Introduction to Law Deneme Sınavı Sorusu #725928
Which one of followings about conduct of criminal is false?
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To criminalize a certain kind conduct is to declarethat it amounts to a public wrong, and that such behaviours ought to be avoided. |
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All immoral or harmful behaviours are combated by means of a crime. |
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Harm principle is described that a behaviour should not be criminal unless thebehaviour causes harm to another person. |
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In continental legal thought, the concept of legal good which base on the idea that all offenses are there to defend specific legally protected interest has played an important role in the theory of criminalization. |
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According to legal goods principle, a legal good comprise two conditions in order to be considered worthy of protection by the criminal law. |
For this reason, at the point of the legislation, legislature should decide what behaviour should be criminalised and what should not.
The frequent response to this question is that it should be the behaviour, which is immoral and harmful16. Unlike the general opinion, not allimmoral or harmful behaviours are combated by means of a crime. To this respect more motives are required to defining crimes than opting whether behaviour is immoral or harmful.
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