General Theory of Procedural Impediments in Criminal Procedure
In general, procedural impediments refer to prerequisites necessary for the initiation or progression of criminal proceedings. Their function is to condition the initiation or progression of criminal proceedings on the fulfillment of a specific condition. Unlike instances where the accused is tried...
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| Format: | Article |
| Language: | deu |
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Istanbul University Press
2024-12-01
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| Series: | Ceza Hukuku ve Kriminoloji Dergisi |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/9684FCCC075B483B84A7C618EBC15E36 |
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| _version_ | 1849722934399074304 |
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| author | Ali Şahin Kılıç |
| author_facet | Ali Şahin Kılıç |
| author_sort | Ali Şahin Kılıç |
| collection | DOAJ |
| description | In general, procedural impediments refer to prerequisites necessary for the initiation or progression of criminal proceedings. Their function is to condition the initiation or progression of criminal proceedings on the fulfillment of a specific condition. Unlike instances where the accused is tried but not punished due to the non-fulfillment of, for example, a ground for exclusion of punishment, the merits of the case are prevented from being adjudicated. Thus, procedural impediments are distinct from mechanisms like personal reasons for immunity from punishment, which obstruct the penalty of an individual. In this context, procedural impediments are at the intersection of criminal procedural law, substantive criminal law, and various other areas. In this article, procedural impediments are explored by categorizing them into pure and complex types based on their theoretical backgrounds, and it is endeavored to elucidate the theoretical framework of these procedural impediments. |
| format | Article |
| id | doaj-art-528ef82b7f6b4a73a970e8c73bbaca89 |
| institution | DOAJ |
| issn | 2602-3911 |
| language | deu |
| publishDate | 2024-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Ceza Hukuku ve Kriminoloji Dergisi |
| spelling | doaj-art-528ef82b7f6b4a73a970e8c73bbaca892025-08-20T03:11:11ZdeuIstanbul University PressCeza Hukuku ve Kriminoloji Dergisi2602-39112024-12-0112219721510.26650/JPLC2024-1456794123456General Theory of Procedural Impediments in Criminal ProcedureAli Şahin Kılıç0https://orcid.org/0000-0001-7915-2418Ankara Hacı Bayram Veli Üniversitesi, Ankara, TurkiyeIn general, procedural impediments refer to prerequisites necessary for the initiation or progression of criminal proceedings. Their function is to condition the initiation or progression of criminal proceedings on the fulfillment of a specific condition. Unlike instances where the accused is tried but not punished due to the non-fulfillment of, for example, a ground for exclusion of punishment, the merits of the case are prevented from being adjudicated. Thus, procedural impediments are distinct from mechanisms like personal reasons for immunity from punishment, which obstruct the penalty of an individual. In this context, procedural impediments are at the intersection of criminal procedural law, substantive criminal law, and various other areas. In this article, procedural impediments are explored by categorizing them into pure and complex types based on their theoretical backgrounds, and it is endeavored to elucidate the theoretical framework of these procedural impediments.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/9684FCCC075B483B84A7C618EBC15E36criminal procedureprocedural impedimentsprinciple of legalityprinciple of opportunity |
| spellingShingle | Ali Şahin Kılıç General Theory of Procedural Impediments in Criminal Procedure Ceza Hukuku ve Kriminoloji Dergisi criminal procedure procedural impediments principle of legality principle of opportunity |
| title | General Theory of Procedural Impediments in Criminal Procedure |
| title_full | General Theory of Procedural Impediments in Criminal Procedure |
| title_fullStr | General Theory of Procedural Impediments in Criminal Procedure |
| title_full_unstemmed | General Theory of Procedural Impediments in Criminal Procedure |
| title_short | General Theory of Procedural Impediments in Criminal Procedure |
| title_sort | general theory of procedural impediments in criminal procedure |
| topic | criminal procedure procedural impediments principle of legality principle of opportunity |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/9684FCCC075B483B84A7C618EBC15E36 |
| work_keys_str_mv | AT alisahinkılıc generaltheoryofproceduralimpedimentsincriminalprocedure |