What Is General Amnesty And Special Amnesty?
The concept of general amnesty and special amnesty are basically two important concepts evaluated within the scope of the constitution and criminal law. General and special amnesty, which has multifaceted features in terms of its effects, has gained its place within the scope of the Turkish Penal Code No. 5237. Similarly, various regulations about amnesty can be found within the scope of constitutional law. The concept of amnesty usually has the characteristics that allow political discussions to take place in our country and are preferred for this purpose.
There are different regulations about amnesty in the Turkish judicial system. The concept of amnesty can be examined under two different headings: general and special amnesty. Under each heading, the new sub-headings are divided into different classes within the scope of their types, provisions and legal consequences. For this reason, it may be necessary to conduct an examination on amnesty in a fairly wide area. General amnesty and special amnesty are carried out as authorized by law.
What Is The Place Of General And Special Pardon In The Legal System?
Apart from crimes and elements for which it is impossible to issue an amnesty law, the concept of amnesty has been given a wide place in the Turkish legal system. In terms of their impact; law of obligations, administrative law, criminal procedural law, etc. amnesty, which covers many different areas, is a concept regulated by criminal and constitutional law. While the Constitution provides the basic basis for amnesty in general terms, it regulates the implementation institutions within the scope of criminal law from a technical point of view.
Various regulations have been included in the Turkish legal system within the scope of the Turkish Penal Code No. 5237 and the Constitution of the Republic of Turkey No. 2709. For the concept of amnesty, which is studied under two different headings: general and special, it is divided into its types and characteristics.
What Is General – Special Amensty Decoupling And What Are The Differences Between Them?
The differences between general amnesty and special amnesty are usually determined according to their legal effects and qualifications. According to this:
General Amnesty: it can be defined as the dropping of public cases or the disappearance of convictions with consequences.
Special Amnesty: It can be defined as the abolition of a prison sentence whose execution has been finalized, the reduction of the term or the conversion into a fine.
One of the most fundamental differences that arises between the two concepts is that in private amnesty, the consequences of decriminalization are not eliminated. Special amnesty can only be applied against a group or a person. But a general amnesty can be a pardon for a specific crime.
Special amnesty applies only to existing prison sentences, while general amnesty may find application for fines and prison sentences. Due to these distinctions that they have by law, they will have different characteristics in both concepts in terms of the way they are applied and their legal consequences.