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Administrative activities and responsibility of the administration within the scope of the execution of the liberty binding punishment

2022
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Advisor: Doç. Dr. Çağla Tansuğ

Abstract (EN)

The thesis put forward in the relevant study is that the activities for the execution of the sentence binding the liberty imposed as a result of the criminal proceedings constitute a separate field of activity beyond the fulfillment of a judicial decision; although the planning and establishment of the legal and physical structure for the execution of this activity is primarily carried out within the scope of the planning activity of the administration, the administrative activity of the administration in this field is not limited to this; although the activities carried out until the convict is placed in the penal execution institution within the scope of fulfilling the judicial judgment are considered as judiciary activities, most of the activities in the execution phase, which starts with the registration of the convict in the institution and has a mixed structure due to the execution of different public activities, are within the scope of the administrative activities carried out by the administration within the framework of the considerably numerous and effective duties and powers given to it by the legislation; that although the duties and powers of the administration in this field of activity have unique characteristics compared to its ordinary administrative activities, this activity is also within the scope of administrative function, and finally, the determination of the legal regime regarding the judicial control of the administration for the damages caused by this activity and the explanation of the liability regime within the framework of the principles regarding the responsibility of the administration. In this framework, this study explains the content of the administrative activity carried out by the administration in the field of penal execution and the responsibility of the administration for the damages incurred within the framework of this activity.

Author

Dr. Kübra Bayraktar

How to Cite

Kübra Bayraktar (Doctorate thesis). Administrative activities and responsibility of the administration within the scope of the execution of the liberty binding punishment, 2022, Galatasaray University.

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