Aim: Relying on the close moral roots of criminal law, exploring the ethical foundations and approaches to crime and punishment.
Methodology: Legal theoretical knowledge of the relationship between criminal law and morality. Exploring the Greek and Jewish foundations of Christian ethics. Based on all this, the content comparison of the ethical conceptual possibilities of crime and punishment and the basic concepts of criminal law.
Findings: The term crime is not used in criminal law, but it builds on this fundamentally ethical concept. The indeterministic conception of criminal guilt as the basis of blameworthiness also appears in St. Augustine’s ethics, based on Greek and Jewish legal and ethical considerations. The social necessity and proportionality of punishment is based on the foundations of Christian social teaching. Some elements of the restoration appearing in the modern criminal law approach reflect the values of the ethics of Christian punishment.
Value: Value-based approach to the basic concepts of criminal law.