What is “Openness” and “Closeness (Secrecy)” in the trial?
Article 182
(1) The hearing is open to everyone.t is “Openness” and “Closeness (Secrecy)” in the trial?
Article 182
(1) The hearing is open to everyone.
(2) In cases where public morality or public security deems it absolutely necessary, a court may decide to hold part or all of the hearing closed.
(3) The reasoned decision to hold the hearing in a closed hearing and the judgment shall be announced in an open hearing.
The general characteristics of the trial stage in all comparative criminal procedure legislation are openness, verbality, dialogue and finishing the work at a hearing. Openness, verbality, the accusation of the sovereign in the dialogue procedure depends on the quality.he general characteristics of the trial stage in all comparative criminal procedure legislation are openness, verbality, dialogue and finishing the work at a hearing. Openness, verbality, the accusation of the sovereign in the dialogue procedure depends on the quality. The openness of the trial is both a guarantee of good justice and provides general prevention in terms of crime.
In cases where it is absolutely necessary for public morality and public security, the court may decide to hold the hearing closed by showing its justification. The discretion to do so will be in court and explain it in an open hearing. CMK 185 regarding the closed hearing. arrangements have also been made for the item.ases where it is absolutely necessary for public morality and public security, the court may decide to hold the hearing closed by showing its justification. The discretion to do so will be in court and explain it in an open hearing. CMK 185 regarding the closed hearing. arrangements have also been made for the item.
Hearings related to children are held in closed. The child, his/her guardian, guardian, court-appointed social worker, the family that takes care of the child and the institution’s representative may be present at the hearing if he/she is being cared for at the institution.
CMK has accepted the principle of openness in addition to the principles of face-to-face reciprocity and verbality, dialogue and finishing the work at a hearing. 141/1 of the Constitution, 10 of the Universal Declaration of Human Rights and 6/1 of the European Convention on Human Rights.MK has accepted the principle of openness in addition to the principles of face-to-face reciprocity and verbality, dialogue and finishing the work at a hearing. 141/1 of the Constitution, 10 of the Universal Declaration of Human Rights and 6/1 of the European Convention on Human Rights. the article also provides for the openness of the trial.
If there is an opportunity to enter the place where the hearing is held, it means that openness has been achieved. Restrictions made due to the narrowness of the hearing room or security measures taken do not disrupt the openness.
Openness lasts throughout the entire trial, negotiations between the judges and Decrees are conducted in secret. There are two forms of closure in CMK, it is the closure that depends on the value and the mandatory closure.Openness lasts throughout the entire trial, negotiations between the judges and Decrees are conducted in secret. There are two forms of closure in CMK, it is the closure that depends on the value and the mandatory closure.
a) Discretionary Confidentiality (Confidentiality)
The CMCpenness lasts throughout the entire trial, negotiations between the judges and Decrees are conducted in secret. There are two forms of closure in CMK, it is the closure that depends on the value and the mandatory closure.
a) Discretionary Confidentiality (Confidentiality)
The CMC is regulated in Article 182/2 and it is stated that part or all of the hearing may be held closed if deemed absolutely necessary by public morality or public security. The discretion belongs to the court and is not mandatory. Only my relationship to this is decided and the verdict will be given in an open hearing. The opposite of this is the reason for disruption.
For example, a case related to rape or state secrets can be considered confidential. It is also stipulated in the ECHR that if the protection of the private lives of persons or openness is harmful, the hearing should be held in secret.For example, a case related to rape or state secrets can be considered confidential. It is also stipulated in the ECHR that if the protection of the private lives of persons or openness is harmful, the hearing should be held in secret.
b) Mandatory Closure (Mandatory Closed Hearing)
CMK 185
(1) If the defendant has not reached the age of eighteen, the hearing is held in closed session; the verdict is also announced in closed session.
The article stipulates that the hearing and the verdict will be held in private in order to prevent the protection of children from being exposed through a public hearing. This privacy begins with the start of the hearing and also includes the verdict. In this sense, it is different from situations where the privacy of the hearing is left to the discretion of the courthe article stipulates that the hearing and the verdict will be held in private in order to prevent the protection of children from being exposed through a public hearing. This privacy begins with the start of the hearing and also includes the verdict. In this sense, it is different from situations where the privacy of the hearing is left to the discretion of the court. If the population records are based on the defendant’s age, but the court gets the impression that the defendant is older than eighteen, contrary to the population records, you may decide to get a report from the coroner in this regard. If it is understood that the accused has reached the age of eighteen, it is decided that the decision of closure will be lifted and the hearing will be held open and announced at the open hearing in the verdict.
