Vatana İhanet Kavramı ve Suçu

It is accepted that the crime of treason, which is called “Crimen Laesae Maiestatis” in Roman Law, appeared for the first time in Roman law as crimes committed against paternal family. In the early period, the crime of murder, called parricidum, was considered as a crime of treason, as it was seen as disrupting social stability, and now the concept of perduellio, which includes parricidum crimes, has been used to describe treason crimes. The common feature of all acts considered as perduellio is the presence of the “hostilis animus” or “intention to harm society” in the perpetrator, which is a kind of special intent. The most serious crimes against the state, with the exception of perduellio, are called crimen laesa maiestas. These crimes appear as crimes regulated in special laws that started around 103 BC with “Lex Appuleia De Maiestate” and ended with “Digesta”. Crimes committed against the holy and untouchable person of the king in Medieval Europe under the influence of Roman law were also described as crimes of treason. XIX. In the 21st century, these crimes have been examined under the heading of political crimes. Although there is no crime called treason in our current law, it would not be wrong to say that various crimes that can be described under this heading are in the Turkish Criminal Code, by looking at our comparative law and legal history. This study focuses on ordinary citizens, rather than simply revealing the President's political or criminal responsibility in the context of treason. As a matter of fact, the availability of sufficient studies in the literature regarding the responsibility of the President makes such an operation unnecessary. In this study, firstly, following the historical origin of the crime of high treason in various legal systems, treason crimes in comparative law and finally the crime of treason in Turkish legal doctrine (not limited to the responsibility of the President) will be discussed, and in the conclusion part, it will be tried to answer the question of which crimes can be considered as treason in Turkish law.