Extradition in Turkish criminal law
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Abstract (EN)
Extradition in its most basic form; means to extradite a person to another state to be judged or for the execution of his/her sentence. Extradition, by its nature, is the intersection point of criminal law and public international law. The substantive and procedural regulations within the framework of the norms of criminal law shall not be considered apart from the basic principles of international law. All the principles and rules to be followed in the extradition process have developed in line with the obligations of states arising from international law. In the implementation of the extradition institution, political and political factors are of great importance in addition to the legal dimension of the institution. In this study, besides the theoretical regulations of extradition, it has been tried to give place in implementation. The reason why attention is drawn to the dimension of extradition that concerns international law, in general, is due to the very serious effect of political balances on the process in practice. Although the extradition institution has been regulated to a large extent today, the existence of criminals who have still not been extradited shows that extradition does not consist only of legal rules. In order for the effects of diplomatic moves and political factors on the extradition process to not separate the extradition from the legal ground, the rules and customs of international law must be observed at every stage. In this study, the institution of extradition in Turkish criminal law has been examined. Due to the nature of the extradition, the regulations regarding extradition in comparative law are also included in the content of the study. Within the study systematic, the European Convention on Extradition and the Regulations of the Law on International Judicial Cooperation in Criminal Matters No. 6706 were evaluated together at the same time, and similarities and differences have been tried to be presented. The extradition process causes a loss of time due to the fact that the process concerns more than one state and because of its bureaucratic processes at the national level, especially in implementation. Therefore, this new institution called "simplified" or "accelerated" or "consent-based extradition procedure", which was brought to the European Convention on Extradition Protocol No. 3 and adopted by Law No. 6706, is included in the study.
Author
Elif Günay
Institution
How to Cite
Elif Günay (Master Thesis). Extradition in Turkish criminal law, 2022, Dokuz Eylül University.
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