The Crime of Currency Fraud in Ottoman Criminal Law

---

Thesis Type: Postgraduate

Institution Of The Thesis: Ankara Yildirim Beyazit University, Sosyal Bilimler Enstitüsü, Kamu Hukuku Ana Bilim Dalı, Turkey

Approval Date: 2020

Thesis Language: Turkish

Student: Harun KARAKAYA

Supervisor: AHMET KILINÇ

Open Archive Collection: AVESIS Open Access Collection

Abstract:

In this study, the crime of currency fraud have been discussed within the frame of Ottoman Criminal Law. Within historical process, it is seen that the crime of currency fraud was one of the important issues that Ottoman State was dealing with. But in the literature, there is no study that deals with the currency fraud only in the context of Ottoman Criminal Law. In this study which aims to fill this gap, a conceptual perspective has been adopted and Ottoman Law has been analyzed with a holistic perspective. In the study, primary sources such as codes, mühimme registers, kadi registers, fetwa collections and archive registers have been utilized as much as possible. In addition, the studies in the doctrine have been also used. The crime of currency fraud was a tazir crime and in this context there were penal provisions on this subject both in classical and post-Tanzimat codes. It is seen that the values violated by the crime were the right of sultanate, public order and political sovereignty of the state. Currency fraud generally commited with acts such as imitation, clipping, gilding and deliberately putting the forged money on the market. Subject matter of the crime changed according to period. In this context, in the post-Tanzimat period, paper money and nickel coins were included in the scope of subject matter of currency fraud. The magnitude of the values violated by the crime obliged investigation to be carried out rigorously. Especially in the post-Tanzimat period, foreignness of the perpetrator brought about some differences in terms of trial and investigation. In addition, it is seen that many proofs were used to prove to the crime. The currency fraud which was a typical tazir crime was subjected to many different sanctions in classical period. In the post-Tanzimat period, it was punished with freedom-binding sanctions such as penal servitude and shackles. In addition, the subjective situation of the perpetrator, participation, repetition and amnesty had their own respective effects on the punishment process. As a result, it has been stated that the crime of currency fraud should be handled with its economic and international dimension.