Elements of the Accused's Right to Explaining View in Criminal Procedure

KARAKEHYA H.

JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI, cilt.3, sa.2, ss.199-225, 2015 (ESCI) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 3 Sayı: 2
  • Basım Tarihi: 2015
  • Dergi Adı: JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Sayfa Sayıları: ss.199-225
  • Anahtar Kelimeler: Criminal procedure law, Rights of accused, Right to explaining the ideas, Principle of fair hearing, Right to fair hearing
  • Anadolu Üniversitesi Adresli: Evet

Özet

The right to explaining his view is one of the essential rights of the accused to do his defense effectively. This right in the purest form guarantees for accused to express himself in front of the court. In this context, by guaranteeing the activity possibilities of the accused in the process that could affect court, the right to explaining view provides that the accused can leave as being satisfied from the process. There are three elements of the right to explaining view as right to be informed, right to explanation and right to requesting the consideration of explanations by the court. In this study right to explaining view will be analyzed by considering the elements of this right. The basic method used in the study is constituting our ideas in cause and effect relationship by benefiting from different views of the doctrine and judicial decisions.