join the case in Criminal Procedure
2024
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Advisor: Prof. Dr. Handan Sevük
Abstract (EN)
ABSTRACT In criminal proceedings, the participation of the victim, the person who suffered damage from the crime, and those who are legally responsible in the public prosecution until a judgment is rendered by the court of first instance, or in instances explicitly specified by the law during the appeal stage, exercising the rights and authorities granted to them by the laws, is referred to as joining the lawsuit. The right to participate is applicable to all crimes regulated in either the criminal laws or other laws. In order to acquire the status of participation, the rightful parties must make a request, and the court must respond affirmatively to the participation request. Individuals requesting to join the lawsuit must have legal capacity, be of legal age, and not be restricted from exercising their civil rights. Therefore, it is not possible for children, those under legal restrictions, and those lacking legal capacity to join the lawsuit on their own; their legal representatives, such as guardians, parents, or attorneys, may request to join the lawsuit on behalf of these individuals. Additionally, legal entities that suffered damage from the crime must have been validly established at the time of joining the public prosecution and their existence must not have ceased. If the court decides to approve the participation request, the victim, person suffering damage, and the legally responsible party become participants in the public prosecution, assuming the status of a participant or intervenor. As a result of joining the lawsuit, the victim, person suffering damage, and the legally responsible party actively participate in the criminal proceedings and can seek redress for their grievances. The participant can present evidence, make statements, and appeal against court decisions in order to ensure that the truth is revealed during the trial.
Author
Dr. İbrahim Gülçer
Institution
How to Cite
İbrahim Gülçer (Doctorate thesis). join the case in Criminal Procedure, 2024, Dicle University.
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