LAW2991 Clinical Course IBahçeşehir UniversityDegree Programs LAWGeneral Information For StudentsDiploma SupplementErasmus Policy StatementNational QualificationsBologna Commission
LAW
Bachelor TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF-LLL: Level 6

Course Introduction and Application Information

Course Code Course Name Semester Theoretical Practical Credit ECTS
LAW2991 Clinical Course I Spring 0 2 1 4
This catalog is for information purposes. Course status is determined by the relevant department at the beginning of semester.

Basic information

Language of instruction: English
Type of course: Departmental Elective
Course Level: Bachelor’s Degree (First Cycle)
Mode of Delivery: Face to face
Course Coordinator : Dr. Öğr. Üyesi MEHMET SİNAN ALTUNÇ
Course Lecturer(s): Instructor NAİM KARAKAYA
Recommended Optional Program Components: None
Course Objectives: With a multidimensional study we made on a real file; to develop the skills of researching, questioning, analytical thinking, file reading, reading, understanding and using legal knowledge in written and oral form. Valuing people and human rights, carrying the law forward rather than backwards, valuing defense as much as the claim; Gaining the perspective of an original, free, investigative, responsible legal practitioner.

Learning Outcomes

The students who have succeeded in this course;
At the end of this course, students will:
1. Will learn the importance of the principles that dominate the investigation and prosecution phase in criminal procedure processes,
2. Will have information about attorney-client communication and interview methods,
3. Understand the conditions of protection measures, which are one of the most basic procedures of Criminal Procedure Law, and the problems in practice and learn the practical solution methods brought to these problems,
4. Will have information about the pre-trial preparation processes,
5. Learn the rights and authorities of the lawyer in criminal procedure processes,
6. They will practice in writing petitions for requests and objections regarding protection measures.

Course Content

The Constitution, the European Convention on Human Rights, the laws and regulations regarding the criminal justice system, the Supreme Court decisions, the ECHR decisions, the defense petition samples, the investigation-prosecution file to be studied.
Lectures, real investigation-prosecution files, examination-research, hearing monitoring, evaluation-discussion, written-oral presentation studies.

Weekly Detailed Course Contents

Week Subject Related Preparation
1) Criminal Judgment in General -Course Introduction -The aim of lesson -Topics to be Covered -Method -CMK System -Criminal Proceedings in General (Stages)
2) Subjects, Importance and Function in Criminal Proceedings - Subjects in Criminal Proceedings -Judge-President of the Court -C. Attorney General -Law enforcement -Suspect/Defendant - Victim/Crime Damaged/Malely Responsible Person/Participant -Advocate (Importance, Quality) -Prosecutor-law enforcement relationship
3) The Walk, Concluding and Concluding the Investigation Phase Principles Dominating the Investigation Phase - Investigation phase in general - Principles of the investigation phase (Publicity of Criminal Case, Principle of Written Form, Principle of Confidentiality) - Limitation Decision - Gathering evidence for and against - Degrees of suspicion - Arranging an indictment -Return of the indictment - KYOK - Objection
4) Generally, the Prosecution Phase, the Principle of No Trial Without a Case, the Distribution of Duties of the Courts and the Principles Dominating the Prosecution Phase - Commencement of the prosecution - Principles of the Prosecution Phase (Face to face, the principle of directness, the principle of shapelessness (ease), the principle of openness of the hearing -The nature of the principle of No Trial without a Case, -Change of Criminal Characteristics -Giving the Defendant the Right of Additional Defense -Deployment of Duty in Courts of First Instance/High Criminal Courts
5) Protection Measures - The nature of the Protection Measures - Purpose - What Happened - General introduction to all protection measures
6) Stop-Identification-Capture - In which legislations the Stop, Identification and Capture Protection Measures are regulated, - The difference between them
7) Involvement of the Advocate in the Criminal Investigation-1 Expression And Query Detention-Arrest-Forensic Control Arrest Procedure-Status in Practice
8) Midterm Exam
9) Psychology in Criminal Investigation Interview with Suspect/Defendant or Complainant in Detention/Arrest - Psychological interaction and its importance in criminal investigation -Principles regarding the general method of defense -Method of interviewing in custody -Method of interviewing in detention center - Office interview method (samples) -Legal information about possible possibilities -Pre-trial interview -Psychological interaction in the trial process - Interviewing people in special situations (victims of sexual crimes, etc.)
10) Involvement of the Advocate in the Criminal Investigation-2 Search-Seizure-Special Search Methods-Legal Procedure and Application -The nature of the search -Search, seizure method and related application -They will be present at the call -Making the call -Recording the call -The illegality of the search and its consequences -Advocate function in search -Special search methods (such as searching on computers) -Legal control of the search
11) Supervision of Communication -Communication and supervision concepts - Supervision of communication for forensic purposes -Conditions for making the decision -The content of the decision to audit the communication, the duration of the audit and the confidentiality - The nature of the evidence obtained from the audit of communication
12) Prosecution in Criminal Procedure Pre-trial -General pre-trial process -The process before the indictment is accepted and the return of the indictment - Evidence gathering - Expression preparation -Preparation for the trial -Other requests -Cross-query preparation - Probability of unlawful evidence (such as a request to attend, preparation) -Duty appeal - Authority objection - Judge refusal
13) In Criminal Trial Hearing Phase – (Overview) -The concept of trial in general -Principles that dominate the trial - Beginning of the trial Discussion of procedural issues before the interrogation -Query -Cross-query -Declaration after query or expression -Powers of the Judge or the President of the Court -General hearing procedure/special circumstances -Participation - Hearing of witnesses
14) Midterm Exam Solution – General Review

