Master'sOpen Access

The right of the accused to be present at the trial in criminal procedure law

2021
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Advisor: Doç. Dr. Ahmet Bozdağ

Abstract (EN)

Criminal procedure refers to the whole of the investigation and prosecution phases. The trial is shaped over these two main phases and ends with the finalization of the verdict. This process begins when the competent judicial authorities receive any indication that a crime has been committed. The person under suspicion of crime is referred to as a suspect during the investigation phase and as the accused during the prosecution phase. Within the prosecution phase and during the trial phase included in it; the evidences of the prosecution and defense authorities are revealed, the evidences presented are correlated with each other, and a judgment is rendered by the trial authority based on conscientious conviction and evidence. The judgment given; it aims to defeat the existing doubt and to reveal the material truth. The accused is the most important subject and evidence that can answer the question of what is the material truth in criminal procedure with his statements. The presence of the accused is also a principled rule in the trial environment, where many principles can be applied in criminal procedure. As a rule, both in universal law and in our law, the hearing can only be held at a time and in an environment where the accused is present. As a matter of fact, whenever the accused is present, it will be more possible to reach the material truth and remove the doubt. In the first part of the study, in which we deal with the right of the accused to be present at the hearing, regarding the defendant, who is the focus and the most important subject of the proceedings; who the accused is, his status, place and importance in criminal procedure, the right of defense as a fundamental right and the importance of the right of defense of the accused, the presence of the accused at the hearing and its relation with the right of defense are discussed and evaluated. In the second part of the study; the concept of hearing, the purpose and scope of the accused's right to be present at the hearing are explained. In the third part of the study; exceptions regarding the right of the accused to be present at the hearing, together with the doctrine and judicial decisions regarding these exceptions, have been evaluated. Keywords: Accused, right of defense, trial in criminal procedure, the right of the accused to be present at the trial.

Author

İsmail Kılıçlar

How to Cite

İsmail Kılıçlar (Master Thesis). The right of the accused to be present at the trial in criminal procedure law, 2021, Gaziantep University.

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