HUK437

Law of Execution

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
Execution Law course is the branch of law that regulates the process of fulfilment of conviction decisions, the functioning of penal execution institutions and the rights of convicts. Within the scope of this course, issues such as the execution of sentences, the application of penalties and security measures, the rights of convicts, the structure and supervision of penal execution institutions, conditional release and postponement of punishment are discussed in the legal framework.
Textbook and / or References
1. Demirbaş, T. (2024). Ceza ve Güvenlik Tedbirlerinin İnfazı Hukuku. Seçkin.
2. Şahin, C., & Özgenç, İ. (2024). İnfaz Hukuku (7. Baskı). Seçkin.
3. Özbek, V. Ö. (2024). İnfaz Hukuku (19. Baskı). Seçkin.
4. Yavuz, H. A. (2024). Denetimli Serbestlik (5. Baskı). Seçkin.
Course Objectives
The aim of this course is to comprehend the execution of sentences with its legal dimensions, to understand the functioning of the criminal justice system and to gain a critical perspective on the execution law practices. Students will be able to analyse the rights of convicts and the functioning of penal institutions within the framework of the law of execution, and will be able to evaluate legal remedies by examining the judicial control mechanisms regarding the execution processes. In addition, it is aimed to make comparative evaluations in the light of national and international regulations by examining the effects of criminal execution law in the context of human rights.
Course Outcomes
1. Explains the basic concepts of the law of execution, the general principles of the execution of sentences and its place in the criminal justice system.
2. Analyses the structure of penal execution institutions, types of execution and alternative execution methods to imprisonment.
3. Evaluates conditional release, probation and special execution procedures within the legal framework.
4. Analyses the rights of convicts, disciplinary regulations in penal institutions and legal control mechanisms.
5. Evaluates the relationship between the law of execution and human rights in line with the decisions of the ECtHR and the Constitutional Court.
6. Evaluates the role of civilian monitoring mechanisms in penal execution institutions, current reform debates in penal execution law and problems in practice from a critical perspective.
Tentative Course Plan
Week 1: Definition, Scope and Place of Execution Law in the Criminal Justice System
Week 2: General Principles on the Execution of Sentences
Week 3: Penal Institutions and Types of Execution
Week 4: Alternative Institutions to Imprisonment and Execution
Week 5: Conditional Release and Probation
Week 6: Special Execution Procedures
Week 7: Prisoner Rights
Week 8: Disciplinary Penalties and Prison Internal Discipline
Week 9: Judicial Review and Legal Protection Mechanisms in Execution Law
Week 10: Execution Law and Human Rights: Evaluation within the Framework of ECtHR and Constitutional Court Decisions
Week 11: Civil Monitoring Mechanisms in Penal Institutions
Week 12: Current Problems of Criminal Execution Law and Reform Discussions
Tentative Assesment Methods
• Midterm 40 %
• Final 60 %
Program Outcome *
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Course Outcome
1
2
3
4
5
6