HUK403

School of Law \ Law

3

6

Compulsory

Turkish

-

Law

In this course, the basic principles, subjects and functioning of criminal procedure are examined in a comprehensive manner. In this framework, the basic concepts of criminal procedure, the stages of the procedure, the rights, powers and responsibilities of the subjects of the procedure, evidence systems and principles regarding evidence are discussed. Positive regulations and universal principles in this field are discussed with the interpretation of the doctrine and the aspects reflected in practice.

1. Feridun YENİSEY – Ayşe NUHOĞLU: Ceza Muhakemesi Hukuku, Seçkin.
2. Nur CENTEL – Hamide ZAFER: Ceza Muhakemesi Hukuku, Beta.
3. Veli Özer ÖZBEK– Koray DOĞAN Koray – Pınar BACAKSIZ: Ceza Muhakemesi Hukuku, Seçkin.
4. Yener ÜNVER – Hakan HAKERİ: Ceza Muhakemesi Hukuku, Adalet.
5. Cumhur ŞAHİN – Neslihan Göktürk: Ceza Muhakemesi Hukuku, Seçkin.
6. Bahri ÖZTÜRK (Editör) – Durmuş TEZCAN – Mustafa Ruhan ERDEM ve diğerleri: Nazari ve Uygulamalı Ceza Muhakemesi Hukuku, Seçkin.
7. Mustafa ÖZEN: Öğreti ve Uygulama Işığında Ceza Muhakemesi Hukuku, Adalet.
8. Murat Volkan DÜLGER – Şaban Cankat TAŞKIN: Ceza Muhakemesi Hukuku, Seçkin.
9. Nurullah KUNTER: Muhakeme Hukuku Dalı Olarak Ceza Muhakemesi Hukuku, Beta.
10. Öztekin TOSUN: Türk Suç Muhakemesi Hukuku Dersleri, İstanbul Üni. Press.

To learn the basic concepts and terms of criminal procedure and to adopt the principles of criminal procedure based on human rights with theoretical and practical information about the functioning of criminal procedure.

1. To have a command of the basic concepts, purpose and systems of criminal procedure law, to interpret the functioning of criminal procedure.
2. Explains the basic principles of criminal procedure, analyses these principles with application examples.
3. Evaluates the norms of criminal procedure, compares the principle of legality, interpretation and comparison.
4. Determines the rules of duty and authority in the criminal procedure process, analyses the disputes related to them and offers legal solutions.
5. Defines the basic subjects representing the prosecution, defence and trial authorities in criminal procedure and compares the roles of these subjects.
6. Analyses other subjects and their duties in the criminal procedure process, evaluates the functions of the criminal judgeship of peace, judicial law enforcement, expert witness and testimony institutions.
7. Analyses the difference of the conscientious evidence system that dominates the criminal procedure from other evidence systems, dominates the concept of illegal evidence.

Week 1: Terminology and basic concepts of criminal procedure, the purpose of criminal procedure, criminal procedure systems.
Week 2: Basic principles of criminal procedure law.
Week 3: Criminal procedure norms and the principle of legality in criminal procedure, interpretation and comparison, application in terms of time; the subject of criminal procedure and the concept of dispute.
Week 4: The connection between the disputes and the results of the connection: consolidation, pending matter, relative judgement.
Week 5: The concept of jurisdiction: jurisdiction in terms of place, jurisdiction in terms of matter (duty).
Week 6: Conditions of proceedings: general information about the conditions of litigation and trial; complaint, permission, request (demand).
Week 7: Duties, authorities and subjects of criminal procedure: prosecution authority (public prosecutor, participant), defence authority (suspect / defendant, defence counsel).
Week 8: Judicial authority: the office of the judge, the office of the court, the independence and impartiality of the judge.
Week 9: Other subjects of criminal procedure: criminal judgeship of peace, judicial police, expert witness, witness.
Week 10: The concept of proof and evidence: conscientious evidence system, freedom of evidence, the concept and characteristics of evidence, types of evidence.
Week 11: The concept of illegal evidence and prohibitions of evidence: prohibitions of obtaining evidence, prohibitions of evidence evaluation.
Week 12: The march of criminal procedure: investigation phase, prosecution phase; general information about alternative ways in criminal procedure.

• Midterm 40 %
• Final 60 %