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Tehlike Arz Eden Hayvanı Sokağa Terk Etme Kabahatinin İçtima Hükümleri ve “Non Bıs In Idem” İlkesi Bağlamında Değerlendirilmesi

Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.5, No. 2)

Publication Date:

Authors : ;

Page : 629-646

Keywords : Dangerous Animal; Misdemeanor; Aggregation; Non bis in idem; Potential Endangerment Offence.;

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Abstract

The act of abandoning dangerous animals (an animal which constitutes a danger) on the street is regulated as a misdemeanor in the temporary Article 3/4 of the Animal Protection Code No. 5199. This act was regulated a misdemeanor for the first time with the Code No. 7332, which entered into force on 14 July 2021. To create a new misdemeanor, it must firstly be needed. The main source of the need is the necessity of the threat of sanction for the act or acts for which no criminal or administrative sanction is foreseen. However, the new misdemeanor must be compatible with other offences and misdemeanors, which are a similar nature. At this point, the aggregation of offences/misdemeanors and the principle of non (ne) bis in idem come to the fore. In our study, the necessity and expediency of the misdemeanor, abandoning dangerous animals on the street, will be assessed in the context of these institutions. These assessments will also be a guide for new misdemeanors to be created.

Last modified: 2022-12-30 21:10:05