Law | |||||
Bachelor | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF-LLL: Level 6 |
Course Code: | HUK444 | ||||||||
Course Name: | Criminal Procedure Law | ||||||||
Course Semester: | Fall | ||||||||
Course Credits: |
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Language of instruction: | TR | ||||||||
Course Requisites: | |||||||||
Does the Course Require Work Experience?: | No | ||||||||
Type of course: | Compulsory | ||||||||
Course Level: |
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Mode of Delivery: | Face to face | ||||||||
Course Coordinator : | Prof. Dr. SERAP KESKİN KİZİROĞLU | ||||||||
Course Lecturer(s): | |||||||||
Course Assistants: |
Course Objectives: | Criminal Procedure Law is concern about proceeding which is submission, plea and judgement according to code of criminal procedure aim to solve whether commit a crime; if it’s commited, who perpetrator is and what sanction is. Purpose of course of Criminal Procedure Law I is provide to teach student Fundamentals of criminal procedure law and regulation of judgement of criminal law. Context of this course is purpose, funtion and sources of criminal procedure; interpretation of sources; temporal, locus and personal application of norm of criminal procedure; judgrement conditions and actors of criminal provedure law. |
Course Content: | 1) Turkish Criminal Procedure Code's Scope, Definitions, Subject Matter 2)Subject Matter Jurisdiction 3) Venue 4) Human rights principles 5) Decisions, Pronouncement and Notification, Time Limits and Reinstatement 6) Criminal Procedure Law's participants 7) Interview and interrogation 8) Measures of protection of evidence 9) Representative and investigation 10) Legal remedies 11) Special Adjudication 12) Special Adjudication Procedures 12) Adjudication procedure for some crimes |
The students who have succeeded in this course;
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Week | Subject | Related Preparation |
1) | • Definition, function and purpose of criminal procedure law • The relationship between criminal procedure law and criminal law • Sources of criminal procedure law | |
2) | • Interpretation of criminal procedure law norms • The walking scheme of the criminal procedure • Basic concepts of Criminal Procedure Law | |
3) | • Conditions of action • Consequences of failure to meet the conditions of the case • Trial conditions • Types of jurisdiction • Consequences of failure to prosecute | |
4) | • The connection of Criminal Procedure with human rights is examined. • Scorpion of Innocence • Right to a fair trial • Independent and impartial judge principle • Natural judge principle • The principle that the defendant benefits from doubt • The rule of law • The principle of protection of human dignity • Torture prohibition • Meram telling principle • The principle of free float • Privacy policy | |
5) | • The principle of no trial without trial • The principle of absence • The principle of compliance with the cost • The right to learn the name • Right to seek rights • Personality principle of criminal responsibility • Right to defense • Other rights and principles | |
6) | • Courts • Office of the Prosecutor • Regional Courts of Justice • Supreme Court • Attorney General of the Republic of Turkey • People who participate in Criminal Procedure are started. Judge, Judge's impartiality • Judge's refusal judgment • Types and powers of judges | |
7) | • Prosecutors • Personal plaintiff • Victims • Damaged by crime • Participating • Personal claimant | |
8) | • Description • Types • Times • Notification of • Unlawfulness in Criminal Procedure proceedings | |
9) | • Proof tools • Entry to collect, preserve and evaluate evidence. • Criminalistics • Taking statements • Discovery | |
10) | • Preservation of evidence • Evaluation of the evidence • Prohibition of evidence theories • Scope of evidence bans | |
11) | • Definition of Protection Measures • Common features of protection measures | |
12) | • Capture and detention • Description • Conditions • Times | |
13) | • Description • Legal nature • Conditions • Arrest warrant • Arrest period | |
14) | • Forensic Control Definition • Purpose • Application conditions | |
15) | midterm exam | |
16) | midterm exam | |
17) | • Forced fetch • Search • Description • Legal qualifications and conditions | |
18) | • Description • Purpose and legal nature • Conditions • The seizure decision • Types Judicial review | |
19) | • Body examination and taking samples from the body • Identification of physical identity • Showing location • Supervision of communication through telecommunication • Secret investigator assignment • Monitoring with technical tools | |
20) | • Causes of compensation • Conditions • Scope • Withdrawal of compensation | |
21) | • Generally • The investigation phase • The start of the investigation phase • Those authorized during the investigation phase • Confidentiality of the investigation phase • Investigation procedures Intermediate reasoning phase | |
22) | • Hearing preparation circuit • Hearing circuit • Final decision circuit | |
23) | • General information about the remedies • Subject of audit judgment • Application condition • They can go to the law | |
24) | • The effects of applying to the remedy • Error in application • An objection is made. | |
25) | • The subject of objection is finished • Subject of the appeal • Reasons for appeal • Those who have the right to apply for an appeal • Request for appeal and its duration Appeal judgment | |
25) | General information • Subject of the appeal • Application conditions • Preliminary examination • Reasons for appeal • Appeal review and final decision • Breaking for the benefit of the law | |
26) | • Renewal of the trial • The repeated trial • Right to individual application to the ECtHR and its effect on criminal procedure | |
28) | pratic lesson | |
29) | final exam | |
30) | final exam |
Course Notes / Textbooks: | -Nazari ve Uygulamalı Ceza Muhakemesi Hukuku, Bahri Öztürk, Durmuş Tezcan, Mustafa Ruhan Erdem, Özge Sırma, Yasemin Saygılar, Esra Alan, Seçkin Yayınevi ( Güncel Basım ) |
References: | -GÜNCEL CEZA MUHAKEMESİ KANUNU Prof.Dr. Nur Centel-Doç.Dr. Hamide Zafer, Ceza Muhakemesi Hukuku, (Son Baskısı) -Prof.Dr. Feridun Yenisey- Prof.Dr. Nurullah Kunter- Prof.Dr. Ayşe Nuhoğlu, Ceza Muhakemesi Hukuku, (Son Baskısı) -İlgili Yargıtay Kararları |
Learning Outcomes | 1 |
2 |
3 |
4 |
5 |
6 |
7 |
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Program Outcomes | |||||||
1) List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions. | |||||||
2) Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources. | |||||||
3) Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice. | |||||||
4) Evaluates the knowledge and skills acquired in the field of law with a critical approach. | |||||||
5) Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally. | |||||||
6) Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework. |
No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
Program Outcomes | Level of Contribution | |
1) | List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions. | 3 |
2) | Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources. | 5 |
3) | Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice. | 2 |
4) | Evaluates the knowledge and skills acquired in the field of law with a critical approach. | 4 |
5) | Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally. | 4 |
6) | Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework. | 3 |
Expression | |
Lesson |
Written Exam (Open-ended questions, multiple choice, true-false, matching, fill in the blanks, sequencing) |
Semester Requirements | Number of Activities | Level of Contribution |
Midterms | 1 | % 40 |
Final | 1 | % 60 |
total | % 100 | |
PERCENTAGE OF SEMESTER WORK | % 40 | |
PERCENTAGE OF FINAL WORK | % 60 | |
total | % 100 |
Activities | Number of Activities | Workload |
Course Hours | 31 | 124 |
Laboratory | 14 | 96 |
Total Workload | 220 |