Criminal Procedure Law No. 5271 (CMK), judicial subjectsWhile regulating the law, it has given special importance to “the one who has been harmed by the crime” and many powers not found in the CMUK.and rightfully granted. In this way, CMK strengthened the personal claim; revealing the material truthclinched the importance of the personal claim in […]
Legal regulation:The rights of the victim and the complainant in Article 234 of the Law No. 5271edited. According to this; If the victim and the complainant do not have a representative, the bar associationhas the right to request the appointment of a lawyer. The victim is under the age of eighteen,deaf or dumb or disabled […]
Can the Attorney for the Complainant Hear in the Preliminary Investigation?In practice, during the preliminary investigation, while the victim is resting,An attorney is also present. However, pursuant to article 236 of the CMK; “(1) VictimIn the event that he is heard as a witness, the provisions regarding the testimony apply, except for the oath…(2)The child […]
One of the most discussed and confusing evidences in criminal proceedings,cassettes containing video or audio recordings. Many times, these tapes, by whom, whereand regardless of how it was obtained, it is considered unlawful and cannot be substituted.are not allowed. However, the unconditional, unlawful evidence of audio and video recordingscannot be accepted asFirst of all, it […]
The concept of reason in this theory will be contrary to the law and sense of justice.is claimed to be expanded. The limit at which chain logic will stop in the form of conditional conditionunknown. According to this theory, in every murder crime, the person who invented the gun causes the crime.perhaps it would be […]
The definition of causality is not given in the TCK and there is no clear regulation in this regard.not done. However, in Article 23, which regulates the “crime aggravated by consequence”: “An actIn the event that it causes the formation of a more serious or other result than intended, the person’sto be held responsible for […]
T.R. Supreme Court 1st Law Office Base: 2016/ 15630 Decision: 2020 / 798 Decision Date: 12.02.2020 JUDICIARY DECISION COURT: CIVIL COURT OF FIRST INSTANCE TYPE OF CASE: DEED> CANCELLATION AND REGISTRATION In the case between the parties; The plaintiff stated that the joint inheritors registered their immovable properties, no. 101, 13, 116, 127 and 148 […]
T.R. JUDICIARY 1st Civil Chamber Basis: 2019/ 3518 Decision: 2020 / 762 Decision Date: 10.02.2020 JUDICIARY DECISION COURT: …REGIONAL COURT OF COURT OF COURT 1st LAW OFFICE TYPE OF CASE: DEED> CANCELLATION AND REGISTRATION In the case that was brought together between the parties; In the original and joined lawsuit, the plaintiffs have conveyed that […]
T.R. JUDICIARY 20th Law Office Base: 2019/ 4647 Decision: 2020 / 225 Decision Date: 20.01.2020 JUDICIARY DECISION COURT: Magistrate’s Court At the end of the hearing of the case between the parties, the decision of the Supreme Court was requested by the plaintiff’s attorney, and after the decision to accept the appeal petition, which was […]
T.R. YARGITAY 20th Law Office Principle: 2019/ 3523 Decision: 2019 / 6673 Decision Date: 18.11.2019 SUMMARY: The condition of litigation is one of the exceptions to the prohibition of reversing and should be observed ex officio by the court at every stage of the proceedings. It is not correct that the payments made before the […]
