Master'sOpen Access

Condi̇ti̇onal release in Turkish jurisprudence

2014
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Advisor: Yrd. Doç. Dr. Tarık Polat İşoğlu

Abstract (EN)

The execution of conditional discharge has been accepted and started to be applied from the very beginning of its appearance. The execution also showed up in the Ottoman Empire which existed in the Anatolian lands before the Republic of Turkey was founded and was sustained under the name of "release on probation". The organization of discharge, benefits of it were seen in the Ottoman Empire's execution, still maintain its presence in the legal system of Republic of Turkey. However, like every implementation, instances of release on probation have changed in accordance with the requirements of the age, places, persons etc. and been updated along with the efforts of meeting the requirements. It has been observed from the first time that there have been implementation differences in terms of state strategies. In spite of all these updates and regulations, there have been some failures in the practices of probation releases and it has been seen that some people, who benefited from the organization, have been in certain attempts that could cause them to be sent back to the penal institutions. Conditioned discharge applications have been changed in our country and it is based on the nature of the crime substantially. Period of time for execution of individuals at the outside of the organization also vary as if the period of time for staying in prisons vary with regard to the nature of the crimes committed by individuals.When conditioned discharge was appeared first, it aims to resolve the problem of fullness of the prisons, but its aim is different in todays. In todays, real purpose of the discharge applications is to provide reintegration of such individuals before the determinated time limit for penalty, if such individuals reform themselves. However, this discharge application is not done in an uncontrolled manner. The best examples for that there are some conditions for individuals to deserve discharge, and there are some rules to obey after discharge application.In the discharge applications, even though individuals demonstrate good behavior, there is a time limit of crime in which individuals have to be in prisons. Calculations of the time limit of staying in the prisons are made according to the specific circumstances. Time for discharge of the individual is determined according to the many issues like special features of the criminal.

Author

Dr. Celal Hakan Kan

How to Cite

Celal Hakan Kan (Master Thesis). Condi̇ti̇onal release in Turkish jurisprudence, 2014, Çağ University.

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