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EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW

Sayı: 29 15 Ocak 2025
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EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW

Öz

It is important to reveal the scope of criminal responsibility from the perspective of the psychiatric impact of COVID-19 pandemic on individuals. Moreover, drugs used in the treatment of coronavirus may have psychiatric side effects, and these drugs also have the capacity to interact with psychiatric drugs and cause negative outcomes. Although this is no longer a specific consequence of the coronavirus (it could also be the result of another serious illness), it is generally caused by it. In this study, whether the psychiatric cases in question can be evaluated within the scope of mental illness regulated in article 32 of the Turkish Penal Code (TPC) and transitory reasons regulated in article 34 of the TPC will be discussed. The effect of negligence of the person in catching the coronavirus on the applicability of article 34 will also be examined regarding transitory reasons. It will be discussed that psychiatric conditions caused by coronavirus may be a reason that removes or reduces culpability regarding criminal responsibility. Finally, a short comparative legal look at German criminal law is thrown, which in § 20 StGB also regulates the state of incapacity due to illness and in § 21 StGB the reduced criminal responsibility.

Anahtar Kelimeler

Kaynakça

  1. A. Table of Cases
  2. General Assembly of Criminal Chambers of Court of Cassation, F.1983/1-416, D.1984/79, 27.02.1984.
  3. General Assembly of Criminal Chambers of Court of Cassation, F.2014/830, D.2016/185, 12.4.2016.
  4. 1st Criminal Chamber of Turkish Court of Cassation, F..2011/4148/, D.2011/5979, 17.10.2011.
  5. 1st Criminal Chamber of Turkish Court of Cassation, F.2011/4707, D.2012/3793, 10.05.2012.
  6. 3rd Criminal Chamber of Turkish Court of Cassation, F.2013/7332, D.2014/5563, 17.02.2014.
  7. 4th Criminal Chamber of Turkish Court of Cassation, F.2013/9811, D.2014/32842, 13.11.2014.
  8. 4th Criminal Chamber of Turkish Court of Cassation, F.2013/32707, D.2014/36761, 22.12.2014.

Ayrıntılar

Birincil Dil

İngilizce

Konular

Hukuk (Diğer)

Bölüm

Araştırma Makalesi

Yazarlar

Bernd Heinrich * Bu kişi benim
Germany

Erken Görünüm Tarihi

14 Ocak 2025

Yayımlanma Tarihi

15 Ocak 2025

Gönderilme Tarihi

10 Temmuz 2024

Kabul Tarihi

8 Ocak 2025

Yayımlandığı Sayı

Yıl 2025 Sayı: 29

Kaynak Göster

APA
Ateş, H., Taş, B., & Heinrich, B. (2025). EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW. Law and Justice Review, 29, 87-102. https://izlik.org/JA37FL59WG
AMA
1.Ateş H, Taş B, Heinrich B. EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW. L&JR. 2025;(29):87-102. https://izlik.org/JA37FL59WG
Chicago
Ateş, Hüseyin, Burak Taş, ve Bernd Heinrich. 2025. “EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW”. Law and Justice Review, sy 29: 87-102. https://izlik.org/JA37FL59WG.
EndNote
Ateş H, Taş B, Heinrich B (01 Ocak 2025) EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW. Law and Justice Review 29 87–102.
IEEE
[1]H. Ateş, B. Taş, ve B. Heinrich, “EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW”, L&JR, sy 29, ss. 87–102, Oca. 2025, [çevrimiçi]. Erişim adresi: https://izlik.org/JA37FL59WG
ISNAD
Ateş, Hüseyin - Taş, Burak - Heinrich, Bernd. “EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW”. Law and Justice Review. 29 (01 Ocak 2025): 87-102. https://izlik.org/JA37FL59WG.
JAMA
1.Ateş H, Taş B, Heinrich B. EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW. L&JR. 2025;:87–102.
MLA
Ateş, Hüseyin, vd. “EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW”. Law and Justice Review, sy 29, Ocak 2025, ss. 87-102, https://izlik.org/JA37FL59WG.
Vancouver
1.Hüseyin Ateş, Burak Taş, Bernd Heinrich. EVALUATION OF PSYCHIATRIC DISORDERS CAUSED BY CORONAVIRUS DISEASE IN TERMS OF CRIMINAL LIABILITY FROM THE PERSPECTIVES OF TURKISH AND GERMAN CRIMINAL LAW. L&JR [Internet]. 01 Ocak 2025;(29):87-102. Erişim adresi: https://izlik.org/JA37FL59WG