Ceza Kovuşturmalarinin Aktarilmasi

Abstract

It is one of the legal aid institutions that envisage international cooperation with the transfer of criminal proceedings, extradition of criminals, recognition of foreign decisions and transfer of convicts. The increasing traffi c of people and goods all over the world has also increased the commitment of cross-border crimes, and it has become a common situation for the perpetrator who commits a crime in one state to fl ee to another country. In criminal law, if more than one state has jurisdiction, the resolution of jurisdictional disputes between judicial authorities is more diffi cult than in private law. With the transfer of criminal proceedings, it is tried to prevent disputes on judicial power between states, and it is aimed to conduct judicial proceedings more eff ectively, in accordance with the procedural economy and in a fair manner. The importance of this institution is that it enables the transfer of the entire criminal procedure process, from investigation to execution of the sentence. It is made possible to try criminals who would have gone unpunished if they were not transferred with the institution. The subject of the study is 1972 European Convention on Transfer of Proceedings in Criminal Ma ers to which Turkey is a party . Convention is a very important international legal instrument includes provisions on the means of transferring prosecutions in the criminal area, the multiplicity of criminal proceedings, and the protection of the persons concerned against the risk of multiple prosecution and convictions. In the study, it was tried to be examined the reasons for transfer of criminal proceedings fi rstly, and then the relevant provisions of the European Convention on Transfer of Proceedings in Criminal Ma ers were tried to be examined by taking into account the relevant provisions of the Law no. 6706 on International Judicial Cooperation in Criminal Ma ers.