Master'sOpen Access

Trial of public officials for duty crimes

2021
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Advisor: Doç. Dr. Hasan Sınar

Abstract (EN)

In this thesis, the systems regarding the prosecution of public officials for the crimes they are alleged to have committed have been examined. In addition, the properties of these systems were examined. In the first part of the article, the terms of public servant and civil servant, special trial procedures, trial of public servants in comparative law and Turkish legal history are examined.In the second part, the purpose of the Law No. 4483 in our country, its scope in terms of person and subject, the factors that caused the adoption of the law, its comparison with the Provisional Law of 1913, which was abolished, and the views of the doctrine and the high judiciary on the special justice systems were examined. In the third chapter, which is the last part of the study, all the features of the system brought by the Law No. 4483, preliminary examination, permission and objection processes, and the preparatory investigation and trial phase are discussed in the light of the views in the doctrine and high judicial decisions. It has been concluded that the trial of public officials through special systems constitutes an obstacle to reaching justice and democratization, and it has been concluded that Law No. 4483 should be repealed without replacing it.

Author

Dr. Settar Serarslan

How to Cite

Settar Serarslan (Master Thesis). Trial of public officials for duty crimes, 2021, Altınbaş University.

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