Since there is no possibility to correct the procedural error regarding making the hearing open instead of closed, the reason for the disruption should not be made and it should be satisfied with criticism. From the word mentioned in the article (those who have not completed the age of eighteen), the purpose is the accused, not the one who has been harmed by the crime (the victim).ince there is no possibility to correct the procedural error regarding making the hearing open instead of closed, the reason for the disruption should not be made and it should be satisfied with criticism.Since there is no possibility to correct the procedural error regarding making the hearing open instead of closed, the reason for the disruption should not be made and it should be satisfied with criticism. From the word mentioned in the article (those who have not completed the age of eighteen), the purpose is the accused, not the one who has been harmed by the crime (the victim). Due to the age of the victim, it is impossible for the hearing to be held closed. When conducting proceedings against children, 4/1 and 22 of the Child Protection law. their substances need to be observed.
Making the hearing open instead of secret does not require disrupting it, as it is irreparable.
The 26.9.2006 session and the following sessions, in which substantive proceedings were held, were held in C..2006 session and the following sessions, in which substantive proceedings were held, were held in C. In the last session, where the prosecutor gave his opinion on the merits and the verdict was pronounced, defendants Yusuf Karedemir and Mehmet Özçelik were over he 26.9.2006 session and the following sessions, in which substantive proceedings were held, were held in C. In the last session, where the prosecutor gave his opinion on the merits and the verdict was pronounced, defendants Yusuf Karedemir and Mehmet Özçelik were over 18 years old, but they were not tried in accordance with Article 185 of the Criminal Procedure Code No. 5271. contrary to the article, it is unlawful to restrict the defendants’ right to defense by holding the session closed instead of open and interpreting it closed instead of open in the provision.
Article 185 of the Criminal Procedure Code No. 5271Article 185 of the Criminal Procedure Code No. 5271contrary to the article; The fact that the session dated 17.06.2005 was held openly about the defendant, who has not completed the age of 18, was not considered a reason for disruption, since no Article of the Criminal Procedure Code No. 5271contrary to the article; The fact that the session dated 17.06.2005 was held openly about the defendant, who has not completed thrticle 185 of the Criminal Procedure Code No. 5271contrary to the article; The fact that the session dated 17.06.2005 was held openly about the defendant, who has not completed the age of 18, was not considered a reason for disruption, since no acthe session dated 16.03.2006, held after the defendant was born on 05.02.1988, in which the evidence of the complaint was determined, and the session dated 30.05.2006, in which the interrogation of the defendant was conducted in secret instead of in public, was held under the 182nd CMUK.he session dated 16.03.2006, held after the defendant was born on 05.02.1988, in which the evidence of the complaint was determined, and the session dated 30.05.2006, in which the interrogation of the defendant was conducted in secret instead of in public, was held under the 182nd CMUK. it is unlawful to restrict the right of defense by acting in violation of the article.
182/1 of the CMUK in cases where the accused is over the age of 18 and required by general morality. with the decision of closure made in accordance with article 2 of the same article, only all or part of the hearing can be held closed.82/1 of the CMUK in cases where the accused is over the age of 18 and required by general morality. with the decision of closure made in accordance with article 2 of the same article, only all or part of the hearing can be held closed. according to the decision of t182/1 of the CMUK in cases where the accused is over the age of 18 and required by general morality. with the decision of closure made in accordance with article 2 of the same article, only all or part of the hearing can be held closed. according to the decision of the supervisor of the paragraph, without taking into account that the decision must necessarily be disclosed in a public hearing, the secret interpretation of the decision is contrary to the law.
Decision on the Removal of the Opening
CMK 184
(1) in the cases specified in Article 182, the hearing to be held regarding the request to remove the clearance shall be held closed upon request or if deemed appropriate by the court.
Although it is not specified in the article, the C. Prosecutor, upon the request of the defendant (and naturally his/her defender) and the plaintiff, the court may hold a hearing regarding this request. The holding of the hearing is left to the discretion of the court and the court may also decidelthough it is not specified in the article, the C. Prosecutor, upon the request of the defendant (and naturally his/her defender) and the plaintiff, the court may hold a hearing regarding this request. The holding of the hearing is left to the discretion of the court and the court may also decide on this hearing ex officio. If the decision of closure made for one part of the trial is requested to cover the other stages, a decision must be made again and clearly communicated. Again, the closure decision should also be clearly read and its justification stated at the hearing where the procedures related to the merits will be conducted.
