COURSE UNIT TITLE

: CRIMINAL PROCEDURE LAW

DEGREE PROGRAMMES

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
HUK 4059 CRIMINAL PROCEDURE LAW COMPULSORY 2 0 0 6

Offered By

Law

Level of Course Unit

First Cycle Programmes (Bachelor's Degree)

Course Coordinator

ASSOCIATE PROFESSOR KORAY DOĞAN

Offered to

Law

Course Objective

This course' s objective is to search the process of discovering reality about crime without doubt. In addition to discover the reality about crime, this course is aimed to protect fundamental rights and freedoms and to make functional culprit and victim' s rights.

Learning Outcomes of the Course Unit

1   To learn the basic terms and concepts of criminal procedural law.
2   To apprehend the importance of adjective law in the criminal norms
3   To learn the steps that are related with the process of criminal procedural law.
4   To bring in a verdict of guilty, to express observing the national and universal norms with are entailed.
5   To express the conditions for applying the protective measures
6   To explicate the peremptory rules for good judging.
7   To acquire the ability of expressing rights and tasks of criminal procedural law' s subjects
8   To acquire the ability of expressing verdict types and learn how to appeal against these verdicts.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 - General Information about course' s objective and content. - To inform about course' s process method. - To inform about supplementary resources, online databases, case law programmes.
2 -The description, objective, place in law system of criminal procedural law, -Brief historical account of criminal procedural law. - The relationship of criminal procedural law with other law branches. - Resources of Criminal Procedural Law
3 - Interpretation of criminal procedural law rules and analogy (comparasion), - General Principles about sphere of application of criminal procedural law rules, - Sphere of application of procedural law rules in terms of place and time.
4 - The principles of criminal procedural process. - Rule of law, Protection of human dignity, Ban on torture, Right to a fair trial.
5 I. Practice (Case study)
6 - The principles of independent and impartial tribunal, effective participation in the proceedings, benefit of the doubt, public hearing, the right to privacy and respect to private life, verbal-written, The obligation of the judicial authorities finding truth, The principle of immediacy and its exceptions, obligation of prosecution, other principles - Ethic principles for penalty justice.
7 - Resources of criminal procedural law -Interpretation of criminal procedural law rules - analogy (comparison) - Sphere of application of criminal procedural law rules in terms of place and time.
8 - II. Practice (Case study).
9 - Sphere of applicaton of criminal procedural law rules - Practice area of criminal procedural law rules in term of Place, - Practice area of criminal procedural law rules in term of Person, - Practice area of criminal procedural law rules in term of Time.
10 - Organization schema of criminal justice system, - The phases of criminal judging process, - General requirements to initiate criminal process, - Requirements to initiate investigation phase and consequences of their absence, - Requirements to prosecution trial phase and consequences of their absence.
11 - The phases of criminal procedural judging and process. - Early (foreground) investigations - Investigation phase in criminal procedural process. - Persons who are participated in investigation phase. - Prosecutor - Prosecutor in 5271 numbered Turkish Criminal Procedural Code - Judge - Law enforcement agencies
12 - Victim, offended person, partaker, Suspect.
13 - Defendant, judicial law enforcement, clerk of the court and other people who take part during judicial process.
14 I. Midterm
15 I. Midterm
16 - Practicing of investigation phase - Implementation of protective measures - Capture, arrest -Duration in criminal procedural process and their types. Contradiction to law in criminal procedural law. - Legal intermission
17 - Arrest and legal control - Forced bringing - Search
18 - III. Practice (Case study)
19 - Seizure - Search, copy and seizure in computers and computer programmes.
20 - Hidden protective measures - Communication inspection by telecommunication - Appointing hidden investigator - Observation with technical instruments
21 - Body examination and taking a sample from body - Determination of physical identification - Showing place - Completing of investigation phase.
22 - Prosecution phase -Persons who are participated in prosecution phase (Court, Prosecutor, Culprit, Defender, Advocate, Clerk of the court and others)
23 - Trial phase. -Practice of trial. -Instruments of acquiring evidence and assessing (Court expert, survey).
24 - Ordinary Remedies and their types -Denial, (obs) appeal - Appeal -Kanun yararına bozma, Extraordinary denial, renewal of judging, repeating of judging, - Individual application right.
25 - Special and secondary judgements (defaulters and fugitive's judging) - Judging at high criminal court with special authority.
26 - Prosecution of juveniles.
27 - Reconciliation - Seizure - Judging of officials.
28 II. Midterm
29 II. Midterm

Recomended or Required Reading


1. Özbek Veli Özer/Kanbur M. Nihat/Doğan Koray/Bacaksız Pınar/Tepe Ilker, Ceza Muhakemesi Hukuku, Ankara, 2021.
2. Öztürk Bahri/Tezcan Durmuş/Erdem M. Ruhan/Sırma Özge/Saygılar F. Yasemin/Alan Esra, Nazari ve Uygulamalı Ceza Muhakemesi Hukuku, Ankara, 2021.
3. Hakeri Hakan/Ünver Yener, Ceza Muhakemesi Hukuku, Ankara, 2021.
4. Centel Nur/Zafer Hamide, Ceza Muhakemesi Hukuku, Istanbul, 2021.


Supplementary Resources:
1. The web site of Constitutuional Court, www.anayasa.gov.tr
2.The web site of Council of State, www.danistay.gov.tr
3. The web site of Supreme Court of Appeals, www.yargitay.gov.tr
4. The web site of Military Court of Appeal, www.msb.gov.tr/ayim
5. Official Gazete,https://www.resmigazete.gov.tr
6. Ministry of Justice, www.adalet.gov.tr
7. Turkish Grand National Assembly, www.tbmm.gov.tr
8. The web site of Türkiye Bar Association, www.barobirlik.org.tr
9.Online database, beckonline, swissonline, springlink etc.
10. Several caselaw programmes.

Planned Learning Activities and Teaching Methods

Lectures, case studies, examining verdicts, visits to courts, law offices and penal institutions.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE 1 MIDTERM EXAM 1
2 MTE 2 MIDTERM EXAM 2
3 MTEG MIDTERM AVERAGE GRADE roundVZ1 * 0.50 + VZ2 * 0.50,0
4 MTE MIDTERM EXAM
5 FIN FINAL EXAM
6 FCG FINAL COURSE GRADE roundKPU + FN,0
7 RST RESIT
8 FCGR FINAL COURSE GRADE (RESIT) roundKPU + BUT,0


Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

Doç. Dr. Koray Doğan
Dokuz Eylül University - The Faculty of Law- Tınaztepe Campus-
Buca 35360 Izmir/ TURKEY
Telephone: (90) (232) 301 62 16
Fax: (90) (232) 301 60 09
E-Mail: koraydgn@gmail.com, koray.dogan@deu.edu.tr

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 25 2 50
Preparation for midterm exam 2 15 30
Preparation for final exam 1 20 20
Preparations before/after weekly lectures 25 2 50
Midterm 2 1 2
Final 1 2 2
TOTAL WORKLOAD (hours) 154

Contribution of Learning Outcomes to Programme Outcomes

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CONTACT INFORMATION
Dokuz Eylül Üniversitesi Cumhuriyet Bulvarı No: 144 35210 Alsancak / İZMİR
Phone: +90(232) 412 12 12 - Fax: +90 (232) 464 81 35

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