| School/Faculty/Institute |
Graduate School |
| Course Code |
HUK 557 |
| Course Title in English |
Appeal in Criminal Procedure |
| Course Title in Turkish |
Ceza Yargılamasında İstinaf Yasa Yolu |
| Language of Instruction |
TR |
| Type of Course |
Lecture |
| Level of Course |
Advanced |
| Semester |
Fall |
| Contact Hours per Week |
| Lecture: 3 |
Recitation: |
Lab: |
Other: |
|
| Estimated Student Workload |
138 hours per semester |
| Number of Credits |
6 ECTS |
| Grading Mode |
Standard Letter Grade
|
| Pre-requisites |
None |
| Expected Prior Knowledge |
Yok |
| Co-requisites |
None |
| Registration Restrictions |
Master's Students Only |
| Overall Educational Objective |
To learn about the purpose and qualifications of the remedy, who is entitled to use it, the conditions for lodging an appeal, the effects of the appeal, the decisions that can be taken by the Regional Court of Appeal. |
| Course Description |
The concept of appeal, its purpose and certain distinctions of appeal, historical development of the criminal appeal procedure and appeal courts, conditions of bringing a case to a criminal appeal court and its effects, actions that can be taken by the criminal appeal courts and judgments given by them are addressed in this course. |
| Course Description in Turkish |
Yasa yolu kavramı, amacı ve yasa yollarının çeşitli ayrımları, istinaf yasa yolunun gelişimi ve istinaf mahkemelerinin tarihçesi, istinaf davası açma koşulları, istinaf davasının etkileri, bölge adliye mahkemesince yapılacak işlemler ve verilecek kararlar ele alınmaktadır. |
Course Learning Outcomes and Competences
Upon successful completion of the course, the learner is expected to be able to:
1) Learn the concept, philosophy and types of appeals.
2) Understand the conditions for lodging an appeal and the effect of an appeal on the judgement of the first instance court.
3) Learn the procedures to be followed by the Regional Court of Appeal and the decisions to be made by the Regional Court of Appeal on the application to appeal.
4) Information on whether there is a right of appeal against decisions of the district court.
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| Program Learning Outcomes/Course Learning Outcomes |
1 |
2 |
3 |
4 |
| 1) Build on the theoretical and practical skills obtained during the undergraduate degree for the subjects within the domain of human rights law. |
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| 2) Keep updated concerning developments in jurisprudence and legislation. |
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| 3) Diagnose sources of legal disputes in the domain of human rights law, and applying rules and regulations for solving these disputes. |
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| 4) Critically analyze existing regulations and theory and proposing new insights to old and new problems occurred in the domain of human rights law. |
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| 5) Ability to describe processes and theories both verbally and in writing on national and international platforms within the field of human rights law. |
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| 6) Awareness of social, scientific and ethical values regarding human rights law field all related professional activities. |
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| 7) Ability to communicate in English both verbally and in writing at European Language Portfolio General Level B2. |
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| 8) Understanding of social and environmental aspects of legislative and jurisprudential measures and theories. |
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Relation to Program Outcomes and Competences
| N None |
S Supportive |
H Highly Related |
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Program Outcomes and Competences |
Level |
Assessed by |
| 1) |
Build on the theoretical and practical skills obtained during the undergraduate degree for the subjects within the domain of human rights law. |
S |
HW,Presentation
|
| 2) |
Keep updated concerning developments in jurisprudence and legislation. |
H |
HW,Presentation
|
| 3) |
Diagnose sources of legal disputes in the domain of human rights law, and applying rules and regulations for solving these disputes. |
H |
HW,Presentation
|
| 4) |
Critically analyze existing regulations and theory and proposing new insights to old and new problems occurred in the domain of human rights law. |
S |
HW,Presentation
|
| 5) |
Ability to describe processes and theories both verbally and in writing on national and international platforms within the field of human rights law. |
N |
|
| 6) |
Awareness of social, scientific and ethical values regarding human rights law field all related professional activities. |
S |
HW,Presentation
|
| 7) |
Ability to communicate in English both verbally and in writing at European Language Portfolio General Level B2. |
N |
|
| 8) |
Understanding of social and environmental aspects of legislative and jurisprudential measures and theories. |
S |
HW,Presentation
|
| Prepared by and Date |
ALİ RIZA ÇINAR , |
| Course Coordinator |
AKTS1 |
| Semester |
Fall |
| Name of Instructor |
Prof. Dr. ALİ RIZA ÇINAR |
Course Contents
| Week |
Subject |
| 1) |
The concept and purpose of appeals |
| 2) |
Different types of appeal |
| 3) |
The development of the appeal and the history of the appellate courts |
| 4) |
Statutory regulation of the right of appeal
|
| 5) |
Persons entitled to appeal |
| 6) |
Judgments and decisions against which an appeal is open and closed
|
| 7) |
Conditions for filing an appeal and the effects of an appeal |
| 8) |
Examination of the conditions for appeal by the court that handed down the judgement, notification of the appeal and receipt of the parties' comments. |
| 9) |
Measures to be taken by the regional court of appeal |
| 10) |
Decisions that the Regional Court of Appeal may take after examining the case on the merits |
| 11) |
Decisions that the Regional Court of Appeal may take after examining the case on the merits |
| 12) |
Prosecution stage before the Regional Court of Appeal |
| 13) |
Decisions of the Regional Court of Appeal at the end of the hearing |
| 14) |
Appeals against decisions of the Regional Court of Appeal |
| 15) |
End of term exams |
| 16) |
End of term exams |
| Required/Recommended Readings | - Türk ve Alman Ceza Yargılama Hukukunda İstinaf, Ali Rıza ÇINAR
- Ceza Muhakemesinde Yeni Bir Denetim Muhakemesi Yolu Olarak İstinaf, Mustafa Ruhan ERDEM
- Ceza Muhakemesi Hukukunda İstinaf, Ali Tanju SARIGÜL
- İstinaf, Ceza Muhakemesi Hukukunda İstinaf ve Tekrar Kabulü Sorunu, Feridun YENİSEY
|
| Teaching Methods | Lecture, homework and presentation |
| Homework and Projects | |
| Laboratory Work | |
| Computer Use | |
| Other Activities | |
| Assessment Methods |
| Assessment Tools |
Count |
Weight |
| Homework Assignments |
1 |
% 60 |
| Presentation |
1 |
% 40 |
| TOTAL |
% 100 |
|
| Course Administration |
cinarr@mef.edu.tr
Ödevlerin zamanında teslim edilmemesi ve sunuma ilişkin yükümlülüklerin mazeretsiz yerine getirilmemesi halinde öğrenci değerlendirmeye alınmayacaktır. |
Information Package / Course Catalogue