Speed trial procedure in criminal procedure law within the framework of the right to a fair trial
2024
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Danışman: Prof. Dr. Fazıl Hüsnü Erdem
Özet (EN)
24/10/2019 dated 30928 published in the Official Gazette numbered 7188 which entered into force regarding Amendment to the Criminal Procedure Law and Certain Laws Article 3 of the Code of Criminal Procedure Act 250.serial Procedure in Criminal Procedure Law, which enters our legal system with the reorganization of the article, to shorten the judicial processes, it is an alternative solution that enters into our law in order to reduce workloads for courts and to provide them with greater interest in more qualified files and to reduce the increasing labor densities of the courts. İt is understood that this institution is a mixed-qualified institution because it contains processes related to procedural law and as a result of the trial, it foresees a certain amount of discount on the penalty to be given about the perpetrator. It is a reality that the implementation of this institution in terms of the perpetrators, who are the main interlocutors of the trial, is as much a reality as the returns. As a result of the implementation of this institution, the perpetrator must renounce many basic rights of trial and fair trial, such as face-to-face, non-judgment principle, right to judge publicly, decision of the courts according to their conscientious convictions. While we should state that this waiver is the lump of the serial procedure, the fact that the serial reasoning procedure will be applied and the penalty will be determined by the half of the penalty determined by the prosecution as a result of the fact that this institution will be among the returns of this institution receives. In this study, the problems created by the Serial reasoning institution, which entered into Turkish Law System with the law numbered 7188, in practice and theory, and the benefits it provides from both the perpetrator and the public point of view were addressed through the work done in practice and doctrine. Again, the applications of this institution in the international arena were taken into consideration by using comparative law and in particular the detailed comparison and examination of this institution within the scope of the right to a fair trial was made by taking into account the ECHR jurisprudences and practices.
Yazar
Dr. Metin Kaplan
Bu Yayına Nasıl Atıf Yapılır
Metin Kaplan (Doctorate thesis). Speed trial procedure in criminal procedure law within the framework of the right to a fair trial, 2024, Dicle University.
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