Two Aspects of Consent in Criminal Law: Consent, Which Prevents the Typical Act and Consent, which is the Justification

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DEMİREL M.

ISTANBUL HUKUK MECMUASI, cilt.78, sa.3, ss.1469-1523, 2020 (ESCI) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 78 Sayı: 3
  • Basım Tarihi: 2020
  • Doi Numarası: 10.26650/mecmua.2020.78.3.0010
  • Dergi Adı: ISTANBUL HUKUK MECMUASI
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Sayfa Sayıları: ss.1469-1523
  • İstanbul Üniversitesi Adresli: Evet

Özet

There are individual immunities in many areas such as life, body and sexual freedom. As a rule, these untouchable areas cannot be affected in anyway. However, a person can give a consent against these kinds of acts. These acts do not constitute injustice in the presence of certain circumstances with the consent of the person. This can be done in two ways. Firstly, the consent can fall into the typicality and thus hinder the realization of the typicality. Secondly the consent can be a justification under the element of illegality. The effect of consent thus depends on where the consent is. In fact, in both cases, the act committed will be legal with consent. However, the conditions and consequences of consent vary according to the position of consent. In this review, the conditions of consent and the consequences of consent are discussed in detail according to its position.