Structural Challenges of Penal Populism in the Judicial System with Emphasis on the Adjudication of Economic Crimes
Keywords:
Penal populism, economic crimes, fair trial, special courts for economic crimes, criminal policyAbstract
This study was conducted with the aim of examining the structural challenges of penal populism within the criminal justice system, with a particular emphasis on the adjudication of economic crimes. The research employed a descriptive–analytical method and relied on library-based data collection through the examination of legal sources, statutes, scholarly articles, and criminological studies. The findings indicate that the growing social sensitivity toward corruption and economic crimes has, in some cases, led to the emergence of reactionary approaches in criminal policy and the establishment of special mechanisms for addressing such offenses. Among the most significant manifestations of this situation are the creation of special courts for economic crimes and the adoption of exceptional measures aimed at accelerating judicial proceedings. Although the objective of these mechanisms has been to effectively combat economic corruption and respond to public demands, in certain instances the use of exceptional procedures, concentration of powers, and restriction of some procedural safeguards have created challenges for the fundamental principles of fair trial. The results of this study demonstrate that effective confrontation with economic crimes requires establishing a balance between the efficiency of the criminal justice system and adherence to the principles of fair proceedings. Accordingly, moving toward a rational and evidence-based criminal policy, strengthening ordinary and specialized judicial institutions, and simultaneously paying attention to preventive and structural solutions alongside penal responses may contribute to reducing the negative effects of penal populism in the adjudication of economic crimes.
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