The Impossible Crime in Turkish Legislation

Abstract

In this study, we will try to identify the subject of the impossible crime by addressing its doctrinal and legal organization, the difference between it and the attempted crime, as well as the difference between it and the fictitious crime and what are the legal provisions for each. The term “impossible crime” and its jurisprudential nomenclature will be identified, as well as research into the causes of the impossible crime. In order to be able to talk about the impossible crime, its causes must be realized, which is the invalidity of the act or the absence of the subject of the crime. In this regard, it is important to determine the situations in which the act is invalid, as well as the situations in which the subject of the crime does not exist, then we will address the types of impossible, which are absolute impossibility and relative impossibility and their jurisprudential and judicial evaluation by presenting some opinions, jurisprudential doctrines and judicial decisions, and finally we will We discuss the impossible crime and its jurisprudential and legal evaluation from the perspective of American legislation.