WHAT IS GENERAL AMNEST AND SPECIAL AMNESTY?
The concept of general amnesty and special amnesty are two important concepts that are basically evaluated within the scope of constitutional and criminal law. General and special amnesty, which has multifaceted features in terms of its effects, has taken its place within the scope of the Turkish Penal Code No. 5237. Similarly, various regulations on amnesty can be found within the scope of constitutional law. The concept of amnesty generally has features that lead to political debates in our country and are preferred for this purpose.
In the Turkish judicial system, there are different regulations on amnesty. The concept of amnesty can be examined under two different headings as general and special amnesty. New subheadings under each heading; types are divided into different classes within the scope of their provisions and legal consequences. For this reason, it may be necessary to conduct a wide-ranging study of amnesty. General amnesty and special amnesty are carried out as authorized by law.
WHAT IS THE PLACE OF GENERAL AND SPECIAL AFFECTS IN THE LEGAL SYSTEM?
The concept of amnesty has been given a wide place in the Turkish legal system, except for the crimes and elements for which it is impossible to enact an amnesty law. In terms of its effects; law of obligations, administrative law, criminal procedure law, etc. Although it covers many different areas, amnesty is a concept regulated by criminal and constitutional law. While the Constitution constitutes the main basis for amnesty in general, it regulates the enforcement institutions within the scope of criminal law from a technical point of view.
In the Turkish legal system, amnesty has been included in various regulations within the scope of the Turkish Penal Code No. 5237 and the Constitution of the Republic of Turkey No. 2709. The concept of amnesty, which is examined under two different headings, general and specific, is separated in terms of its types and characteristics.
GENERAL – SPECIAL AMNESTY DISCRIMINATION AND WHAT ARE THE DIFFERENCES BETWEEN?
General amnesty and special amnesty differences are usually determined according to their legal effects and qualifications. According to this:
General Amnesty: can be defined as the dismissal of public cases or the abolition of conviction with the consequences.
Special Amnesty: It can be defined as the abolition of the prison sentence, the execution of which has been finalized, the reduction of its duration or its conversion to a fine.
One of the main differences between the two concepts is that in a special pardon, the consequences of conviction are not eliminated. Special amnesty can only be applied against a group or individual. However, a general amnesty can be amnesty for a specific crime.
A special amnesty can only be applied to existing prison sentences, while a general amnesty can apply to fines and prison sentences. Due to these legal distinctions, both concepts will have different characteristics in terms of application and legal consequences.
