Abstract
The crimes included in Art. 65 of the Law on Conservation of Cultural and Natural Assets No. 2863, which is one of the Special Laws, are among the crimes that should be particularly examined in terms of the principle of legality. Because the definitions of the material elements of crimes are not included in the Law No. 2863, the matters that will form the basis of the material elements are often stipulated, changed and expanded through administrative regulations. Even the Law itself could not adapt to this enlargement. Provisions on sustainable conservation and controlled areas of usage are at the forefront of the changes made. The concept of sustainable protection and controlled areas of usage was not mentioned within the scope of Law No. 2863; it was stipulated in the Regulation that these are a type of natural site concept defined in the Law. In addition, the activities that are allowed to be carried out in these areas and the activities that are not subject to permission are left to the Ministry's policy decisions. Subjecting all these founding issues, which will constitute the basis for the formation of the material and moral elements of the crimes, to administrative regulations raises serious questions in terms of the principle of legality, which includes the principle of no crime and punishment without law, especially the prohibition of analogy in criminal law.