Human society needs social peace. It is impossible for societies to live and continue their existence without social peace. In a society where everyone behaves as they wish, social peace cannot be mentioned, social chaos and depressions occur. For this reason, in every society, people’s common lives are maintained by rules that provide social order.

Undoubtedly, the healthy and peaceful life of the society and the protection of social order are achieved by acting in accordance with these rules. Criminal law, as a part of the legal order, also serves this purpose. However, unlike other branches of law, in cases where the rules are not followed, the state imposes penal sanctions on those who act contrary to these rules. The state imposes punishment for a purpose. This purpose is generally to protect social order.

Punishment is a sanction applied on behalf of society in response to a harmful action against society or the individual that constitutes it. On the other hand, questions such as whether or not people who commit crimes against society or individuals committed this crime, for what purpose and under what conditions they committed it must be answered definitively, that is, it must be determined definitively as a result of a fair trial. In other words, criminal procedure must establish a fair balance between the criminal and the injured.