Prohibition of reformatio in peius in criminal procedure law
2021
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Advisor: Prof. Dr. Adem Sözüer
Abstract (EN)
The desired case in this study, titled "Prohibition of Reformatio in Peius in Criminal Law" is to reveal the conceptual framework, covering, effects and the results of prohibition of reformatio in peius. The studied subject has a limited application area because of the legal regulation in Turkey. On the other hand, prohibition of reformatio in peius is addressed more extensively in some European countries. Our goal is to approach the prohibition of reformatio in peius in a more detailed way considering the progress, especially in Italy and Germany. We have concluded that the issues with prohibition of reformatio in peius are related to the conceptual framework, theoratical fundamentals, covering, effects and the results. The flow of the study is organized in the afromentioned order. In order to deal with these issues, we propose solutions by refering to the supreme court applications as well as the discussions in the doctrine. Sample cases have been fictionalized to give a better understanding of the methods and techniques that have been used in this study. Finally, in the last part of the study, a sample text is proposed to improve the legal regulation in the desired way considering the detected problems and solutions. Our opinion is that, the proposed text will be effective to handle the problems related to the subject of the study.
Author
Dr. Murat Çakır
Institution
How to Cite
Murat Çakır (Doctorate thesis). Prohibition of reformatio in peius in criminal procedure law, 2021, İstanbul University.
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