Ceza Muhakemesi Hukukunda tanıklık
Başlık çevirisi mevcut değil.
- Tez No: 41567
- Danışmanlar: PROF.DR. ERALP ÖZGEN
- Tez Türü: Doktora
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1995
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 434
Özet
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Özet (Çeviri)
SUMMARY Law is a system of values. It projects the values of the sovereign and its objective is to instruct the society to act in accordance with these values. When the law is violated, the values and the objectives of the law system are damaged. So, to compensate the damages in the broad sense, sanctions must be applied to the violater. Procedural law is the branch of law which aims to find out whether the rule of law is violated, the way of the violation, the identity of the violater and, the sanction to be applied to him. To achieve this goal, the material dispute must be dramatized before the authorized officials of the state. The only way to dramatize the material dispute which occured in the past is using instruments called“evidence”. Testimony is one these instruments. In criminal procedure, due to the impossibility of arranging evidence before the dispute arises, testimony is the most important evidence. The source of the testimony is a person. If this person has no post in that particular procedure, he is named as 'witness." Witness has many duties and rights. His main right is to get a compensation for attending the investigation. His first duty is to produce himself before the legal authority who invited him to give evidence. He must testify about the event which he witnessed. This testimony of course must be true. He is obliged to testify under oath. In continental procedural law, witnesses recite with no interruption. After that, they are examined by the trial judge, prosecuter and the defendant. The questions asked to the witness should not be suggestive. When evaluating a testimony, the legal authority must always keep in mind that a human being's perceptions and memory may be defected by434 many factors, such as senses operating under normal capacity, environmental conditions, elapsed time etc. Besides it must always be remembered that a witness who has an interest with the dispute or the parties may not be genuine. In our theses all the different aspects of testimony and witness have been tried to be analysed. During this analyses connections with the Constitution, Criminal Procedure Code and, International Law are made and Turkish Law is compared with foreign laws such as German, Anglo-Amerikan and Anglo-Sakson. Also in every section some new ideas and pref osals about this subject are put forward.
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