Sağır ve Dilsiz Olma Durumunun Ceza Sorumluluğuna Etkisi ve Türk Ceza Kanunu Düzenlemesi

This article discusses the impact of deafness and muteness, as regulated under Article 33 of the Turkish Penal Code, on criminal liability. In this context, the concept of criminal responsibility will first be addressed and examined in light of various doctrinal views. Subsequently, under the heading of deafness and muteness, the behaviors of deaf-mute individuals, their communication difficulties, the correlation of this condition with birth and age, the systems applied regarding their criminal liability, and scholarly opinions on these systems will be analyzed. The regulation concerning deafness and muteness in the Turkish Penal Code will then be scrutinized, and the perspective adopted by the law with respect to deaf-mute individuals of different age groups will be revealed within the framework of the statutory provision. Following this, a critical approach will be employed to evaluate the relevant legal framework, and our opinions on the matter will be expressed. The study concludes with our views on the necessary legal amendments within the context of lex ferenda.

Publication Details

Journal
Çukurova Üniversitesi Hukuk Araştırmaları Dergisi
Published
2025-04-14
Primary Topic
Legal Issues in Turkey
Type
article
Field-Weighted Citation Impact
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article

Sağır ve Dilsiz Olma Durumunun Ceza Sorumluluğuna Etkisi ve Türk Ceza Kanunu Düzenlemesi

Çukurova Üniversitesi Hukuk Araştırmaları Dergisi
Legal Issues in Turkey
article

Sağır ve Dilsiz Olma Durumunun Ceza Sorumluluğuna Etkisi ve Türk Ceza Kanunu Düzenlemesi

article en

Abstract

This article discusses the impact of deafness and muteness, as regulated under Article 33 of the Turkish Penal Code, on criminal liability. In this context, the concept of criminal responsibility will first be addressed and examined in light of various doctrinal views. Subsequently, under the heading of deafness and muteness, the behaviors of deaf-mute individuals, their communication difficulties, the correlation of this condition with birth and age, the systems applied regarding their criminal liability, and scholarly opinions on these systems will be analyzed. The regulation concerning deafness and muteness in the Turkish Penal Code will then be scrutinized, and the perspective adopted by the law with respect to deaf-mute individuals of different age groups will be revealed within the framework of the statutory provision. Following this, a critical approach will be employed to evaluate the relevant legal framework, and our opinions on the matter will be expressed. The study concludes with our views on the necessary legal amendments within the context of lex ferenda.

Çukurova Üniversitesi Hukuk Araştırmaları Dergisi
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Legal Issues in Turkey
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