Extraordinary legal remedies exclusively under the authority of the Chief Public Prosecutor and the Ministry of Justice (Art. 308, art. 308/a, art. 309, art. 310 of the Criminal Procedure Code)
2024
2 görüntülenme
0 i̇ndirme
Danışman: Prof. Dr. Pınar Kartal
Özet (EN)
The legal redress applied to review the judgements rendered by the judicial authorities are called legal remedies. Through ordinary legal remedies, interim and final judgements are reviewed and possible judicial errors are tried to be prevented. However, after the exhaustion of the ordinary legal remedies and the finalisation of the judgement, it may be understood that there is a judicial error in the judgement. Correction of this judicial error is only possible through extraordinary legal remedies. Extraordinary legal remedies are regulated in the third part of the sixth book of the Code of Criminal Procedure under the title of "Extraordinary Legal Remedies". In addition the objection of the Chief Public Prosecutor of the Court of Cassation regulated under Article 308 of the Code of Criminal Procedure, the objection of the Chief Public Prosecutor of the Regional Court of Appeal regulated under Article 308/A of the Code of Criminal Procedure and the reversal in favour of the law regulated under Articles 309 to 310 of the Code of Criminal Procedure differ from other legal remedies in terms of the application procedure. For the application to these legal remedies, no reference is made to the general provisions of the Criminal Procedure Code regulated under Articles 260 to 266, and the authorities and persons authorised to apply are determined separately and exclusively by the provisions regulating the relevant remedies. In terms of the application to these legal remedies, the parties to the dispute and the persons concerned are not entitled to apply, and only the Office of the Chief Public Prosecutor and the Ministry of Justice are authorised. This should be considered as a duty as well as an authorisation given to the Office of the Attorney General and the Ministry of Justice. These legal remedies constitute the main subject of this study.
Yazar
Dr. Mehmet Gürler
Bu Yayına Nasıl Atıf Yapılır
Mehmet Gürler (Doctorate thesis). Extraordinary legal remedies exclusively under the authority of the Chief Public Prosecutor and the Ministry of Justice (Art. 308, art. 308/a, art. 309, art. 310 of the Criminal Procedure Code), 2024, Galatasaray University.
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