The aim of the Digital Criminal Procedure Law course is to provide information on how to digitize criminal procedure in a rapidly digitalizing world. At this point, within the current structure of the Criminal Procedure Code numbered 5271, how this digitalization can be achieved is to develop a critical view on these issues by providing information on how to provide a fair digital criminal procedure in accordance with the basic principles of criminal procedure law, protecting human rights.
Prerequisite(s)
-
Corequisite(s)
-
Special Requisite(s)
-
Instructor(s)
ProfessorDr. h.c. Mult. Bahri ÖZTÜRK
Course Assistant(s)
Res. Asst. Mehmet Can Tok
Schedule
Tuesday, 15.00-16.45, Online Education
Office Hour(s)
Prof. Dr. Dr. h.c. mult. Bahri Öztürk, b.ozturk@iku.edu.tr
Res. Asst. Mehmet Can Tok, m.tok@iku.edu.tr
Teaching Methods and Techniques
- Lecture
Principle Sources
- Tezcan, Durmuş/Sırma Gezer, Özge/Saygılar Kırıt, Yasemin F./Altınok Çalışkan, Elif/ Özaydın, Özdem/Erden Tütüncü, Efser/Güzel, İdris/Köker, Nilüfer/Altınok Villemin, Derya/Tok, Mehmet Can, (Ed. Bahri Öztürk, Durmuş Tezcan, Mustafa Ruhan Erdem), Dijital Ceza Muhakemesi Hukuku, Seçkin Yayıncılık, 1. Baskı, Haziran, 2021
Other Sources
- Lecture notes.
Course Schedules
Week
Contents
Learning Methods
1. Week
An overview of the digitalization of criminal procedure within the scope of the Criminal Procedure Code No.5271
OP
2. Week
How criminal procedure requirements are applied in digital criminal procedure
OP
3. Week
Adaptation of general principles of criminal procedure law into digital criminal procedure law
OP
4. Week
Protection of human rights in digital criminal procedure law
OP
5. Week
Criminal procedure organization in digital criminal procedure law, and the roles of persons involved in criminal procedure in digital criminal procedure – 1
OP
6. Week
Criminal procedure organization in digital criminal procedure law, and the roles of persons involved in criminal procedure in digital criminal procedure – 2
OP
7. Week
Criminal proceedings in digital criminal procedure, proof in digital criminal proceedings
OP
8. Week
Overview of protection measures in digital criminal procedure law, application of apprehension and detention measures in digital criminal proceedings
OP
9. Week
Implementation of arrest, judicial control, and enforcement measures in digital criminal procedure law
OP
10. Week
Implementation of search, seizure, and new protection measures in digital criminal procedure law, compensation for protection measures in digital criminal procedure law
OP
11. Week
The progression of digital criminal procedure
OP
12. Week
An overview of legal remedies in digital criminal procedure law, objection and appeal
OP
13. Week
Cassation and extraordinary remedies in digital criminal procedure law
OP
14. Week
Case study and project presentations
OP, CS
15. Week
Finals
16. Week
Finals
17. Week
Assessments
Evaluation tools
Quantity
Weight(%)
Final Exam
1
100
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
I. Gain knowledge of how to conduct a digital criminal procedure within the scope of the Criminal Procedure Law No. 5271.
LO-2
II. Gain knowledge of how to apply the basic principles of criminal procedure law in a digital criminal procedure.
LO-3
III. Gain knowledge of the protection of human rights in digital criminal procedure.
LO-4
IV. Gain knowledge of the effects of digitalization of criminal procedure on criminal procedure organization.
LO-5
V. Learn about the roles of people participating in criminal procedure in digital criminal procedure.
LO-6
VI. Gain knowledge of proof in digital criminal procedure.
LO-7
VII. Gain knowledge of how to apply protection measures in digital criminal procedure.
LO-8
VIII. Gain knowledge of the functioning of legal remedies in digital criminal procedure.