Çevre Ceza Hukukunun İdari Bağlılığı


BALCI M.

JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI, vol.10, no.1, pp.41-95, 2022 (Journal Indexed in ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 10 Issue: 1
  • Publication Date: 2022
  • Doi Number: 10.26650/jplc2022-1080498
  • Title of Journal : JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI
  • Page Numbers: pp.41-95
  • Keywords: Environmental offense, Endangerment offense, Administrative dependence

Abstract

The aim of this paper is to examine administrative dependence, which is one of the important issues of environmental criminal law. Although there are extensive studies on the subject in German Environmental Criminal Law, there are few studies examining the subject in Turkish law. In this paper, first of all, the necessity of criminal law intervention in the protection of the environment will be discussed. This point is important because it is necessary to establish that the tendency toward the protection of the environment only within the scope of administrative law is not appropriate. The paper comprises the examination of administrative dependence within the framework of the general principles of criminal law; thus, administrative environmental law will not be assessed. The effect of administrative dependence, which comes to the fore because environmental criminal law is related to both administrative law and criminal law, constitutes the main framework of the paper. In this context, the gradation of administrative dependence in terms of the regulation of environmental offenses will be included. To provide the integrity of the subject, the forms of administrative dependence will be examined and the problems arising within the scope therein will be discussed.