Master'sOpen Access

Sentences in criminal proceeding

2015
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Advisor: Prof. Dr. Handan Yokuş Sevük

Abstract (EN)

In this study, it has been examined the sentences given by the penal courts. Courts decide the decisions for the accused whether they commit the crime without any doubt. Deciding the decision is a judicial process which has certain stages shall be observed, which rules shall be obeyed is determined by law. Judges gives decisions by accomodating the rules to the concerate incident and the accused. Although it has been done a flawless trial until to the stage of decision, a mistake or flaw at the stage of the decision could harm the validity of the trial. For this reason, judges should be more meticulous and give more attention to the stage of decision than the attention that they give to the stage of decision whether the crime has been commited or not. Otherwise, the efforts which is spend to decide whether the crime commited or not will be in vain. Judge, while giving the decision, use their discreation within the boundries determined by law. Judge gives reasons for their evaluations and choices while using their discreation. Right to have decision with a justification has been protected at the constitution level in our law system. Key Words Sentences, Judge's Discreation, Justification of the Decision.

Author

Dr. Harun Birol Mert

How to Cite

Harun Birol Mert (Master Thesis). Sentences in criminal proceeding, 2015, Dicle University.

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