Principle Of Universality In Criminal Law
PRINCIPLE OF UNIVERSALITY
The principle of universality is called the principle of universality, which accepts the prosecution of crimes against international cultural values, regardless of where they are committed by whom against whom. It has been adopted to ensure that crimes against the common cultural values of states do not go unpunished. Accepted by international conventions
is an established principle. These conventions impose an obligation on states to prosecute and punish the perpetrator of certain crimes in their territory.
The principle of universality does not derive from the prosecuting state acting in its own interests,
it acts in the interests of the entire community of states. A state acts outside its territory
acts which, although committed, violate or jeopardize the common interests of all States
judgment aims to protect these interests. The principle of universality therefore applies to all legal values
but to protect certain legal values of universal validity.
Our Penal Code also regulates the principle of universality in Article 13, stating that certain crimes are universal wherever they are committed.
regardless of who committed the crime, by whomever and against whomever, it is accepted to be tried in Turkey under certain conditions.
has been used. Some authors have referred to the universal jurisdiction set out in Article 13 as unilateral universal jurisdiction.
characterize it. According to this view, there are two types of universal competence. One is unilateral universal jurisdiction and the other is
is also universal jurisdiction based on representation. This view is considered by some authors in the doctrine as substitute criminal jurisdiction.
characterizes this principle as universal competence based on representation and defines this competence as the principle of universality.
in the scope of the principle of universality.
The conditions for the application of the principle of universality are regulated as follows:
-The crime must be committed in a foreign country. If it is committed in the country or in places considered to be a country, within the framework of the principle of territoriality
It is necessary to make an assessment.
-It is not important whether the crime committed in a foreign country is committed by a citizen or a foreigner. Article 13
the principle of individuality according to the perpetrator will not be applied in the specified cases.
-Genocide and crimes against humanity under the second book, first part of the crimes committed (Art. 76-78),
smuggling of migrants and trafficking in human beings (Art. 79-80), torture (Art. 94, 95), intentional pollution of the environment (Art. 181), drugs or stimulants
manufacture and trafficking (Art. 188), facilitation of the use of drugs or stimulants (Art. 190), money
counterfeiting (Art. 197), and the manufacture and trade in instruments for the production of money and negotiable stamps (Art. 200),
forgery of seals (Art. 202), prostitution (Art. 227), use of sea, rail or air transportation vehicles
kidnapping or detention (Art. 223/2-3) or damaging these vehicles (Art. 152)
must be.
-Prosecution for offenses covered by the principle of universality is subject to the request of the Minister of Justice
dependent. The request is a condition of prosecution.
-Acquittal and acquittal in a foreign country for crimes other than the crimes listed in Articles 76-80 of our Criminal Code
There is no retrial in Turkey if there has been a conviction. However, even if there is an acquittal or conviction for offenses under Articles 76-80.
However, even if a verdict of acquittal or conviction is rendered for the offenses under Articles 76-80, there is no retrial in Turkey.
Trial is possible upon the request of the Minister of Justice. The legislator has decided that in the aforementioned offenses, foreign
did not consider a conviction in the country as an obstacle to the proceedings. Only in acquittal or conviction
but other types of judgments may also be tried in Turkey upon the request of the Minister of Justice.
Here, the types of judgments that require the request of the Minister of Justice are the judgments that resolve the merits of the dispute
refers to.
-The perpetrator must be present in Turkey.
-In order to be tried in Turkey for a crime committed in a foreign country, the act must be committed in the country where it was committed.
It must also constitute an offense according to the law.
Except for the offenses covered by the principle of universality and listed in Articles 76-80 of Article 13
It is stated that Turkey’s jurisdiction in crimes is a subsidiary jurisdiction. Because Turkey is also a party
“extradite or try and punish” is the rule in many international conventions,
the perpetrator must be extradited to the country where the offense was committed, and if he cannot be extradited
should be tried in the country of origin.
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