Şahin, Meral Ekici

According to Turkish Criminal Code 37/2 Also, a person who uses another person in commission of a crime is also kept responsible as the offender. With this regulation, indirect perpetration has gained a legal framework. However, there are still many debates ongoing about indirect perpetration. In this study, the probability of committing offenses in negligent behaviour and committing particular offenses as an indirect perpetrator; the mistake of indirect perperator; determination of criminal responsibility of the background person in the condition of the intermediary person s exceeding in limit, falling in mistake and deviation; moral element in indirect perpetration and attempts to commit an offence were considered and discussed in detail.

Şahin, Meral Ekici

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Özen, Muharrem; Ekici Şahin, Meral

The word “euthanasia”, first used by Bacon, refers to nice and happy death. In medical context, euthanasia means intervention undertaken with the intention of ending a life, to relieve intractable suffering caused by an incurable illness. In this article, historical evolution of euthanasia is indicated concisely. Thereinafter, sorts of euthanasia; active euthanasia, passive euthanasia and indirect euthanasia are explained. Arguments for and against euthanasia are evaluated. It is displayed how euthanasia is taken into consideration in positive laws. In this context, Italian, German and Swiss Penal Codes are appraised. Euthanasia is not excused in western law systems. However, it is considered to be an independent and different crime when compared to manslaughter and has less penalty. The example of Holland, where euthanasia is not considered as a crime, is emphasized. Finally, upon being active or passive, euthanasia is evaluated in respects of constitutional principles, absoluteness of right to life and honor