Türk Ceza Hukukunda Kamu Görevlisi
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Sosyal Bilimler Enstitüsü
Abstract
This study examines the concept of the public official in Turkish criminal law. Although Article 6/1-c of
the Turkish Criminal Code No. 5237 defines a public official as a “person participating in the conduct of a
public activity,” the concept of public activity itself is not a predefined notion in criminal law.
In order to set out the theoretical foundations of the concept of the public official, the first chapter begins
with a theoretical examination of the concept of public activity. Within this framework, public activity is
explained in light of the meaning and principles attributed to it in criminal law, drawing also on the doctrine
of public service; the concept of the public official is then defined on the basis of this explanation. The legal
regime of the public official is subsequently examined with regard to the relevant branches of law and to
criminal law, and the distinctive features of the concept of the public official in criminal law are identified.
The second chapter addresses the interpretation of the statutory definition of the public official. In this
context, the principles governing the interpretation of definitional norms and the relationship between the
definition and the principle of legal certainty are analyzed, and those aspects of the current regulation that
are incompatible with this principle are identified. A distinction is drawn between the interpretation of the
definitional norm and the interpretation of the criminal provisions referring to that definition; the criteria
employed in legal scholarship and in the case law of the Court of Cassation (Yargıtay) to limit the scope of
the concept are critically assessed within the framework of this distinction. Finally, the study advances the
proposal that, while the scope of the definitional norm is preserved, the legal consequences attached to the
capacity of public official be limited by means of the teleological-functional method, through the
connecting element contained in the criminal provision.