5237 SAYILI TÜRK CEZA KANUNU’NDA AYIRIMCILIK SUÇU

Authors : A Caner YENİDÜNYA

Pages : 97-116

View : 29 | Download : 8

Publication Date : 2006-01-01

Article Type : Research Paper

Abstract :In the this type of crime, the prevention of being sold or turnover of movable or real property or the prevention of execution or use of service or to connect conditions below mentioned whether or not hiring one person or not to give nutrition goods or to refuse a service offered to public or the prevention someone from normal economic activity are sanctioned thereby discriminating among person the means of language, race, colour, sex, disability, political thought, religious belief, religion, sectarian or other similar reasons. The legally protected interest of this crime is mixing quality. Especially it can be said the prevention someone from the fundamental rights and freedoms thereby illegally discrimination. This crime is optional act crime because the crime is completed thereby execution one of acts regulated as three sub-sections in the art.122 of Turkish Penal Code. Otherwise it is only act crime because of completed thereby the execution of one of acts of the prevention, whether or not hiring, refusal. It is not required a result apart from act in this crime. While the acts in the article are interpreted, it is required whether or not going beyond the limit of the conformity reason to law especially the execution of right the freedom of contract. In this point, it is required considering the criteria of “arbitrary discrimination”, “rightful reason”, the respect of honour of mankind”, “the right of being respect equal”, “necessity”, “obligation”, “the conformity to purposes and specialties of the business”, “being balanced and reasonable in the decisions of the Constitutional Court. The mental element of this crime is intent dolus . It is regulated the purpose of perpetrator as an element
Keywords : equality, discrimination, the prohibition of discrimination, the crime of discrimination

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