Vergi Ceza Hukuku Açısından Kanunîlik İlkesi

Abstract

Tax law and criminal law are two interconnected areas of law on which constitutional tax duty is fulfilled legality. It should be predicated on the fundamental principles of criminal law against to contradictions to tax law requiring sanctions. Principle of legality on crime and punishment from that criminal law principles is accepted by international law. It is also a guarantee of rights and freedoms of the people. According to the principle, contradictions to law like misdemeanor and felony applied to persons and their penalties and security measures in lieu of penalties shall be prescribed only by law. It is upheld the defined law principle in Turkish Tax Law in a flexible way. The principle of legality protects individuals from state abuse and unjust interference, it ensures the fairness and transparency of the judicial authority. Authority given to the executive power, comparing due to interpretation of law, economical and technical requirements, etc have been exception for principle of legality in tax penalty law. Besides, agreement for taxes, amnesty for both taxes and their penalties, authority given to administration for arbitrary assessment have characteristics of un- lawful.There are some recommendations in tax system to ensure principle of legality on crime and penality.