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Simplified proceeding under Criminal Procedure Code No 5271 in context of right to defence

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2023
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Abstract (EN)

The simplified proceeing, hich was brought to the Criminal Procedure system with the Law No. 7188, was brought to our criminal procedure system by rearranging articles 251 and 252 of Criminal Procedure Code. This procedure, which can be adjudicated without a hearing in crimes that are considered to be summary off encesnature, is very similar to the penal decree of the criminal judge of peace, which was issued in there pealed CMUK numbered 1412. In this study, first of all, this procedure, which is specific to the prosecution phase, and an alternative to the classical prosecution, is only applied at the discretion of the court; legal nature, purpose, historical development, application conditions, unenforceable situations, the decision to be made, the decision will be examined in terms of legal remedies that can be applied against. Then, the relationship between the application of the simplified proceeing and the use of the right of defense will be mentioned, and last, the situations that may constitute a violation of the right to defense, solutions will be put forward.

Author

Deniz Devrim Kaplan

How to Cite

Deniz Devrim Kaplan (Master Thesis). Simplified proceeding under Criminal Procedure Code No 5271 in context of right to defence, 2023, TOBB Economics and Technology University.

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