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- Title
A CRITICAL EVALUATION OF THE PROVISIONS INCLUDING THE CONCEPT OF 'REASON' IN THE TURKISH CRIMINAL PROCEDURE CODE.
- Authors
GÜRÜHAN, Caner
- Abstract
In the third paragraph of Article 141 of the Constitution, it is stated that the decisions of all courts shall be written with reason, and in accordance with this regulation, it is emphasized in Article 34 of the Criminal Procedure Code that all kinds of decisions rendered by the judge and courts, including dissenting opinions, shall contain reasons. However, the legislator has not confined itself to these constitutional and general regulations and has preferred to specifically regulate that the reason would be sought in certain matters, such as transferring of a lawsuit, expertise, and pre-trial detention in some articles of the CPC. This approach has been continued by the amendments made, and the number of articles that include the concept of reason has gradually increased. Considering these amendments, which were undoubtedly made in order to secure the right to a reasoned decision, along with the already existing problems regarding the concept of reason stemming from the legislation, they have mostly led to the exact opposite of what was intended. These drawbacks could be minimized by the suitable amendments to the CPC, to Articles 34, 230, and 232 in particular.
- Subjects
CRIMINAL procedure; CRIMINAL codes; LEGAL judgments
- Publication
Law & Justice Review, 2022, Vol 12, Issue 23, p151
- ISSN
1309-9485
- Publication type
Article