HUK443

Legal Remedies in Criminal Procedure Law

Faculty \ Department
School of Law \ Law
Course Credit
ECTS Credit
Course Type
Instructional Language
2
3
Elective
Turkish
Prerequisites
-
Programs that can take the course
Law
Course Description
This course comprehensively examines the legal framework, functioning and role of remedies in criminal procedure. Ordinary and extraordinary remedies, application processes, scope and results of the review of decisions in criminal procedure are discussed. Within the scope of the course, the content of legal remedies, their function in criminal procedure and problems in practice will be evaluated, and it will be aimed that students will gain legal reasoning ability by associating theoretical knowledge with concrete cases.
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 basic principles and functioning of legal remedies in criminal procedure. It is aimed for the students to comprehend the legal basis of ordinary and extraordinary remedies, the conditions of application and the function of these remedies in criminal procedure. In addition, by analysing the current case law on remedies, students will be able to develop their critical thinking and legal interpretation skills.
Course Outcomes
1. Explains and compares the conceptual framework of ordinary and extraordinary remedies in criminal procedure.
2. Analyses the application conditions, examination processes and legal consequences of legal remedies.
3. Evaluates the importance of remedies in criminal procedure in terms of the right to a fair trial and the rule of law.
4. Develops the ability to make legal interpretation by following the case law on remedies and developments in practice.
5. Analyses the legal problems encountered in the processes of application to legal remedies and produces solutions.
Tentative Course Plan
Week 1: Introduction and General Principles of Legal Remedies
Week 2: Ordinary Legal Remedies: Appeal
Week 3: Ordinary Legal Remedies: Appeal
Week 4: Ordinary Legal Remedies: Appeal
Week 5: Extraordinary Legal Remedies: Objection of the Chief Public Prosecutor of the Court of Cassation (Article 308 of the Code of Criminal Procedure)
Week 6: Extraordinary Legal Remedies: Objection of the Chief Public Prosecutor of the Regional Court of Appeal (Article 308/A of the Code of Criminal Procedure)
Week 7: Extraordinary Legal Remedies: Reversal in favour of the Law (Article 309 of the Code of Criminal Procedure)
Week 8: Extraordinary Legal Remedies: Renewal of Trial
Week 9: Individual Application to the Constitutional Court
Week 10: Application to the European Court of Human Rights
Week 11: Effects and Consequences of Legal Remedies
Week 12: General Evaluation and Application Studies
Tentative Assesment Methods
• Midterm 40 %
• Final 60 %
Program Outcome *
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Course Outcome
1
2
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5