Sources

Course Notes / Textbooks: Ders takibi için herhangi bir kitap takibi gerekmemekle beraber her ders öncesinde ders hazırlığı ve ilgili materyaller Itslearning sistemi üzerinden paylaşılacaktır.

Although it is not necessary to follow any book for course follow-up, course preparation and related materials will be shared over itslearning system before each lecture.
References: Bu dersin en önemli kaynakları CMK ve PVSK olup dersin interaktif bir şekilde işlenebilmesi için ders esnasında bu kanunlara erişebilir olmanız beklenmektedir.

The most important resources of this course are CMK and PVSK, and you are expected to have access to these laws during the course so that the course can be taught in an interactive way.

Evaluation System

Semester Requirements Number of Activities Level of Contribution
Attendance 14 % 10
Homework Assignments 1 % 30
Presentation 1 % 10
Final 1 % 50
Total % 100
PERCENTAGE OF SEMESTER WORK % 50
PERCENTAGE OF FINAL WORK % 50
Total % 100

ECTS / Workload Table

Activities Number of Activities Duration (Hours) Workload
Course Hours 14 2 28
Application 2 5 10
Homework Assignments 4 8 32
Midterms 1 15 15
Final 1 15 15
Total Workload 100

Contribution of Learning Outcomes to Programme Outcomes

No Effect 1 Lowest 2 Low 3 Average 4 High 5 Highest
           
Program Outcomes Level of Contribution
1) List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions.
2) Have the knowledge of legal methodology and methods of comment.
3) Comment the modern legal gains with the historical knowledge.
4) Have the knowledge of philosophical currents of thought which are the bases of legal rules.
5) Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them.
6) Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine.
7) Use at least one foreign language as scientific language.
8) Have the knowledge of the political and juridical foundation of the state.
9) Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development.
10) Have the ability to resolve the disagreements which can violate the social order in national or international level.
11) Have the ability to prevent the juridical disagreements between individuals.
12) Have the knowledge of international and comparative law systems.
13) Have the knowledge of the construction and the conduct of the national and international commercial relations.
14) Use Turkish in an efficient way both verbal and written.
15) Have the professional and ethical responsibility.
16) Have the knowledge on the European Union’s legislation and institutions.
17) Have the knowledge on juridical regulations and applications related to economical and financial mechanisms.
18) Have the knowledge of the operation of the national and the international judicial bodies.