İdarî Yaptırımlarda Lehe Kanun İlkesi

Abstract

One of the tools used by the administration to fulfill its obligation to maintain order is administrative sanctions. In our country, there are rules in many special laws as well as the Law on Misdemeanors No. 5346 regarding the authority of the administration to impose sanctions. The legal supervision of the sanction decisions established by the administration while using this authority is carried out by the judicial bodies. One of the issues to be taken into consideration in the judicial review of administrative sanctions is the rule of enforcing the laws in terms of time. This rule is regulated in Article 7 of the Turkish Penal Code No. 5237. The article basically stipulates that nobody can be punished for an act that was not considered a crime as of the date of the crime and that the law in favor of the person concerned will be applied if the provisions of the law in force at the time of the crime are different from the laws that came into force later.

However, it is the duty of the judicial bodies to determine whether the principle of favor of law can be applied in the context of the physical fact, if the legislator does not make any other regulation other than the general rule in question. In the 5th article of the Misdemeanor Law, the interpretation of the judicial bodies gains importance because there is no special rule for the implementation of the principle of law in administrative sanctions other than the general reference to the Turkish Penal Code. Therefore, it is possible to encounter different judicial interpretations of the principle of law in favor within the context of the specific circumstances.

The aim of the study is to reveal the interpretation of the principle of law in favor of the judicial bodies while examining the conceptual framework of administrative sanctions. While evaluating the administrative sanctions and the principle of law in favor, the current decisions of the doctrine and judicial bodies are examined. Thus, a general framework has been drawn that in the sanction law, the judicial bodies do not make a uniform and constant assessment of law in favor.