Akademik Veri Yönetim Sistemi
NEW ERA INTERNATIONAL JOURNAL OF INTERDISCIPLINARY SOCIAL RESEARCHES, cilt.6, sa.16, 2022 (Hakemli Dergi)
Müsadere, geçmişten günümüze kadar suçla mücadelede etkili bir araç olarak devletlerin ceza hukuku sistemlerinde yer almıştır. Uzun bir zaman geniş bir coğrafyada hüküm süren Osmanlı Devleti’nde de bu kurum yaygın bir şekilde uygulanmıştır. Osmanlı devletinde müsadere, ceza veya güvenlik tedbiri olarak uygulanmakla birlikte devlet büyüklerinin ölümleri halinde malvarlıklarına el konulması şeklinde de karşımıza çıkmaktadır. Ceza olarak uygulanan müsadere, mali nitelikte bir tazir cezasıdır. Müsadere bir suçun işlenmesinin asıl cezası olarak verildiği gibi genellikle sürgün, siyaseten katl, görevden azil gibi cezalarla birlikte tamamlayıcı nitelikte bir ceza olarak verilmiştir. Ayrıca müsadere, suçun işlenmesi sırasında kullanılan, bulundurulması ve tasarruf edilmesi yasak olan mallara yönelik bir güvenlik tedbiri olarak da uygulanmıştır. Bir ceza ve tedbir olarak uygulanan müsaderenin amacı, toplumun suçtan korunması ve tekerrürün önlenmesidir.
Makale kapsamında müsaderenin, Osmanlı ceza hukukundaki yeri, teorik olarak ve uygulama örnekleri ile açıklanmaya çalışılmıştır. Bu çalışma ile Osmanlı Devletinde başvurulan müsadere kurumunun, ceza hukuku boyutunun ortaya konulması amaçlanmıştır.
Confiscation has been a part of criminal law systems of many countries throughout history as an
effective tool against crime. It was used commonly in Ottoman Empire too which ruled a large
portion of the world for a long time. Confiscation was not only used as a criminal punishment or a
security precaution, but also to seize the properties of important state officials after their deaths.
Confiscation as a criminal punishment is a financial tazir punishment. While it is possible to rule
on the confiscation as main punishment for a crime, it can also be used as a complementary
punishment to exile, political death sentence or dismissal from duty. Furthermore, confiscation has
also been preferred as a security measure against the properties used in a crime or illegal to keep or
dispose. The purpose of the confiscation as a criminal punishment or security measure is to protect
the society and prevent the recidivism.
With this article, the legal place of confiscation in the Ottoman Empire will be explained both
theoreitically and with the examples from its application. It is aimed to present the criminal law
aspect of the confiscations in Ottoman Empire.onfiscation has been a part of criminal law systems of many countries
throughout history as an effective tool against crime. Itwas used commonly in Ottoman Empire too which ruled a large portion of the world for a long time.Confiscation was not only used as a criminal punishment or a security precaution, but also to seize the properties of important state officials after their deaths. Confiscation as a criminal punishment is a financial tazir punishment.While it is possible to ruleon the confiscation as main punishment for a crime, it can also be used as a complementary punishment to exile, political death sentence or dismissal from duty.Furthermore, confiscation has also been preferred as a security measure against the propertiesused in a crime or illegal to keep or dispose.The purpose of the confiscation as a criminal punishment or security measure is to protect the society and prevent the recidivism.With this article, the legal place of confiscation in the Ottoman Empirewill be explained both theoreitically and with the examples from its application.It is aimed to present the criminal lawaspect of the confiscations in Ottoman Empirevonfiscation has been a part of criminal law systems of many countries
throughout history as an effective tool against crime. Itwas used commonly in Ottoman Empire too which ruled a large portion of the world for a long time.Confiscation was not only used as a criminal punishment or a security precaution, but also to seize the properties of important state officials after their deaths. Confiscation as a criminal punishment is a financial tazir punishment.While it is possible to ruleon the confiscation as main punishment for a crime, it can also be used as a complementary punishment to exile, political death sentence or dismissal from duty.Furthermore, confiscation has also been preferred as a security measure against the propertiesused in a crime or illegal to keep or dispose.The purpose of the confiscation as a criminal punishment or security measure is to protect the society and prevent the recidivism.With this article, the legal place of confiscation in the Ottoman Empirewill be explained both theoreitically and with the examples from its application.It is aimed to present the criminal lawaspect of the confiscations in Ottoman Empireonfiscation has been a part of criminal law systems of many countries
throughout history as an effective tool against crime. Itwas used commonly in Ottoman Empire too which ruled a large portion of the world for a long time.Confiscation was not only used as a criminal punishment or a security precaution, but also to seize the properties of important state officials after their deaths. Confiscation as a criminal punishment is a financial tazir punishment.While it is possible to ruleon the confiscation as main punishment for a crime, it can also be used as a complementary punishment to exile, political death sentence or dismissal from duty.Furthermore, confiscation has also been preferred as a security measure against the propertiesused in a crime or illegal to keep or dispose.The purpose of the confiscation as a criminal punishment or security measure is to protect the society and prevent the recidivism.With this article, the legal place of confiscation in the Ottoman Empirewill be explained both theoreitically and with the examples from its application.It is aimed to present the criminal law aspect of the confiscations in Ottoman Empire