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Special high criminal courts

2010
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Advisor: Prof. Dr. Mustafa Ruhan Erdem

Abstract (EN)

The State Security Courts entered into our legal system in 1973 with constitutional changes in constitution of 1961.But it provided short-lived when legal basis was cancelled by Constitutional Court.More Later set up of these courts was prescribted by 1982 Canstitutanal charter?s 143. clause so that They Started their judical actions after 1.5.1984 by the law no 2884 . With the law no 5170 State Security Courts have been abolished and Special Heavy criminal court was established by the law no 5190 which is contuning judical actions currently.The judical qualifications and its necessity have been discusing from instutiation to present.Genarally, political debutes have been more than legal debutes.Nevermore,different prosecuting for different crime has been accepted by the contemporary legal systems.For these reason,we can describe these courts as a . specialized courts which haven?t got any extra ordinary qualification.So that we can say its necessary.While The jurisdiction of these courts was arranging by the laws;theirs authorization about location, time, person, and assignment was organized circumstantial. After abolishtion of its private law xsimilar provisions were placed under criminal procedure code.İn Term Of times,the authorised to crimes starts by 1.5.1984.There is no difrences for for the purposes of personalty.The main difrences is appearing for purpose of place and assignment.İnstead of estabilshed in each provinces,it is collaborated regional. The authority of the courts in terms of place is stil have been set by The Supreme Council of Prosecutors and Judges.For purposes of jurisdiction,These courts limited with crimes which are shown in 250. article of Turkish Penalty code.As a Result of European Union processing end developed human rights insight; some structural changes had been done and finally The Stati Security Courts were abrogated.And Judical procedurs are converg to othir courts.İn this way,Aimed to abate polemical structure of these Special High Criminal codes.İn our opinion changes are well-advised. while these corts çontinue judical actions to to reconcile with rule of law and European Convention on Human Rights will be more well advised .

Author

Fehmi Öztürk

How to Cite

Fehmi Öztürk (Master Thesis). Special high criminal courts, 2010, Dokuz Eylül University.

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