The Turkish Criminal Law Reform from the Perspective of the Ultima Ratio Principle

AYNURAL Ö. M.

JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI, vol.13, no.2, pp.224-235, 2025 (ESCI, TRDizin)

Abstract

The ultima ratio principle is a well-known and almost universally accepted principle. Although the ultima ratio principle is accepted in criminal law by almost all legal systems, there are differing opinions on the meaning, content, and scope of this principle, and no consensus can be reached. In our view, the ultima ratio is a principle that aims to minimize the restrictions of criminal law on the fundamental rights and freedoms of individuals due to its interventionist nature and to limit criminal law for this purpose. This study sets out our understanding of the ultima ratio principle and evaluates the 2005 Turkish criminal law reform in light of this principle. In this context, the most important innovations and changes brought about by the reform in accordance with the ultima ratio principle are discussed. In this context, in the area of criminal law general provisions, under the principle of legality, the prohibition of the creation of criminal offenses or penalties by administrative orders, the prohibition of analogy, and derivative omission offences; under the principle of fault, aggravated offences by their result, and error of prohibition are included. In the area of criminal law special provisions, the decriminalization of misdemeanors; and in the area of criminal procedure, protective measures are discussed.