Ceza Muhakemesi Şartlarının Genel Teorisi.

KILIÇ, Ali Şahin

In general, procedural impediments refer to prerequisites necessary for the initiation or progression of criminal proceedings. Their function is to condition the initiation or progression of criminal proceedings on the fulfillment of a specific condition. Unlike instances where the accused is tried but not punished due to the non-fulfillment of, for example, a ground for exclusion of punishment, the merits of the case are prevented from being adjudicated. Thus, procedural impediments are distinct from mechanisms like personal reasons for immunity from punishment, which obstruct the penalty of an individual. In this context, procedural impediments are at the intersection of criminal procedural law, substantive criminal law, and various other areas. In this article, procedural impediments are explored by categorizing them into pure and complex types based on their theoretical backgrounds, and it is endeavored to elucidate the theoretical framework of these procedural impediments.

CRIMINAL procedure; LEGAL procedure; CRIMINAL law; IMMUNITY

Ceza Hukuku & Kriminoloji Dergisi, 2024, Vol 12, Issue 2, p197

2148-6646

Academic Journal

10.26650/JPLC2024-1456794