Master'sOpen Access

The right to fair trail in prosecution stage of criminal trial

2010
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Advisor: Doç. Dr. İbrahim Kaya

Abstract (EN)

The European Convention on Human Rights Article 6 providing a detailed right to a fair trial constitutes one of the most important reflections of principles of state of law. The right to a fair trial states equally and controversial, righteous trial regardless de facto and legal differences of parties subject to judgement. European Court of Human Rights shall not intervene in situations of the legitimacy and accuracy of the decisions of national courts for the applications in the context of Article 6 of Convention; besides is not entitled as appellate court to review the substantive decisions of the national authorities. Regarding the right to a fair trial the Republic of Turkey, subsequent to accord the right of individual petition to the European Court of Human Rights required regulating the criminal allegations within the legislation to be compatible with the jurisprudence developed by the Court. The Criminal Procedure Law focused by this study and stating realization of the principles of fair trial rights to protect human rights and freedom by achieving corporeal truth as the basic objective has been adapted in time in this context. In this study the right to a fair trial is examined within the framework of Article 6 of the European Convention on Human Rights and the provisions of Criminal Procedure Law, in the context of the applications subject to prosecution stage.

Author

Adem Türkel

How to Cite

Adem Türkel (Master Thesis). The right to fair trail in prosecution stage of criminal trial, 2010, Çanakkale Onsekiz Mart University.

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