Suçun Kamusallığı Bağlamında Devletin Mağdur Sıfatı

Abstract

In the modern period, the concept of publicness corresponds to a process based on the production of common values rather than human activities carried out in a physical space. At the point of determining common values, the modern capitalist legal state, within the framework of the relations of production it contains, has a function that both produces policies according to these relations and controls and regulates them by positioning itself apart from them. In this context, the state, which is a sphere of power and relations, fulfills its regulatory and supervisory role through its ideological apparatuses with the aim of maintaining the conditions of public existence based on the reproduction of these relations and the capital accumulation process in its modern formation; it resorts to the apparatus of repression as a last resort against acts that violate the legal order it has constructed and expose the public order to harm or danger. In this context, crime is a public phenomenon and the state is the victim of every crime committed.