Writing of the Closure (confidentiality) Decision And Its Reasons
CMK 186
(1) The decision to remove the clearance shall be recorded in the minutes together with the reasons.
In cases specified in Articles 182 and 185 of the CMK, the hearing may be decided to be held in closed session. Articles 184pecified in Articles 182 and 185 of the CMK, the hearing may be decided to be held in closed session. Articles 184 and 185 of the CMK If it is den cases specified in Articles 182 and 185 of the CMK, the hearing may be decided to be held in closed session. Articles 184 and 185 of the CMK If it is decided to remove the clearance according to the articles, the reason must be written. This article has been tried to prevent arbitrary practices. Since opennn Articles 182 and 185 of the CMK, the hearing may be decided to be held in closed session. Articles 184 and 185 of the CMK If it is decided to remove the clearance according to the articles, the reason must be written. This article has been tried to prevent arbitrary practices. Since openness constitutes the basic character of the trial in terms of a fair trial, and since the removal of openness can only be in question if it is mandatory and provided for by law, it has been agreed that the decision to remove openness, together with all its reasons, should be recorded in the minutes.
Ability to Attend a Closed Hearing
CMK 187
(1) The court may allow some persons to be present at the closed hearing. In this case, those mentioned are warned not to disclose the issues that require the hearing to be closed, and this issue is written in the minutes.
(1) The court may allow some persons to be present at the closed hearing. In this case, those mentioned are warned not to disclose the issues that require the hearing to be closed, and this issue is written in the minutes.
(2)The contents of the closed hearing may not be published by any means of communication.
(3)If the content of an open hearing is of a nature that will affect national security or general morality or the dignity, honor and rights of persons or provoke them to commit a crime, the court prohibits the partial or complete publication of the content of the hearing in order to prevent them and to the extent necessary, and announces its decision at an open hearing.
It regulates that they can be present in closed hearings (secret hearings) and the broadcasting bans related to this. The discretion of these cases belongs to the court. It announces its decision in an open hearing. Thus, the ban is ensured to cover all media outlets regulates that they can be present in closed hearings (secret hearings) and the broadcasting bans related to this. The discretion of these cases belongs to the court. It announces its decision in an open hearing. Thus, the ban is ensured to cover all media outlets. The publication ban covers all means of communication of a written, visual and auditory nature. The closure of the trial also brings with it a publication ban. There is also no need for the court to impose a publication ban in this regard.
A publication ban can also be imposed for open hearings. publication ban can also be imposed for open hearings. If the Court considers that what was said at the hearing will affect national security or general morality, or the honor, dignity and rights of persons, or provoke them to commit a crime, it should prohibit the publication of part or all of the hearing in order to prevent them and to the extent neces publication ban can also be imposed for open hearings. If the Court considers that what was said at the hearing will affect national security or general morality, or the honor, dignity and rights of persons, or provoke them to commit a crime, it should prohibit the publication of part or all of the hearing in order to prevent them and to the extent necessary for this purpose, and clearly inform this decision. The discretion of these cases is in the court. In fact, the cases in question are acts that constitute a crime. 285 of the TCK. a crime occurs in the substance.
The parties, their lawyers, witnesses and experts may be present at the closed hearing. However, the judge or the court may also allow other people to attend the closed hearing, for example, trainee judges and lawyers to watch the closed hearing.he parties, their lawyers, witnesses and experts may be present at the closed hearing. However, the judge or the court may also allow other people to attend the closed hearing, for example, trainee judges and lawyers to watch the closed hearing. This decision is made by the panel in the collective courts. In this case, thhe parties, their lawyers, witnesses and experts may be present at the closed hearing. However, the judge or the court may also allow other people to attend the closed hearing, for example, trainee judges and lawyers to watch the closed hearing. This decision is made by the panel in the collective courts. In this case, the president of the court should warn them not to leak what is being said inside to the outside. They are recorded in the minutes in which they are warned. If the mentioned ones leak the speeches to the outside, they are entitled to 285 of the TCK. the implementation of the article will be in question. It should be noted that this ban applies to everyone who attends the hearing. For example, this ban applies to the defendant, the defendant’s lawyer, the plaintiff, the plaintiff’s lawyer, and even the judge and prosecutort should be noted that this ban applies to everyone who attends the hearing. For example, this ban applies to the defendant, the defendant’s lawyer, the plaintiff, the plaintiff’s lawyer, and even the jIt should be noted that this ban applies to everyon
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