooming. The aim of this study is to determine characteristics of grooming acts targeting sexual abuse against children in the cyberworld, at which point the perpetrator will be intervened through criminal law and point out the loophole in Turkish criminal law. Because criminal law steps in with its prima ratio character in case of violation of sexual immunity of the child in cyberworld. In this study, the manipulation process of meeting the child and sexual abuse of the child on social media, game sites or any other virtual platforms was examined in stages. Using empirical studies, it was discoursed whether a specific perpetrator and victim typology available or not.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131551047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Türkiye Dergisi Abstract With Law no.6771 of 21 January 2017 which entered into force following its approval in the referendum held on 16 April 2017, one of the most comprehensive constitutional amendments of history of the Republic of Turkiye has been realised. As result of these constitutional amendments the system of government has been changed in Turkiye; the parliamentary system of government has been replaced with the executive presidential system. In this context, the Law no.6771 made crucial changes in constitutional rules on organisation of the executive branch and on its responsibilities and powers, and adopted new principles. Following the aforementioned constitutional amendments of 2017, various debates have been seen in the doctrine and in the public sphere concerning the way of implementation of the rule “ a person may be elected as the President of the Republic for two terms at most ” stipulated in Article 101 of the Constitution as amended by law no.6771. The focal point of these debates, which have mostly been based on the fact that a rule with the same content already existed in the Constitution before the latter has changed by law no.6771, is the effect of presidential elections held before the constitutional amendments of 2017 to the implementation of the rule “ a person may be elected as the President of the Republic for two terms at most ”. In this context, in this study, departing from the interpretation methods and the principles concerning ratione temporis application of statutes, the answer for the question of “ whether or not presidential elections held during the term of the parliamentary system of government will be taken into account while implementing the rule ‘a person may be elected as the President of the Republic for two terms at most’ in the term of the executive presidential system ” will be sought.
{"title":"CUMHURBAŞKANLIĞI HÜKÜMET SİSTEMİNDE İKİ DEFADAN FAZLA CUMHURBAŞKANI SEÇİLEMEME KURALI","authors":"Mustafa Şentop","doi":"10.54049/taad.1093105","DOIUrl":"https://doi.org/10.54049/taad.1093105","url":null,"abstract":"Türkiye Dergisi Abstract With Law no.6771 of 21 January 2017 which entered into force following its approval in the referendum held on 16 April 2017, one of the most comprehensive constitutional amendments of history of the Republic of Turkiye has been realised. As result of these constitutional amendments the system of government has been changed in Turkiye; the parliamentary system of government has been replaced with the executive presidential system. In this context, the Law no.6771 made crucial changes in constitutional rules on organisation of the executive branch and on its responsibilities and powers, and adopted new principles. Following the aforementioned constitutional amendments of 2017, various debates have been seen in the doctrine and in the public sphere concerning the way of implementation of the rule “ a person may be elected as the President of the Republic for two terms at most ” stipulated in Article 101 of the Constitution as amended by law no.6771. The focal point of these debates, which have mostly been based on the fact that a rule with the same content already existed in the Constitution before the latter has changed by law no.6771, is the effect of presidential elections held before the constitutional amendments of 2017 to the implementation of the rule “ a person may be elected as the President of the Republic for two terms at most ”. In this context, in this study, departing from the interpretation methods and the principles concerning ratione temporis application of statutes, the answer for the question of “ whether or not presidential elections held during the term of the parliamentary system of government will be taken into account while implementing the rule ‘a person may be elected as the President of the Republic for two terms at most’ in the term of the executive presidential system ” will be sought.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122958148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"SERİ MUHAKEME USULÜ TEKLİFİNİ KABUL ETME VE SUÇ İKRARI İLİŞKİSİ","authors":"Enver Kaşli","doi":"10.54049/taad.1093107","DOIUrl":"https://doi.org/10.54049/taad.1093107","url":null,"abstract":"","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124964585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
İtiraz, İptal Davası Abstract Criminal investigation to be carried out on higher education personnel, on complaints containing the allegation that they have committed crimes in the course of their duties or while performing their duties; It is carried out not according to the Criminal Procedure Code, which includes general investigation and prosecution provisions, but according to the special provisions regulated in Article 53/c of Law. In accordance with the previous version of Article 53/c of the Higher Education Law, while a direct investigation is initiated by the competent authorities regarding the crimes alleged to have been committed by the higher education personnel, as a result of the amendment made in the aforementioned article with the Law No. discretion has been granted. In this study, the legal quality of the decisions made pursuant to Article 53/c of the Higher Education Law No. 2547, and how the judicial review of these decisions will be made, that there is no need to open an investigation against the higher education personnel on the allegations of committing crimes or denunciations are examined.
{"title":"YÜKSEKÖĞRETİM PERSONELİ HAKKINDAKİ ŞİKAYETLER ÜZERİNE VERİLEN CEZA SORUŞTURMASI AÇILMAMASI KARARLARININ HUKUKİ NİTELİĞİ VE YARGISAL DENETİMİ","authors":"Ilhami Öztürk, A. Sümer","doi":"10.54049/taad.1093120","DOIUrl":"https://doi.org/10.54049/taad.1093120","url":null,"abstract":"İtiraz, İptal Davası Abstract Criminal investigation to be carried out on higher education personnel, on complaints containing the allegation that they have committed crimes in the course of their duties or while performing their duties; It is carried out not according to the Criminal Procedure Code, which includes general investigation and prosecution provisions, but according to the special provisions regulated in Article 53/c of Law. In accordance with the previous version of Article 53/c of the Higher Education Law, while a direct investigation is initiated by the competent authorities regarding the crimes alleged to have been committed by the higher education personnel, as a result of the amendment made in the aforementioned article with the Law No. discretion has been granted. In this study, the legal quality of the decisions made pursuant to Article 53/c of the Higher Education Law No. 2547, and how the judicial review of these decisions will be made, that there is no need to open an investigation against the higher education personnel on the allegations of committing crimes or denunciations are examined.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117048852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANAYASA MAHKEMESİ KARARLARINDA HÜKMÜN DENETLENMESİNİ TALEP ETME HAKKI","authors":"F. E. Güzndüz, Hakan Gündüz","doi":"10.54049/taad.1055731","DOIUrl":"https://doi.org/10.54049/taad.1055731","url":null,"abstract":"","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114845097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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