scholarly journals The Protection of Bank and Customer Secrets by Criminal Law

2017 ◽  
Author(s):  
Çetin Arslan ◽  
Didar Özdemir
Keyword(s):  
Central Bank ◽  
Criminal Law ◽  
Credit Cards ◽  
Penal Code ◽  
The Other ◽  
Turkish Republic ◽  
Other Hand ◽  
Legal Justification ◽  
General Norm ◽  
Definition Of

The Turkish Penal Code (TPC) no.5237 embodies “the reveal of bank and customer secrets” as a crime. However, neither article 6 of the TPC titled “definitions” nor the legal justification of the article contains the definition of the bank or customer secret. On the other hand, the bank or customer secrets are under guarantee of four different codes. These dispositions can be counted as the article 239 of the TPC, the articles 35 and 68/II/a of the Turkish Republic Central Bank Code dated 14.01.1970 and numbered 1211, the articles 73 and 159 of the Banking Code dated 19.10.2005 and numbered 5411 and also the articles 8, 23 and 31 of the Bank Cards and Credit Cards Code dated 23.02.2006 and numbered 5464. Though, these two special codes do not make a connection to the article 239 of the TPC which constitutes the general norm nor the TPC makes a reference to those dispositions. In this study, we will try to explain first the notions of bank and customer secrets, then the penal norms protecting the bank and customer secrets and last, the elements of the crime disposed in the article 239 of the TPC.

For a Negative, Normative Model of Consent, With a Comment on Preference-Skepticism

Legal Theory ◽  
1996 ◽  
Vol 2 (2) ◽  
pp. 113-120 ◽  
Author(s):  
Donald Dripps
Keyword(s):  
External Force ◽  
Criminal Law ◽  
The Other ◽  
Normative Model ◽  
Bodily Movement ◽  
Other Hand ◽  
Wide Range ◽  
Nervous Disorder ◽  
Definition Of ◽  
Freedom And Responsibility

Let me begin by admitting that I am wary of any comprehensive definition of consent. This bias stems from my professional concentration on criminal law, in which nouons of freedom and responsibility play vital roles in a wide range of contexts. In each context, however, one discovers that freedom means something different. A voluntary act is any bodily movement not caused by external force or nervous disorder. On the other hand, a voluntary act, however horrific its results, ordinarily may be punished only if the actor was subjectively aware that the act was wrong. In any event, a voluntary act may be excused as the product of duress if another person procures the actor's cooperation in the crime by an illegal threat that would overcome the resistance of a person of ordinary firmness.

scholarly journals The Insanity Defence: How Do We Handle Doubt?

2019 ◽  
Vol 7 (1) ◽  
pp. 60-77
Author(s):  
Randi Rosenqvist
Keyword(s):  
Criminal Law ◽  
Practical Knowledge ◽  
The Other ◽  
Legal Definition ◽  
Clear Cut ◽  
Other Hand ◽  
Criminal Insanity ◽  
Definition Of ◽  
Legal Sense

This paper discusses how the legal definition of criminal insanity has been altered several times in the Norwegian criminal law, most recently in June 2019. There are difficulties in communicating between psychiatric experts, legal experts, and lay judges, since the description and understanding of psychotic cognition as well as the definition of legal terms are not equally understood. Not all insanity cases are clear-cut. The Norwegian forensic experts must not conclude that the charged person is considered ‘psychotic’ in the legal sense if they are not clinically sure of this. The courts, on the other hand, must not conclude that a person is ‘sane’ if there is doubt about this. This paper discusses how there is little practical knowledge of how experts and courts handle such doubts, and highlights the lack of discussion of these questions in the legal sources.

