Akademik Veri Yönetim Sistemi
Dangerousness and Criminal Justice: Dialogue Between Italy and Türkiye, Valentina Bonini,Rahime Erbaş,Selin Türkoğlu, Editör, Pisa University Press, Rome, ss.81-94, 2023
Creating the situation of danger, as the previous dangerous action, imposes a new obligation for the author of creator of that danger. As such, he/she is obliged to take an active action to prevent further har or alleviate the situation. Otherwise, if he/she fails to act, the affected person by this dangerous act get injured or killed, they are held criminally liable due to crime of injury or murder. This chapter focuses on the Turkish law’s adaptation of the previous dangerous action as a source of legal duty to act in omission crimes as well as the arguments and critiques from the German scholars on the matter. Respectively, (2) after showing this concept’s historical background, the following question are raised: (3) Does any need for such a concept in criminal law exist, indeed?; (4) If it does, how can we limit this source of legal duty?; (5) Does this source come to an application after an ex post evaluation?; (6) Is that source a production of case-law? Especially German case-law and; (7) Finally, the conclusion is provided.