Course Credit
ECTS Credit
Course Type
Instructional Language
Programs that can take the course
This course focuses on the protection measures, which are the most important tools of the criminal procedure that starts with the suspicion that the crime has been committed in order to clarify the alleged crime committed in the past, and the remedies, which are the legal remedies that enable the re-examination of the decisions made.
Textbook and / or References
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.
One of the aims of this course is to teach the types, application conditions, legal bases, application and results of protection measures in criminal procedure, while providing students with a critical perspective that enables them to approach these measures that interfere with fundamental rights and freedoms within the framework of the principles and rules of human rights. In addition, it is aimed to comprehend the concept of judgement in criminal procedure, the deferral of the announcement of the judgement and the legal remedies.
1. Defines the conceptual framework, characteristics and common prerequisites for all protection measures in criminal procedure and classifies protection measures.
2. Compares the protection measures stipulated in the Criminal Procedure Code with preventive measures, analyses the legal regulations on these measures, the problems arising in the implementation of the measures and the legal control mechanisms.
3. Controls the protection measures that interfere with fundamental rights and freedoms in terms of their compliance with the regime of limitation of fundamental rights and freedoms, and in doing so, observes the jurisprudence of national and international judicial bodies that control human rights.
4. Defines the concept of judgement in criminal procedure and determines the characteristics of a judgement.
5. Interprets the ordinary and extraordinary remedies and evaluates the functioning of the judicial process with a holistic approach.
Week 1: Introduction to protection measures: Definition, characteristics, general principles and types.
Week 2: Arrest and detention
Week 3: Arrest
Week 4: Judicial control
Week 5: Search and seizure
Week 6: Search and seizure in information systems; supervision of communication via telecommunication
Week 7: Monitoring with technical means and assignment of a secret investigator
Week 8: Compensation for protection measures
Week 9: Judgement and deferral of the announcement of the judgement
Week 10: Introduction to legal remedies, ordinary legal remedies, objection, appeal
Week 11: Appeal: Scope, functioning and legal effects
Week 12: Extraordinary legal remedies
Tentative Assesment Methods
• Midterm 40 %
• Final 60 %
|
Program Outcome
*
|
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
|
Course Outcome
|
|---|
| 1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|