Belirlilik İlkesi Bakımından Terör ve Terör Suçları

Tür:

Kitap Bölümü

Yazar:

Zeynel T. Kangal

Yayın yılı:

2023

Yayıncı:

Türkiye Bilimler Akademisi

The concept of terror, which is tried to be decribed in national and international legislation, has a wide range of definitions. However, a common definition of what exactly terror is has not been reached. It is also not entirely clear what should be understood by terror offenses. Although the Law on Fight Against Terror includes various terror offenses, it fails to provide a functional definition. The Law on Fight Against Terror has defined terror. Yet this definition is vague and inadequate, and the legislator did not consider itself bound by this definition in the creation of terror offenses and could search for other criteria. The subject of the presentation is how much the principle of certainty, which is one of the sub-elements of the principle of legality in crime and punishment, is taken into account in the definition of the concept of terror and the creation of terror offenses. The balance between security and liberty can be easily distorted in favor of security through unclear crime definitions. Vague wording allows legal practitioners to easily stretch the norms on terror offenses. Even some acts that are not organized or do not involve force or incitement to force can be considered as terror offences and many fundamental rights and freedoms, particularly freedom of expression, can be easily restricted. The ambiguity of the definitions regarding terror, terrorist organization and terror offences constitutes a departure from the principle of the rule of law.

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