Master'sOpen Access

Detention as apreventative measure in the Criminal Procedure Law

2014
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Advisor: Yrd. Doç. Dr. Elvan Keçelioğlu

Abstract (EN)

The purpose of criminal procedure is to revealing the substantial truth and introduce a detailed path to be followed in revealing the truth. In the activity of those processes some measures that can bring intervention to the human rights and freedoms may be needed. Detention is one of these measures with the heaviest results which leads to freedom restriction. In that case, it is necessary for detention to be regulated by Constitution and code in order to prevent the violation of human rights. In the 19th article of the Constitution there ae presented in detail the conditions regarding the human freedom restriction. Detention that intervenes on human rights and freedoms in presented in detail in the fifth(5.) clause of European Convention of Human Rights. There are regulations pertaining to the detention in the articles 100 to 108 of 5271 No. Of the Criminal Procedure Code. In the Criminal Procedure Law there are regulations concerning the detention grounds, how the detention judgement should be made, the maximal detention period regulations, conditions of terminating the detention and the unconditional release of the accused by virture of acguittal (a judgment of not guilty) engagements. There have been made detailed regulations in the Law on Execution of Sentences and Security Measures regarding the rights and obligations of the detained individual. Keywords: Detention, Pretection Measure, Individual Freedom, Judicial Control.

Author

Atilla Boztoprak

How to Cite

Atilla Boztoprak (Master Thesis). Detention as apreventative measure in the Criminal Procedure Law, 2014, Çankaya University.

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