PRINCIPLE OF UNIVERSALITY
The principle that it is accepted that crimes against international cultural values are prosecuted, no matter where they are committed by whom against whom, is called the principle of universality. It has been adopted so that crimes against the common cultural values of states do not go unpunished. It is a principle accepted by international conventions. These conventions impose an obligation on states to try and punish the perpetrator in their country if certain crimes are committed. The principle of universality derives its source not from acting in the interests of the state making the prosecution, but from acting in the interests of the entire community of states. A state seeks to protect these interests by prosecuting acts committed outside its country that violate or endanger the common interests of all states. Therefore, the principle of universality is not an accepted principle for all legal values, but to preserve certain legal values that have universal validity. Our Criminal Code also defines the principle of universality 13. in the article, he agreed that some crimes should be tried in Turkey under certain conditions, no matter where they are committed, no matter who is committed against whom. Some authors 13. they describe the Universal Authority regulated in the article as a unilateral universal authority. According to this view, there are two types of universal authority. One is a one-sided universal authority, and the other is a universal authority based on representation. In this view, some authors characterize the principle of substitution criminal justice as universal authority based on representation and evaluate this authority within the framework of the principle of universality.
The conditions for the application of the principle of universality are arranged as follows:
– Crime must be committed in a foreign country. In accordance with the principle of ownership, if it was processed in a country or in places considered a country
evaluation is required.
– It does not matter that a crime committed in a foreign country is committed by a citizen or a foreigner. 13. references
in the cases specified, the principle of personality will not be applied according to the perpetrator.
– Genocide and crimes against humanity contained in the second book, part one of the crimes committed (article 76-78),
migrant trafficking and human trafficking crimes (article 79-80), torture (article 94, 95), deliberate pollution of the environment (article 181), a drug or stimulant
manufacture and trade (article 188), facilitating the use of drugs or stimulants (article 190), parada
forgery (article 197), manufacture and trade of means for the manufacture of money and precious stamps (article 200),
forgery in the seal (article 202), prostitution (article 227), by sea, rail or air transport
abduction or detention (article 223/2-3) or damage committed against these vehicles (article 152) crimes
you must have.
– At the request of the Minister of Justice to be tried for crimes contained in the principle of universality
depends. The request is a condition of prosecution.
– M of our Criminal Code. Acquittal in a foreign country for crimes other than those contained in 76-80, and
a retrial in Turkey is out of the question if a conviction has been handed down. But 76-80.
even if an acquittal or conviction is decided for the crimes contained in the articles, it is repeated in Turkey
the trial is possible at the request of the Minister of Justice. The legislator is a foreigner in the crimes in question
he did not see sentencing in the country as an obstacle to trial. Only in acquittal or conviction
not in other types of provisions, a trial can be held in Turkey at the request of the Minister of justice.
Types of provisions requiring the request of the Minister of justice here provisions that resolve the merits of the dispute
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– The perpetrator must be present in Turkey.
-In order to be tried in Turkey for a crime committed in a foreign country, the country in which the act was committed
according to the law, it should be a crime.
Remaining within the scope of the principle of universality and 13. article 76-80. except for the crimes contained in its articles
in crimes, it is stated that Turkey’s jurisdiction is a secondary authority. Because Turkey is also a party
in many international conventions, the rule” either extradite or judge and punish ” applies,
because of these crimes, the perpetrator must be extradited to the country where the crime was committed, if it cannot be extradited
it is said that he should be tried in the country.
