Ceza Muhakemesinde Bağlantılı Uyuşmazlıkların Birleştirilmesi
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Tarih
2023Yazar
Elmalı, Miraç Beyza
Ambargo Süresi
Acik erisimÜst veri
Tüm öğe kaydını gösterÖzet
In criminal procedure, it is the rule that each dispute is judged separately. However, the
connection between the disputes paves the way for multiple defendants to be judged
together or for a single defendant to be judged for more than one offense.
The procedures and principles regarding joinder are regulated in Articles 8 to 11 of the
Code of Criminal Procedure No. 5271 and Articles 16 and 280/1-f of the same Code.
Although the aforementioned articles seem to be unproblematic, the fact that joinder is
optional, the disagreements in the doctrine, the ambiguous expressions in judicial
decisions, and other methods that are used inadvertently instead of joinder require
clarification of the concept of connection and the method to be followed in joinder. At
the same time, due to the effects of joinder on the right to a fair trial, it is important to
know the conditions of application of this institution well.
In our study, the issue of joinder has not only been approached from a theoretical
perspective, but also the application of the joinder rules in the light of the numerous
judicial decisions examined. In this way, the points where the doctrine and practice
diverge have been identified, and the conditions of joinder and the procedure to be
followed have been put forward as a result of a comprehensive research. In addition,
the effect of joinder the disputes on the judicial process is analyzed in the context of the
right to a fair trial.