WHAT IS THE DIFFERENCES BETWEEN CRIME AND MISDEMEANOR?
In essence, the concepts of crime and misdemeanor refer to
acts that are not tolerated by the legal order in Turkish Law. Just as the act
constituting a crime is an injustice, the act constituting a misdemeanor is
also an injustice. In other words, these two concepts essentially mean the same
thing. Although they are essentially the same, they are quantitatively
different. Crime expresses a greater injustice than misdemeanor. Because of
this idea, the acts envisaged as crimes are subject to more severe sanctions.
A crime is an unjust human behavior that constitutes a
violation of the legal values that must be protected in order to maintain
social order. Misdemeanor, on the other hand, is an injustice for which an
administrative sanction is envisaged.
While penalties and security measures are envisaged as
sanctions for crimes, administrative fines and administrative measures are
envisaged for misdemeanors.
Criminal convictions are recorded in the judicial registry.
Administrative sanctions imposed for misdemeanors are not recorded in the
registry in any way.
It is not possible to prescribe a sentence binding the
liberty for misdemeanors.
In terms of participation, there is a principle of
distinction in crimes. No one can be held responsible for anyone else's
actions. However, the situation is completely different in misdemeanors.
Everyone who participates in the commission of the misdemeanor is accepted as
the perpetrator.
While there are reasons that reduce culpability in criminal
law, there is no such situation in misdemeanors.
In crimes, the criminal liability of legal entities for the
acts of the perpetrator is not accepted. However, in misdemeanors, legal
entities are also liable for administrative sanctions.
In Turkish criminal law, persons who have not completed the
age of 12 at the time of committing the act are not criminally liable. Only
security measures are applied to these persons. In misdemeanors, those who have
not completed the age of 15 at the time of committing the act are not held
liable for administrative fines.
In criminal law, it is accepted that crimes and penalties
cannot be prescribed by the regulatory acts of the administration. However, it
is accepted that the content of the framing provision can be filled by the
general and regulatory acts of the administration.
In the Turkish Criminal Code, the principle of legality in
crime and punishment is valid and this principle of legality has not been
stretched in any way by giving any authority to the administration. On the
other hand, in the Turkish Law on Misdemeanors, the principle of legality is
softened by stating that the acts that will constitute misdemeanors can be
determined by the administration, provided that the main norm is adhered to,
and the administration is authorized in this regard. However, no authority is
given to the administration in determining the type and amount of sanctions for
misdemeanors.
The Turkish Law on Misdemeanors differs from the Turkish
Criminal Code in terms of attempt. According to the TCC, a person is held
responsible for attempting a crime, while according to the Turkish Law on
Misdemeanors, a person is not held responsible for attempting a misdemeanor.
The TCC and the Law on Misdemeanors have different
regulations on cumulation. In the TCC, the person is punished for the crime
that requires the heaviest penalty among the crimes committed in case of
cumulation. In the Law on Misdemeanors, in case of cumulation, if more than one
misdemeanor requires an administrative fine, it is punished for the misdemeanor
that prescribes the highest administrative fine, but if these misdemeanors
stipulate different sanctions, it is held responsible for each of these
sanctions separately.
If an act constitutes both a crime and a misdemeanor, only
the misdemeanor is sanctioned unless sanctions cannot be imposed for the crime.
In other words, if a penalty cannot be imposed for any reason due to the crime,
sanctions may be imposed for the misdemeanor.
This article is intended for general informational purposes
only and not intended as a substitute for the advice and counsel of a criminal
defense attorney. If you want to contact an English-speaking
criminal lawyer in Istanbul for more information you can contact our office.
