Browsing by Author "Vicir, Ahmet Faruk"

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    Master Thesis
    Türk ceza hukukunda reşit olmayanla cinsel ilişki suçu
    (2026) Vicir, Ahmet Faruk; Özbek, Veli
    Criminal law systems worldwide exhibit significant similarities regarding the fundamental acts they criminalize. Most jurisdictions recognize and penalize acts such as intentional homicide, theft, and sexual assault as common categories of crime. However, some legal systems, as a result of their unique historical and socio-cultural dynamics, incorporate specific regulations rarely encountered in other countries.The offense of 'Sexual Intercourse with a Minor,' regulated under Article 104 of the Turkish Penal Code (TPC), stands as one of the most prominent examples of such unique provisions. Although the Turkish legal order has internalized modern Western criminal law systems for over a century, Article 104 maintains a type of offense whose roots trace back to the Ottoman criminal law reforms of the mid-19th century. This offense, which seeks to find its place amidst the remnants of the past within modern criminal justice, has been subject to intense doctrinal criticism. Consequently, these debates have led the provision to be challenged before the Constitutional Court on various occasions.'Within the scope of this study, the developmental stages of regulations similar to the offense in TPC Article 104 throughout Turkish legal history, its transformation during the period of Law No. 5237, the material and mental elements of the crime, and doctrinal criticisms are examined. Furthermore, the relationship between this offense and other sexual crimes, mistake of fact (error), procedural characteristics during the investigation and prosecution phases, specific circumstances within the execution regime, and similar regulations in comparative legal systems are analyzed from a holistic perspective in light of high court decisions.