Eternal Guests, Mimics, and Dönme: The Place of German and Turkish Jews in Modern Turkey

2007 ◽  
Vol 37 ◽  
pp. 5-30 ◽  
Author(s):  
Kader Konuk
Keyword(s):  
Critical Role ◽  
The Other ◽  
Turkish Republic ◽  
German Jews ◽  
Other Hand ◽  
Turkish Culture ◽  
The Status ◽  
Modern Turkey ◽  
The One ◽  
European Civilization

AbstractThe place of Jews was highly ambiguous in the newly founded Turkish Republic: In 1928 an assimilationist campaign was launched against Turkish Jews, while only a few years later, in 1933, German scholars—many of them Jewish—were taken in so as to help Europeanize the nation. Turkish authorities regarded the emigrants as representatives of European civilization and appointed scholars like Erich Auerbach to prestigious academic positions that were vital for redefining the humanities in Turkey. This article explores the country's twofold assimilationist policies. On the one hand, Turkey required of its citizens—regardless of ethnic or religious origins—that they conform to a unified Turkish culture; on the other hand, an equally assimilationist modernization project was designed to achieve cultural recognition from the heart of Europe. By linking historical and contemporary discourses, this article shows how tropes of Jewishness have played—and continue to play—a critical role in the conception of Turkish nationhood. The status of Erich Auerbach, Chair of the Faculty for Western Languages and Literatures at İstanbul University from 1936 to 1947, is central to this investigation into the place of Turkish and German Jews in modern Turkey.

Devotio and human sacrifice in archaic Italy and Rome

2021 ◽  
Vol 60 (3-4) ◽  
pp. 363-398
Keyword(s):  
Crucial Role ◽  
The Other ◽  
Human Sacrifice ◽  
Roman Religion ◽  
Other Hand ◽  
Mona Island ◽  
Narrow Definition ◽  
Definition Of ◽  
Father And Son ◽  
Very High

Abstract The Roman father and son of the same name, P. Decius Mus, became paragon heroes by deliberately giving their lives in battle that Rome might win over a fierce enemy. Both engaged in a special ritual called devotio (from which our word “devotion” derives) to offer themselves to the gods of the Underworld, with whom regular people have very little interaction and to whom they rarely sacrifice. While the Mus family is the most famous for this act, it turns out the willingness to sacrifice oneself for Rome frequently occurs within stories of great patriots, including the story of Horatius Cocles, Mettius Curtius, Atilius Regulus, and even the traitors Coriolanus and Tarpeia. Romans regarded self-sacrifice as a very high, noble endeavor, whereas they loathed and persecuted practitioners of human sacrifice. It is therefore quite amazing to read that the Romans thrice engaged in state-sponsored human sacrifice, a fact they rarely mention and generally forget. The most famous enemy practitioners of human sacrifice were the Druids, whom the Romans massacred on Mona Island on Midsummer Night's Eve, but the Carthaginians, the Germans, the Celts, and the Thracians all infamously practiced human sacrifice. To Romans, the act of human sacrifice falls just short of cannibalism in the spectrum of forbidden practices, and was an accusation occasionally thrown against an enemy to claim they are totally barbaric. On the other hand, Romans recognized their own who committed acts of self-sacrifice for the good of the society, as heroes. There can be no better patriot than he who gives his life to save his country. Often the stories of their heroism have been exaggerated or sanitized. These acts of heroism often turn out to be acts of human sacrifice, supposedly a crime. It turns out that Romans have a strong legacy of practicing human sacrifice that lasts into the historic era, despite their alleged opposition to it. Numerous sources relate one story each. Collecting them all makes it impossible to deny the longevity of human sacrifice in Rome, although most Romans under the emperors were probably unaware of it. The paradox of condemning but still practicing human sacrifice demonstrates the nature of Roman religion, where do ut des plays a crucial role in standard sacrifice as well as in unpleasant acts like human sacrifice. Devotio was an inverted form of sacrifice, precisely because it was an offering to the gods of the Underworld, rather than to Jupiter or the Parcae. Romans may have forsaken devotio, but they continued to practice human sacrifice far longer than most of us have suspected, if one widens the current narrow definition of human sacrifice to include events where a life is taken in order to bring about a better future for the commonwealth, appease the gods, or ensure a Roman victory in battle.

Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

scholarly journals Unification of Graphs and Relations in Mizar

2020 ◽  
Vol 28 (2) ◽  
pp. 173-186
Author(s):  
Sebastian Koch
Keyword(s):  
Binary Relation ◽  
The Other ◽  
Other Hand ◽  
System 2 ◽  
Definition Of

Summary A (di)graph without parallel edges can simply be represented by a binary relation of the vertices and on the other hand, any binary relation can be expressed as such a graph. In this article, this correspondence is formalized in the Mizar system [2], based on the formalization of graphs in [6] and relations in [11], [12]. Notably, a new definition of createGraph will be given, taking only a non empty set V and a binary relation E ⊆ V × V to create a (di)graph without parallel edges, which will provide to be very useful in future articles.

scholarly journals Handling i narratologien, litteraturen og livet

2006 ◽  
Vol 34 (101) ◽  
pp. 122-139
Author(s):  
Thor Grünbaum
Keyword(s):  
The Other ◽  
Final Part ◽  
Communicative Function ◽  
Other Hand ◽  
The One ◽  
Definition Of

Action in Narratology, Literature, and LifeIn this article I argue that the representation of simple, bodily action has the function of endowing the narrative sequence with a visualizing power: It makes the narrated scenes or situations ready for visualization by the reader or listener. By virtue of this visualizing power or disposition, these narrated actions disrupt the theoretical divisions, on the one hand, between the narrated story and the narrating discourse, and on the other hand, between plot-narratology and discourse-narratology. As narrated actions they seem to belong to the domain of plot-narratology, but in so far as they serve an important visualizing function, these narrated actions have a communicative function and as such they can be said to belong to the domain of discourse-narratology. In a first part of the article, I argue that a certain type of plot-narratology, due to its retrospective epistemology and abstract definition of action, is unable to conceive of this visualizing function. In a second part, I argue that discourse-narratology fares no better since the visualizing function is independent of voice and focalization. In a final part, I sketch a possible account of the visualizing function of simple actions in narratives.

scholarly journals TINJAUAN TENTANG SISTEM PEMIDANAAN DALAM PERBARENGAN TINDAK PIDANA MENURUT KUHP

2019 ◽  
Vol 9 (2) ◽  
pp. 120
Author(s):  
Fahrurrozi Fahrurrozi ◽  
Abdul Rahman Salman Paris
Keyword(s):  
Criminal Law ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
The Other ◽  
Penal System ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
Joint Crime

This study discusses the forms of crime in the context of criminal acts or the comparison of criminal acts (same loop) that occur in society. This happens where one person commits a crime, but it is not uncommon for one person to commit several functional crimes at the same time in the same place. On the other hand, there is also one person who determines the number of crimes at different times in different locations which in criminal law is known as the term of criminal acts or sharing criminal acts (same loop) or in Dutch is same loop van Strafbare Feiten. This study uses a normative method using qualitative descriptive analysis. The results of this study indicate that there are three forms of criminal acts namely Concursus Idialis, continuing actions and realist Concursus while the penal system in the proportion of criminal acts can be applied to three methods, namely Stelsel absorption, cumulative Stelsel, and limited cumulative Stelsel.Keywords: criminal code; criminal system; joint crime. AbstrakPenelitian ini membahas tentang bentuk-bentuk kejahatan perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) yang terjadi di dalam masyarakat. Hal tersebut bisa terjadi dimana satu orang melakukan satu kejahatan tapi tidak jarang terjadi satu orang melakukan beberapa kejahatan baik dalam waktu yang sama di tempat yang sama. Disisi lain, ada juga satu orang yang melakukan beberapa kejahatan pada waktu yang berbeda di tempat yang berbeda pula yang dalam hukum pidana dikenal dengan istilah perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) atau dalam bahasa belanda ialah sameloop van strafbare feiten. Penelitian ini menggunakan metode normatif, dengan menggunakan analisis deskriptif kualitatif. Adapun hasil penelitian ini menunjukkan bahwa ada tiga bentuk perbarengan tindak pidana yaitu concursus idialis, perbuatan berlanjut dan concursus realis sedangkan sistem pemidanaan dalam perbarengan tindak pidana dapat diterapkan tiga stelsel yaitu stelsel absorpsi, stelsel kumulasi dan stelsel kumulasi terbatas.Kata kunci: KUHP; sistem pemidanaan; perbarengan tindak pidana.

