Olağan kanun yolu olarak istinaf ve bölge adliye mahkemesi cumhuriyet savcısının istinafta rolü

Abstract

Appeal is anticipated as a usual law way with the code of 5235 Nr. Construction, Jurisdiction and Competence of Courts of First Instance of General Judgement of Justice and Circuit Courts of Appeal, accepted in 26.09.2004 and 5271 Nr. Criminal Procedure Code, came into force in Turkish Criminal Law. In this master thesis, remedy of appeal which is accepted but the its validity is postponed in Turkish Criminal Code and the role of Public Prosecutor in this law way is studied. The study consist of two main chapters. In the first main chapter; definition, judicial character, purpose, varieties, historic developments, favourable and infavourable opinions of appeal is explained. In the second part of the first main chapter; subject matter of the appeal, effects of appeal, essentials of appeal, reasons and apellate judgement is explained. In the third part of the first main chapter; appeal in cassation and motion for new trial, probable processes of law may be applied after the judgement of appeal are explained. In the second main chapter; definition, judicial character, historic development of Public Prosecutor is explained. In the second and third part of the second main chapter; the basic duties and authorities and the role of Public Prosecutor in appeal system is clarified, respectively.