Ceza Muhakemesinde Bağlantılı Uyuşmazlıkların Birleştirilmesi

Abstract

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.