11 Apr Principles That Dominate Criminal Law
What Are The Principles That Dominate Criminal Law?
Criminal law does not consist solely of regulated laws and regulations. In this context, there are principles governing criminal law proceedings which regulate the trial and are also included in the legal legislation. The article and the application of Criminal Procedure Law is not sufficient in the content of the trial and the accepted principles used in the claim and defense are called the principles that dominate the criminal law.
Principles Of Criminal Proceedings
The principle of legality of crimes and punishments: the basic purpose of this principle is to secure the freedom of individuals against the state and to have knowledge of the rule to be applied against them as a result of the person’s actions. In short, the principle of lawfulness, in other words, the principle of “no crime without law” means that a person can only be punished as a result of acts that are ruled by law and whose actions are stated as crimes.
The principle of public awareness of the criminal case is: the realization of the complaint requirement in the crimes related to the complaint, and the initiation of the criminal case by making the necessary investigations of the public prosecutor upon receiving the news of the crime in the crimes not related to the complaint. In short, the principle of public awareness of the criminal case means the initiation of the case with the public authority and the execution of the case with the public authority.
The principle of judicial independence and impartiality: judicial independence refers to the ability of the courts to perform their duties independently in the face of legislative and executive power. The purpose of judicial independence is to ensure impartiality in the name of Justice. If neutrality is considered bi-directional, it means both the neutrality of the court against the political parties and the neutrality between the parties in the trial.
Principle of no trial without trial: the court can only decide on the act and the perpetrator of the crime, the elements of which are shown in the indictment. The judge cannot make a decision on an act without an indictment.
Direct truth of the evidence/the principle of incompetence: it means that the judge makes his decision by contacting the evidence directly. That is, if the evidence is oral, the judge will listen to it in court and if it is written, he will reach it directly.
The principle of lexicography of the hearing: as a rule, the matters expressed and discussed orally in the hearing are based on the judgment. That is, any written evidence brought from outside, for example, even the expert report, can be taken as a basis for judgment after being read orally during the trial.
The principle of public hearing: the principle of public hearing allows both the presence of everyone in the hearing room as a listener, to the extent permitted by physical conditions, and the presence of people in the hearing room to explain what they see and hear outside the hearing. However, in cases where the general morality or public security is absolutely necessary, it may be decided that the whole or part of the hearing shall be held indoors. If the defendant is under eighteen years of age, it is a legal obligation for the trial to be held indoors. This closed hearing cannot be broadcast by means of communication in any way. In some cases, the publication of the contents of the hearing is prohibited, although the hearing is not closed. If the content of the open hearing is of a nature that touches national security or general morality or the dignity, dignity and rights of persons or incites them to commit crimes, the court prohibits the publication of the content of the hearing in whole or in part with the purpose of preventing them and to the extent necessary, and shall
The principle of in dubio pro reo: if a person claims to have committed a crime according to this principle, which is fully valid in the doctrine and practice as of today, in order to be convicted of that crime, it must be conclusive with all the evidence that he has committed that crime. If the court cannot establish that the person has committed the crime and if there is no evidence to that effect, it is necessary to admit that the person did not commit the act.
Presumption of innocence/innocence: a person who is tried for a crime cannot be considered as a convict unless his guilt about the alleged crime is confirmed by a court order. The presumption of innocence is a right that guarantees the impartiality of the courts and prevents the defendant from being treated as a criminal in a manner that does not constitute a pre-trial period. In order for the presumption of innocence to be applied, the existence of a criminal accusation is required first. The presumption of Innocence begins to apply not only at the prosecution stage, but from the moment a crime has been attributed to him and from the moment an allegation exists.
The principle of trial in reasonable time: the fairness of a trial requires that it be concluded within reasonable time. With this principle, people’s confidence in judgment is strengthened. The view of this principle in terms of civil law is in the form of the “principle of procedural economics”, but the principle is that the person gets his right as soon as possible. There is of course no specific standard in determining reasonable time. Each concrete event needs to be evaluated and evaluated individually.
The principle of fair trial: it refers to the right to be tried in a reasonable and public manner by means of an independent, impartial and natural judge before independent judges, in which the parties are on equal terms, the right to defend is considered a superior value, and the right to be tried within the framework of human rights. When considered in terms of Criminal Procedure, the prosecution and Defence Authority must be equal. In accordance with this principle, the trial should be conducted in a manner determined by law, open trial should be conducted and the decisions given should be reasoned. Under this principle, the court is responsible for effectively examining the grounds, claims and evidence of the parties. AHIS 6 of this principle, which was also assured by the ECHR and the Constitution. The forms of appearance under the article are as follows::
1. the right to sue in legal, independent and impartial courts
2-right to fair trial
3-right to trial in reasonable time
4.the right to be tried publicly.
The principle of contradictory reasoning: it means that all the subjects of the reasoning, that is, the prosecution and defence authorities, should be aware of each other’s actions and have the necessary time to prepare their case against them. The contradiction means that each of the subjects of the reasoning put forth their opinion regarding the subject of the reasoning for reconsideration. That is, the prosecution puts forth its allegation. The Defence Authority makes its defence against the charge. As a result, the judicial authority evaluates the subjects and comes to a conclusion.
Natural Judge principle: it is the natural Judge principle that the court and therefore the judge who will examine the event before the event that will result in legal consequences should be certain. In terms of Criminal Procedure, the person expresses the right to be tried before the date of the crime attributed to him and established by law.
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