Master'sOpen Access

Accelerated trial procedure in criminal procedure law

2023
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Advisor: Doç. Dr. Ahmet Bozdağ

Abstract (EN)

The number of crimes and criminals is increasing all over the world due to reasons such as population growth, the advancement of science and technology. It is known that criminal cases conducted in accordance with the classical understanding of punishment take a long time and are costly. This situation leads the states of law to adopt alternative procedures that result in the perpetrator accepting responsibility and shorten the criminal procedure process. The bargaining system based on the confession of the perpetrator of the crime is an institution belonging to Anglo-Saxon law, and similar procedures developed on the basis of this system have taken their place in many legal systems. This institution, which may be considered foreign to our criminal procedure system, contains fundamental differences from its counterparts in comparative law, but was adopted under the name of serial reasoning procedure by law No. 7188. It has been arranged as an alternative procedure to prosecution, which can be applied if the suspect agrees with his free will, the public prosecutor is especially effective in determining sanctions, and since there is no public trial with an indictment, there is no prosecution stage in technical terms. It is expected that the procedure, which contains contradictions to the principles prevailing in classical criminal procedure, will provide benefits, especially for reducing the workload in the judiciary, along with the problems it will cause in practice. It is necessary to harmonize the procedure with the principles of criminal procedure, especially in the context of the right to a fair trial, and to increase the effectiveness of the guarantees provided by the legislator in order for it to be considered reasonable for the perpetrator to waive some rights in a sense. In the first part of the thesis, which consists of three parts, the definition, legal nature and purpose of serial reasoning procedure were compared with similar institutions. In the second part, the conditions for the implementation of the procedure were examined, and in the last part, the thesis was completed by considering the process and results of the implementation of the procedure.

Author

Tahir Akgül

How to Cite

Tahir Akgül (Master Thesis). Accelerated trial procedure in criminal procedure law, 2023, Gaziantep University.

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