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Violent Sexual Crimes Provided for by the Legislation of the Republic of Turkey

https://doi.org/10.21869/2223-1501-2022-12-4-50-61

Abstract

Relevance. In recent years, the issue of improving criminal liability for sexual crimes has become relevant again. The work plan of the State Duma of the Russian Federation includes relevant topics with discussion of the possibility of borrowing the most preferred decisions of legislators of foreign states.
The purpose. The work is devoted to determining the signs of violent sexual crimes under the legislation of the Republic of Turkey in order to identify the quality and effectiveness of legal regulation.
Objectives: to determine the range of violent sexual crimes; to establish their objective and subjective signs; to analyze qualifying signs; to study the practice of applying the relevant norms.
Methodology. In the process of working on the study, traditional private scientific and general scientific methods were used for criminal law research.
Results. The specific object of violent sexual crimes (Articles 102-103 of the Criminal Code of Turkey) is sexual inviolability. The current criminal law has changed the socio-legal value to be protected: now the interests of the individual are at the forefront. This step is evidence that the right of a person to independently and freely determine his sexual behavior is recognized at the state level. A socially dangerous act consists of committing sexual violence or sexual touching. Sexual violence is sexual behavior that violates the physical integrity of another person. At the same time, sexual behavior refers to actions aimed at satisfying sexual needs that do not form a sexual act in traditional usage. Acts of a sexual nature with penetration into the body form qualified elements of crimes. Sexual touching, unlike sexual acts, is short-lived and consists only of touching various parts of the victim's body, including over clothes or through any objects.
Conclusion. The results of the study can have a favorable effect on domestic law, including by receiving the most successful decisions of the Turkish legislator.

About the Author

Arseniy A. Bimbinov
Kutafin Moscow State Law University (MSAL)
Russian Federation

Cand. of Sci. (Juridical), Associate Professor of the Department of Criminal Law

9 Sadovaya-Kudrinskaya Str., Moscow 125993



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Review

For citations:


Bimbinov A.A. Violent Sexual Crimes Provided for by the Legislation of the Republic of Turkey. Proceedings of Southwest State University. Series: History and Law. 2022;12(4):50-61. (In Russ.) https://doi.org/10.21869/2223-1501-2022-12-4-50-61

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ISSN 2223-1501 (Print)