Master'sOpen Access

Evaluation of the Legal profession introduction to the principles of equality of arms of the regime in Turkey

2019
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Advisor: Yrd. Doç. Dr. Bilge Bingöl Schrijer

Abstract (EN)

The principle of equality of arms is of vital importance in the protection of human rights and freedoms as an implicit element of the right to a fair trial, and in the equitable course of the proceedings. The main purpose of the principle is to prevent an inequality between the parties to the proceedings that may affect the outcome of the judgment. The right to defense and representation by lawyer has an important role in ensuring the principle of equality of arms both in criminal and legal proceedings. Judiciary is a three-component process: claim, defense and decision. As the claim cannot be held superior to the defense, the defense is not the leading one, and the relationship between these two subjects forms the basis of the path to the decision. Nevertheless, there are significant differences in the introduction of legal professions in our country. In the criminal law, the inspection mechanisms for the legal knowledge of the candidates are envisaged at the entrance to the public prosecutor's office representing the prosecution, while no legal competence is taken into account when entering the legal profession representing the independent defense. Our study, which evaluates whether this difference will lead to violation of the principle of equality of arms, consists of three parts. In the first part the principle of equality of arms finished with the main lines, the second part of the entry regime a lawyer with the legal profession in Turkey, was examined under separate headings in terms of judges and prosecutors, examples are presented of the world's different countries. In the third part, it is evaluated whether the application of different entry regimes is in accordance with the principle of equality of arms.

Author

Dr. Yusuf Akman

How to Cite

Yusuf Akman (Master Thesis). Evaluation of the Legal profession introduction to the principles of equality of arms of the regime in Turkey, 2019, Akdeniz University.

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