Avrupa insan hakları sözleşmesinin 7. maddesi ışığında suç ve cezada kanunilik ilkesi

Abstract

This study touches upon the constitution of criminal law and the principal of legality in universal crime and punishment. To this end, the explanation of this principle, historical process, appearance of principle in comparative law, its development in Turkish law, critiques against it, its arrangement in international criminal law the European declaration of human rights principle and in universal crime law its components, national and international jurisprudence interpretation as to the principle, its existence in branches of other laws about criminal law have been searched. The aim is to give a basic comprehension with regard to the principal legality notion The study strives to illustrate that the principal of legality is a constitutional principle and that it?s a basic issue in criminal law. It also tries to investigate whether the act is defined as a crime in the legislation and to discuss its implementation in jurisprudence and also to illuminate the points in implementation phase. In the course of study, scientific sources, the judgments of Supreme Court, Council of State and ECHR have been referred to. This study also demonstrated that this principle has gained its current position after a long historical process and that it constitutes the very essence of the criminal law which is accepted to the fundamental principle of criminal law. The principle concerned is subject to judicial review and has been widely implemented in both criminal and other related fields. The purpose is to establish a law structure in which the people can feel themselves thoroughly safe.