Right to remedy to legal procedure in criminal procedure

Analytical analysis of the general principles of the right to apply to legal remedies regulated between m.260-266 of the Code of Criminal Procedure No. 5271, and the general terms of use of the right in terms of criminal procedure, within the framework of the system adopted by the TCPC is the subject. In this context, first of all, the place and importance of the right to take legal action in the law of procedure has been evaluated, and then the normative basis of this right in the Constitution and international agreements has been examined. Considering that the remedy is a lawsuit, the requirements of the right to a fair trial must also be fulfilled at the stage of legal remedies. In this context, finally, the relationship of the right to a fair trial is presented together with the current ECtHR decisions. The definition and distinctive features of the remedy in criminal procedure law constitute the main controversial parts of the study. Both Turkish and German teachings have been used and current judicial decisions have been examined in order to determine the criteria that will cover all legal remedies envisaged in the TCPC and distinguish the definition of legal remedy from other legal remedies envisaged in the TCPC. As a result of the determination of the general criteria for the definition of legal remedy, the subjects of the right, the conditions of use and the results were evaluated in connection with the said criteria and within the framework of the same system.