scholarly journals El poder subversivo de la fábula en sus diversas manifestaciones diacrónicas

2015 ◽  
pp. 153
Author(s):  
Gordana Matic
Keyword(s):  
Key Words ◽  
19Th Century ◽  
The Other ◽  
Critical Aspect ◽  
Other Hand ◽  
Palabras Clave ◽  
Moral Aspect ◽  
Definition Of ◽  
Historical Periods ◽  
Selection Of

<div class="WordSection1"><p><strong>Resumen</strong></p><p>La fábula ha tenido desde siempre una función retórica e ilustrativa que se ha manifestado a lo largo de la historia de modo dual: mostraba para enseñar, lo que muchas veces implicaba el componente moralizador, o para criticar. Mientras se empeñaba en conseguir una de las dos intencionalidades, o las dos simultáneamente, ha podido ser revestida de un tono humorístico, burlón, irónico o sarcástico. Partiendo de las observaciones sobre el género de Fedro, Rodríguez Adrados o Mireya Camurati, en este trabajo nos proponemos analizar una selección de fábulas clásicas, medievales, dieciochescas y decimonónicas, para demostrar que el aspecto crítico e incluso subversivo del género se mantiene abiertamente activo aun en las épocas en las que se potencia su intención didáctico-moralizante.</p><p>Palabras clave: fábula, definiciones del género, estudio diacrónico, aspecto crítico, aspecto didáctico-moralizante</p><p> </p><p><strong>Abstract</strong></p><p>The fable has always had a rhetoric and illustrative function that manifested itself during its long history in two different ways: on one hand, it represented an example in order to teach, which usually implied the moral component, or on the other hand, to criticize. While it strived to achieve one of these intentions, or sometimes both simultaneously, it could have been written in a humorous, mocking, ironic or sarcastic tone. In this paper, we analyze a selection of classical and medieval, 18th and 19th century fables written in Spanish, with definitions proposed by Phaedrus, Rodríguez Adrados and Mireya Camurati as starting points, in order to show that the critical aspect of this genre was openly maintained and taken benefit of even in the historical periods when its didactic and moralizing intention was preferred and strongly emphasized.</p></div><p>Key words: fable, definition of genre, diachronic approach, critical aspect, didactic and moral aspect</p><p> </p>

scholarly journals Desplazados medioambientales y Derechos Humanos: una construcción conceptual sine qua non para su protección jurídica internacional | Environmental displaced people and human rights: a conceptual construct as previous step for their international legal protection

2019 ◽  
pp. 255
Author(s):  
Daniel Gracia Pérez
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The Other ◽  
International Protection ◽  
Derechos Humanos ◽  
Other Hand ◽  
Displaced People ◽  
Definition Of ◽  
Previous Step

Resumen: El presente trabajo parte de la hipótesis de que no es posible diseñar un régimen de protección internacional para las personas desplazadas por disrupciones medioambientales sin antes aclarar qué se entiende por “desplazado medioambiental” y cómo se ha llegado a tal entendimiento. Así, el artículo se estructura en dos partes. La primera de ellas pretende reconstruir el íter que ha configurado la figura del desplazado medioambiental en el pensamiento académico, tanto desde los estudios medioambientales como desde los migratorios. La segunda, por su parte, analiza la primera definición de desplazado ambiental, con vocación jurídica, que aparece en plano internacional y la influencia que en su redacción han tenido las corrientes anteriores. Abstract:  This paper is based on the hypothesis that it is not possible to design an international protection regime for people displaced by environmental disruptions without first clarifying what is meant by "environmental displaced" and how this understanding has been reached. Thus, the article is structured in two parts. The first of them aims to reconstruct how the concept of environmentally displacement has been shaped in academic thinking, both from environmental and migratory studies. The second one, on the other hand, analyzes the first definition of environmental displaced which appears, with a legal vocation, on the international scene and the influence that those previous streams have had on it.

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