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Retrail in criminal procedure law

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2019
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Abstract (EN)

The main objectives of criminal proceedings are to reach material truth by leaving no doubt in order to ensure justice, give punishment in accordance with the law to the perpetrator whose guilt is certain, prevent disturbunce of public order, restructre distrubed public order and ensure people to trust justice. Due to that in order to meet with these objective, the final decision that is going to be given in accordance with criminal proceedings must be just and in compliance with concrete facts and law. There is a possibility of mistakes, incompleteness and even deviation from the facts at the final decision, which is given by the judicial authorities authories during trials. Due to that, it is required to have a control procedure in order to eliminate these mistakes and deviations, and in order to ensure final decisions given by the authorities are in compliance with concrete facts and consistent. The retrail of the proceedings is a special way to fulfill the purpose of the criminal proceedings by eliminating the judicial error in the event of a judicial error in the final decision of the court. In our study, the retrial procedure has been reviewed in criminal law procedure. In our study, firstly definition of retrail procedure is defined and its legal nature, purpose and comparison with other remedies is reviewed detaily. Later the study is concluded by analyzing the reasons of retrail, retrail phase and its results. Key Words: Criminal Procedure Law, Retrail, Miscarriage of Justice, Final Decision, Reasons of Retrail, Trial Phase, Results of Retrail

Author

Burçin Küçükkasap Özkan

How to Cite

Burçin Küçükkasap Özkan (Master Thesis). Retrail in criminal procedure law, 2019, Çankaya University.

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