Master'sOpen Access

Prosecutor's office on the way of law of appeal

2022
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Advisor: Dr. Öğr. Üyesi Onur Özcan

Abstract (EN)

26/09/2004 dated and 5235 numbered Law For Establishment, Duty And Juristiction of Courts Of Original Juristiction With Regional Courts Of Justice (07/10/2004-25606syRG) and legal remedy for the Appeal has been accepted in our Judiciary Law. Provisions of legal remedy for the Appeal have been regulated between 272 -285th articles of 4/12/2004 dated and 5271 numbered Criminal Procedure Code(17/12/2004 -25673sy RG) for criminal procedure. With this legal remedy of the Appeal that has been activated on 20/07/2016, our two leveled judicial system has become three leveled and the principle of legal certainity has been empowered via evaluating the verdicts and decrees of the first instance courts both materially and legaly. We have tried to explain the role of Chief Prosecutor's Office and Republic Prosecutors as subjects in legal remedy for the Appeal which is the subject of our Postgraduate Thesis. In the first part; the Appeal as concept, it's legal features, it's varieties, it's purpose and results with it's historical development, positive and negative opinions about it, ruling principles for it and it's similiarities and differences with other legal remedies have been examined as separate parts; also the verdicts of AİHS(European Convention On Human Rights), AİHM (European Court Of Human Rights), Supreme Court, Budapest Principles which is the basis for Prosecutors with the opinions of International Human Right Organisations and institutions of European Union have been included. In the second part; again as separate parts, definiton and structuring of prosecution, prosecution as a sujbject, prosecution on comparative law systems, Regional Chief Prosecutor's Office, duty of Deputy Chief Prosecutor, assignment and duty terms of prosecution, their legal and penal obligations, Appeal prosecutor's duties of pre-prosecution and during prosecution, problem of letter of notification, Appeal's relation with normal and abnormal legal remedies have been tried to be presented in the light of the verdicts of the Supreme Court and BAM(Regional Courts Of Justice) with their teaching opinions.

Author

Dr. Zeynelabidin Zeyfeoğlu

How to Cite

Zeynelabidin Zeyfeoğlu (Master Thesis). Prosecutor's office on the way of law of appeal, 2022, Yeditepe University.

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