Master'sOpen Access

The right to trial within a reasonable time in criminal procedure law

2018
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Advisor: Doç. Dr. Koray Doğan

Abstract (EN)

Concerning the right to trial within a reasonable time in criminal procedure law it has been seen that the concept is not only an inherent feature of the law on criminal procedure, but is also a human right affecting the lives of both the suspect / accused and the victims. Hence, legal regulation concerning the right to trial within a reasonable time is found in international regulations and Turkish Law. The determination of a reasonable period of time and criteria specifying this is established by international judicial bodies' jurisprudence and Constitutional Court's In this study first, there is an examination of the relationship between the right to trial within a reasonable time and human rights. Then, here is a separate consideration of the determination of reasonable time and the assessment criteria, in both international regulations and Turkish Law. In the course of the examination, rather than the assessment criteria determined by European Court of Human Rights, this study focuses on reasons for extending that extend proceedings under Turkish Law. In the final part of the study, , there is a consideration of accelerating criminal proceeding, remedies against to violation of the right to trial within a reasonable time and regulations concerning with reducing the workload of the courts. In these contexts, it is aimed to clarify the regulations regarding right to trial within a reasonable time which appear in the Turkish Criminal Code, Turkish Criminal Procedure Code and other codes, Bylaw of Determination and Implementation of Target Period At Investigation, Prosecution or Trial, Ministry of Justice Human Rights Compensation Commission and decriminalization movements.

Author

Dr. Ezgi Çırak

How to Cite

Ezgi Çırak (Master Thesis). The right to trial within a reasonable time in criminal procedure law, 2018, Dokuz Eylül University.

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