HUK436

Criminal Trial Practice

Faculty \ Department
School of Law \ Law
Course Credit
ECTS Credit
Course Type
Instructional Language
3
4
Elective
Turkish
Prerequisites
-
Programs that can take the course
Law
Course Description
Criminal Procedure Practice course is a course that deals with the basic principles of criminal procedure and especially the prosecution phase in practice. After a brief theoretical introduction, the course continues with case law reviews and aims to develop students' practical skills through fictional case practice.
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 University Press.
Course Objectives
The aim of this course is to teach the students the processes of criminal procedure, especially the trial processes, in practice, to provide them with the ability to represent the defence and prosecution in court and to develop their legal argumentation skills. Students will analyse the case law of the Court of Cassation, regional court of appeal and ECtHR and practice their legal reasoning skills through fictional case practice.
Course Outcomes
1. Analyses the basic principles of criminal procedure, the evidence system and the functioning of the procedure theoretically and practically.
2. Evaluates the current problems and differences of interpretation of criminal procedure by analysing the case law of the Court of Cassation and the ECtHR.
3. Gains the ability to produce legal arguments and evaluate evidence in accordance with the role of defence and prosecution in criminal procedure.
4. Gains the ability to present legal opinion effectively in court by preparing written and oral defence within the scope of fictional case studies.
5. Gains the ability to develop legal strategies as a team.
Tentative Course Plan
Week 1: I. Theoretical Introduction, Basic Principles and Functioning of Criminal Procedure
Week 2: Evidence and Rules of Proof in Criminal Procedure Law
Week 3: Criminal Procedure Authorities and Subjects
Week 4: II. Case Law Analyses on Criminal Procedure, Right to a Fair Trial
Week 5: Evidence Prohibitions in Criminal Proceedings and Evaluation of Unlawful Evidence
Week 6: Protection Measures
Week 7: III. Fictional Case
Week 8: Preparation for the Fictional Case Competition: Scenario and Role Assignment
Week 9: Determining a Strategy for the Prosecution and Preparing an Indictment (written)
Week 10: Defence Preparation for the Defence Counsel and the Accused (written)
Week 11: Fictional Litigation Competition: Court Simulation (oral)
Week 12: Preparation of Legal Remedies (written)
Tentative Assesment Methods
• Fictional hearing written phase %50
• Oral stage performance %50
Program Outcome *
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Course Outcome
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