Master'sOpen Access

The changes in action and legal characterization in the criminal procedure

2023
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Advisor: Dr. Öğr. Üyesi Nazmiye Özenbaş Boydağ

Abstract (EN)

The action takes an important role in criminal procedure. The subject of the verdict given at the end of the criminal procedure is the action shown with the elements in the indictment. In the process of reaching the material truth, which is the ultimate goal of criminal proceedings, some changes may encountered in the action shown in the indictment and in the legal characterization of the action. Moreover, the court is not bound by the claim and defense in the legal characterization of the action shown in the indictment, but is free in this regard. It is necessary to know what should be understood from the action, the limitation of the this action and the sameness of the action, in terms of criminal procedure. Because the consequences of changes in the action and legal characterization of the action in criminal procedure are important in terms of their effects on the criminal justice process. Before proceeding to these conclusions, it is necessary to determine correctly whether the change in the action is in the legal characterization or whether the sameness of the action is exceeded. In this study, it has been tried to focus on the changes in both the action and the legal characterization of the action during the criminal procedure. In addition to this, the importance of the results of the changes in the action and legal characterization in criminal proceedings against the fundamental rights and legal principles that affect the criminal procedure has also been tried to be explained.

Author

Dr. Fatih Çapar

How to Cite

Fatih Çapar (Master Thesis). The changes in action and legal characterization in the criminal procedure, 2023, Anadolu University.

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