ABSTRACT

Since the beginning of this millennium, and especially after the entry into force of the new Turkish Penal Code (TPC) which is strongly influenced by German academic writings. The moral elements refer to intention and negligence, as well as motive in certain crimes. An act committed in self-defence shall not be punished subject to certain conditions. There are also some provisions that provide for special instances of state of necessity, such as the trading of organs or tissues, illegal abortion, and regarding theft. No punishment shall be imposed upon a person who commits a criminal offence as a result of an irresistible or inevitable use of force or violence against himself. The TPC embodies the Classical School concept of the moral responsibility of the perpetrator. With regard to mental disorder or infirmity, TPC makes a three-fold distinction. TPC Article regulates the situation of a person who is under the effect of a so-called 'transitory reason', or of involuntary intoxication.