Ceza Muhakemesi anlamında bir kanun yolu olarak Anayasa Mahkemesine bireysel başvuru


Thesis Type: Postgraduate

Institution Of The Thesis: Marmara University, Institute of Social Sciences, Department of Public Law, Turkey

Approval Date: 2017

Thesis Language: Turkish

Student: VEYSEL TOPUZ

Supervisor: AHMET GÖKCEN

Open Archive Collection: AVESIS Open Access Collection

Abstract:

In this master's thesis which named of "Individual Application to Constitutional Complaint in Terms of Penal Procedure Law" the procedures and principles of the individual application route, which constitutional amendments made on 12/09/2010 are accepted by the people's vote and are included in our legal system, have been examined. Our thesis work, mainly consists of four main sections. In the first part, the definition of the individual application path was clarified and the legal nature was explained and the types of constitutional applications in other legal systems, from Europe to Far East Asia were examined. In the second part, general information about the ways of the law for the better understanding of the effect of the individual application path to the criminal proceedings was given and the individual application was evaluated within this scope. In the third chapter, the requirements of the Constitutional Court for the individual applicantion, as provided for in the Turkish Law, were examined under the terms of the Constitution and the 6216 n. Law regulations. Finally; in the last chapter, which constitutes the fourth and the main conclusions of our thesis, The Constitutional Court's (AYM) decisions on individual applications and their impact on criminal proceedings and their consequences were examined. Key Words : Individual Application to the Constitutional Court, ways of law, decisions on individual application, effect on criminal proceedings.