The principle of legality is one of the most fundamental safeguards of criminal law. "Nullum crimen sine lege" (there is no crime without law). It is regulated in Article 38 of the Constitution and Article 2 of the Turkish Penal Code.
Scope of the Principle
- There is no crime without a law
- There is no punishment without a law
- Prohibition of retroactivity
- Prohibition of comparison (expanding the type of crime is prohibited)
- Principle of specificity (crime). (The definition must be clear)
Application of the Law in Favor (TCK Art. 7)
If the law at the time the crime was committed and the law that came into force later are different, the one in favor of the perpetrator shall be applied. This seems like an exception to the prohibition of retroactivity, but it is actually a rule of application of the law in favor.
Constitutional Court Approach
The Constitutional Court emphasizes that the principle of specificity requires "the ability to predict whether the behavior of an average citizen will constitute a crime" and that very general/vague expressions are contrary to the principle of legality.
The Supreme Court emphasizes. CGK
CGK accepts that the prohibition of analogy is absolute in criminal law, but "interpretation" is possible (within the logical limits of the crime). Interpretation and comparison are different.
Administrative Sanctions
The principle of legality is also applied to administrative fines (Law of Misdemeanors).
Criminal defense is recommended.