What Is General Amnesty And Special Amnesty?
WHAT ARE GENERAL AMNESTY AND SPECIAL AMNESTY?
The concept of general amnesty and special amnesty are two important concepts that are basically evaluated within the scope of constitutional and criminal law. General and special amnesty, which have multifaceted features in terms of their effects, have found their place within the scope of the Turkish Penal Code No. 5237. Similarly, various regulations on amnesty can be found within the scope of constitutional law. The concept of amnesty generally causes political debates in our country and has features that are preferred for this purpose.
There are different regulations on amnesty in the Turkish judicial system. The concept of amnesty can be analysed under two different headings: general and special amnesty. Under each heading, new subheadings are divided into different classes within the scope of types, provisions and legal consequences. For this reason, it may be necessary to examine the amnesty in a very wide area. General amnesty and special amnesty are carried out as authorised by law.
WHAT IS THE PLACE OF GENERAL AND SPECIAL AMNESTY IN THE LEGAL SYSTEM?
The concept of amnesty has a wide place in the Turkish legal system, except for the offences and elements for which it is impossible to enact an amnesty law. In terms of its effects; law of obligations, administrative law, criminal procedural law, etc. Although it covers many different areas, amnesty is a concept regulated by criminal and constitutional law. While the constitution constitutes the basic basis of amnesty in general, it regulates the application institutions technically within the scope of criminal law.
In the Turkish legal system, amnesty is regulated under the Turkish Penal Code No. 5237 and the Constitution of the Republic of Turkey No. 2709. The concept of amnesty, which is analysed under two different headings as general and special, is separated in terms of its types and characteristics.
GENERAL – SPECIAL AMNESTY DISTINCTION AND WHAT ARE THE DIFFERENCES BETWEEN THEM?
The differences between general and special amnesty are generally determined according to their legal effects and qualifications. Accordingly
General Amnesty: It can be defined as the dismissal of public cases or the disappearance of the conviction with its consequences.
Special Amnesty: It can be defined as the abolition of the imprisonment sentence whose execution is finalised, the reduction of the duration or the conversion into a fine.
One of the main differences between the two concepts is that in a special amnesty, the consequences of the conviction are not eliminated. Special amnesty can only be applied against a group or individual. However, in a general amnesty, amnesty can be granted against a specific offence.
A special amnesty can be applied only for existing prison sentences, while a general amnesty can be applied for fines and prison sentences. Due to these legal distinctions, both concepts will have different characteristics in terms of their application and legal consequences.
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