The aim of Courth of Cassation Practices in Criminal Law course is to give information about the definition, history, aim and basic principles of criminal law in the light of the new Turkish Criminal Code and give students the ability to solve problems encountered in this area by analysing related Supreme Court's Decisions.
Prerequisite(s)
None
Corequisite(s)
None
Special Requisite(s)
None
Instructor(s)
Lecturer Hasan GERÇEKER
Course Assistant(s)
Res. Asst. Mehmet Can Tok
Schedule
Tuesday, 13.00-14.45, Online Education
Office Hour(s)
Öğr. Gör. Hasan Gerçeker: h.gerceker@iku.edu.tr
Res. Asst. Mehmet Can Tok: m.tok@iku.edu.tr
Teaching Methods and Techniques
-Discussion, presentation, dissertation and case study
Principle Sources
--Demirbaş; Timur, Ceza Hukuku Genel Hükümler, Seçkin Yayınları, Ankara, 2020
- Öztürk; Bahri - Erdem; Mustafa Ruhan, Uygulamalı Ceza Hukuku ve Güvenlik Tedbirleri Hukuku, Seçkin Yayınları,Ankara, 2020
- Tezcan; Durmuş – Erdem; Mustafa Ruhan – Önok; R. Murat, Teorik ve Pratik Ceza Özel Hukuku, Seçkin 2020
-Court of Cassation's Decisions
Other Sources
-Criminal law legislations and regulations.
Course Schedules
Week
Contents
Learning Methods
1. Week
Definition, history and the basic principles of criminal law.
OP
2. Week
History, Sources and interpretation of criminal rules and analysing related Supreme Court’s Decisions.
OP,R,CS
3. Week
General theory of crime, its aim, contradictions to law and crimes and analysing related Supreme Court’s Decisions.
OP,R,CS
4. Week
Elements of crime in general, systems and the facts effective on punishment and analysing related Supreme Court’s Decisions.
OP,R,CS
5. Week
Corpus delicti, its elements and relation with the act and illegality.
OP,R,CS
6. Week
The offender, subject of the crime, the act, function of the act, theories explaining the act as elements of corpus delicti and analysing related Supreme Court’s Decisions.
OP,R,CS
7. Week
Action competence, crimes according to the type of action, crimes according to the quantity of action and analysing related Supreme Court’s Decisions.
OP,R,CS
8. Week
Presentation
9. Week
The concept of result, Offences Aggravated As A Result Of Injurious Consequences, offences according to the quantity of results and analysing related Supreme Court’s Decisions.
OP,R,CS
10. Week
Principle of causality, determination of causality, interruption of causality, objective criminal charge and analysing related Supreme Court’s Decisions.
OP,R,CS
11. Week
The concept of illegality in general, execution of mandatory provisions and analysing related Supreme Court’s Decisions..
OP,R,CS
12. Week
Execution of the order of supervisor, self defense and analysing related Supreme Court’s Decisions.
OP,R,CS
13. Week
State of necessity, use of a right and analysing related Supreme Court’s Decisions.
OP,R,CS
14. Week
Consent of the concerned body, exceeding the limits of excusatory and mitigating causes and analysing related Supreme Court’s Decisions.
OP,R,CS
15. Week
Final exams
16. Week
Final exams
17. Week
Assessments
Evaluation tools
Quantity
Weight(%)
Midterm(s)
1
20
Final Exam
1
80
Program Outcomes
PO-1
1. Have the ability to reach and evaluate information sources
PO-2
2. Have the ability to use, compare, interpret, deduce from and apply scientific data
PO-3
3. Have historical knowledge enabling to interpret modern law achievements
PO-4
4. Have the ability to use Turkish efficiently verbally and in written
PO-5
5. Have the ability to follow up professional literature at least in a foreign language
PO-6
6. Have acquired professional and ethical sense of responsibility
PO-7
7. Have the ability to use vocational information technologies efficiently for solution of legal problems
PO-8
8. Have the ability to apply information acquired to solution of a concrete case
PO-9
9. Have full knowledge of legal rules which regulate relationship among natural legal persons and have the ability to interpret such rules
PO-10
10. Have full knowledge of legal rules which regulate relationship between individual and state and have the ability to interpret such rules
PO-11
11. Have the ability to practice the profession as a lawyer who adopts universal principles of law
PO-12
12. Have full knowledge of basic concepts and rules regarding structure and relationship manners of international community; have the ability to interpret and discuss about the foregoing
PO-13
13. Have basic knowledge enabling to evaluate international community’s common issues and their possible solutions
PO-14
14. Have knowledge enabling to apply to human rights bodies having a supranational judicial quality and to follow up the process
PO-15
15. Have knowledge on the European Union (EU) 'Acquis Communautaire' and operation of the EU institutions
PO-16
16. Have a world view enabling to question, criticize and develop law in direction with needs of humanity
PO-17
17. Have knowledge on historical development process of jurisprudence and judicial systems
PO-18
18. Have the ability to solve actual legal problems within the frame of contemporary legal approaches
PO-19
19. Be at the level of understanding and knowledge which reflects all qualities in the best way required by the profession on national and international scale
PO-20
20. Have full knowledge of legal arrangements and practices regarding economic and financial mechanisms
PO-21
21. Have knowledge on historical development of rights of individuals and societies and on basic texts adopted during the process
PO-22
22. Have the ability to express himself individually and before a group
PO-23
23. Have the ability to use, compare, interpret, deduce from and apply scientific data
PO-24
24. Have the ability to follow up regulations and legal quests in order to meet new needs appeared within the frame of relationships between individuals
PO-25
25. Have the ability to cooperate by implementing activities during courses, hypothetical law suits and judicial studies and other vocational and academic visits
PO-26
26. Have the ability to understand and handle national and international dimensions of law, jurisprudence and practices by means of follow up
PO-27
27. Have knowledge of international judicial bodies and their ways of operation
Learning Outcomes
LO-1
To have knowledge on the fundamental principles of criminal law
LO-2
To have knowledge on the practice of criminal law
LO-3
To have knowledge on Court of Cassation precedents
LO-4
To have the ability to criticise Court of Cassation rulings in accordance with criminal law knowledge