Master'sOpen Access

Prohibition of reformatio in peius in Criminal Procedure Law

2013
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Advisor: Yrd. Doç. Ozan Ercan Taşkın

Abstract (EN)

The subject of this LLM dissertation-prohibition of reformatio in peius- is a topic to be studied in the context of legal remedies in criminal procedure law. The principal characteristic of the prohibition of reformatio in peius is that it is a judicial security for the accused to be able to lodge an appeal without being exposed to a risk of receiving a worse punishment than the judgment in the first instance court. Prohibition of Reformatio in Peius is a valid principle in the context of appeal on facts, appeal on law, new trial and ?in certain cases-reversal of the judgment as a matter law if the legal remedy is filled only in favour of the accused.. Filling the legal remedy only in favour of the accused is important in the implementing of this principle. The Public prosecutor ,the accused, the legal representative and the spouse of the accused must file a motion of legal remedy only in favour of the accused. The principle is a necessary element of the principle of rule of law. It ensures the effective and secure use of the right to appeal, for the accused without having any concern as to whether the appeal would result in a worse punishment. Keywords: Criminal Procedure, legal remedies, prohibition, punishment, legal security.

Author

Dr. Hatice Derya Ormanoğlu

How to Cite

Hatice Derya Ormanoğlu (Master Thesis). Prohibition of reformatio in peius in Criminal Procedure Law, 2013, Anadolu University.

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