Yüksek LisansAçık Erişim

Material and form conditions of arrest as a protection measure in the Code of Criminal Procedure

2022
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Danışman: Dr. Öğr. Üyesi Ali Tanju Sarıgül

Özet (EN)

The purpose of criminal proceedings is to reach the material truth by acting in accordance with the law. Detention, which must be resorted to in obligatory cases in order for the criminal proceedings to achieve its purpose, is an important tool that serves to ensure justice when used appropriately, while it is a problem that violates the freedom of the person if it is applied unnecessarily. In today's practice, detention, which should actually be used as an exception, has become a rule in almost every trial and has turned into a big problem. In this study, the material and formal conditions of detention, which is a criminal procedure institution, were examined. The study focuses on the conditions under which an arrest warrant can be issued. In the first part of the study, the characteristics of the detention measure, the prerequisites and the relevant parts of the legal texts are discussed at a general level. In the second part of the study, the material conditions of the arrest are emphasized. In the third part, the conditions of the arrest were examined. With work; It has been stated that detention is a measure that should be resorted to as a last resort even if the conditions are met, and in cases where it is necessary to decide on detention or the continuation of detention, the detention decision should be justified as required by law and be given in a manner suitable for supervision. Key words: Arrest, protective measure, suspected escape, catalog crimes, justification.

Yazar

Selçuk Akıcı

Bu Yayına Nasıl Atıf Yapılır

Selçuk Akıcı (Master Thesis). Material and form conditions of arrest as a protection measure in the Code of Criminal Procedure, 2022, Hasan Kalyoncu University.

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