Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| EVIDENCE LAW | - | Spring Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Ayşe NUHOĞLU |
| Name of Lecturer(s) | Prof.Dr. Ayşe NUHOĞLU |
| Assistant(s) | |
| Aim | It is aimed that the students obtain information about the theory of unlawful evidence, its application, as well as Turkish, Continental Europe and Anglo-Saxon Law perspectives on it. |
| Course Content | This course contains; The Subject, Scope and Objectives of the Criminal Problem The Law of Evidence Relates to the Constitution,Basic Principles of Evidence Law Direct Evidence, Circumstantial Evidence, Ex Officio Evidence Investigation,Burden of Proof, Conventions That Don't Need Proof, Presumption of Innocence ,Types of Evidence, Properties of Evidence,Declaration of Evidence: Witness Declaration, Defendant's Declaration,İndication of Evidence: Photos, Tape Recordings, Video Recordings, Computer Data,Documentary Evidence: Special Documents, Official Documents, Forensic Documents,Acquisition and Collection of Evidences, Search - Seizure, Warrant, Detention, Arrest, A Ban On Leaving The Country, Observation, Statement Taking, Interrogation, Identification, Confrontation, Viewing, Examination of Deceased and Autopsy ,Observation, Statement Taking, Interrogation, Identification, Confrontation, ,Viewing, Examination of Deceased and Autopsy,Exceptio, Nemo Tenetur Se Ipsum Accusare, Physical Examination, ,Evaluation of Evidences, Illegal Evidences,Persecution,Ill Treatment, Medication, Attribution, Deception,Consent Problem of Sample From Body, Refusal to Testify . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Defines the concept of evidence and determines its nature. | 10, 13, 16, 4, 9 | E |
| 1.1. Explains the application of criminal procedure norms in terms of time and place. | 10, 13, 16, 4, 9 | E |
| 1.2. Identifies the duty and authorities of judgment. | 10, 13, 16, 4, 9 | E |
| 2. Defines the conditions of criminal procedure. | 10, 13, 16, 4, 9 | E |
| 2.1. Defines the concept of authority. | 10, 13, 16, 4, 9 | E |
| 2.2. Defines and explains the criminal procedure. | 10, 13, 16, 4, 9 | E |
| 2.3. Explains the evidence. | 10, 13, 16, 4, 9 | E |
| 3. Identifies the opinions on unlawful evidence. | 10, 13, 16, 4, 9 | E |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Subject, Scope and Objectives of the Criminal Problem The Law of Evidence Relates to the Constitution | reading related resources |
| 2 | Basic Principles of Evidence Law Direct Evidence, Circumstantial Evidence, Ex Officio Evidence Investigation | reading related resources |
| 3 | Burden of Proof, Conventions That Don't Need Proof, Presumption of Innocence | reading related resources |
| 4 | Types of Evidence, Properties of Evidence | reading related resources |
| 5 | Declaration of Evidence: Witness Declaration, Defendant's Declaration | reading related resources |
| 6 | İndication of Evidence: Photos, Tape Recordings, Video Recordings, Computer Data | reading related resources |
| 7 | Documentary Evidence: Special Documents, Official Documents, Forensic Documents | reading related resources |
| 8 | Acquisition and Collection of Evidences, Search - Seizure, Warrant, Detention, Arrest, A Ban On Leaving The Country, Observation, Statement Taking, Interrogation, Identification, Confrontation, Viewing, Examination of Deceased and Autopsy | reading related resources |
| 9 | Observation, Statement Taking, Interrogation, Identification, Confrontation, | reading related resources |
| 10 | Viewing, Examination of Deceased and Autopsy | reading related resources |
| 11 | Exceptio, Nemo Tenetur Se Ipsum Accusare, Physical Examination, | reading related resources |
| 12 | Evaluation of Evidences, Illegal Evidences | reading related resources |
| 13 | Persecution,Ill Treatment, Medication, Attribution, Deception | reading related resources |
| 14 | Consent Problem of Sample From Body, Refusal to Testify | reading related resources |
| Resources |
| None |
| YENİSEY/NUHOĞLU, Ceza Muhakemesi Hukuku, 11. bası Seçkin Yayınevi Ankara 2023. KUNTER/YENİSEY/NUHOĞLU; Muhakeme Hukuku dalı Olarak Ceza Muhakemesi Hukuku, 18. Bası, Beta Yayınevi, İstanbul 2010. KUNTER/YENİSEY/NUHOĞLU, Açıklamalı Ceza Muhakemesi Kanunu, C. 1, Beta yayınevi İstanbul 2013. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of public law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the public law. | ||||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of public law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the public law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about public law or research and implement an original subject. | ||||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | ||||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of public law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of public law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of public law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 4 | 56 | |||
| Guided Problem Solving | 5 | 5 | 25 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 45 | 45 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 196 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(196/30) | 7 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| EVIDENCE LAW | - | Spring Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Ayşe NUHOĞLU |
| Name of Lecturer(s) | Prof.Dr. Ayşe NUHOĞLU |
| Assistant(s) | |
| Aim | It is aimed that the students obtain information about the theory of unlawful evidence, its application, as well as Turkish, Continental Europe and Anglo-Saxon Law perspectives on it. |
| Course Content | This course contains; The Subject, Scope and Objectives of the Criminal Problem The Law of Evidence Relates to the Constitution,Basic Principles of Evidence Law Direct Evidence, Circumstantial Evidence, Ex Officio Evidence Investigation,Burden of Proof, Conventions That Don't Need Proof, Presumption of Innocence ,Types of Evidence, Properties of Evidence,Declaration of Evidence: Witness Declaration, Defendant's Declaration,İndication of Evidence: Photos, Tape Recordings, Video Recordings, Computer Data,Documentary Evidence: Special Documents, Official Documents, Forensic Documents,Acquisition and Collection of Evidences, Search - Seizure, Warrant, Detention, Arrest, A Ban On Leaving The Country, Observation, Statement Taking, Interrogation, Identification, Confrontation, Viewing, Examination of Deceased and Autopsy ,Observation, Statement Taking, Interrogation, Identification, Confrontation, ,Viewing, Examination of Deceased and Autopsy,Exceptio, Nemo Tenetur Se Ipsum Accusare, Physical Examination, ,Evaluation of Evidences, Illegal Evidences,Persecution,Ill Treatment, Medication, Attribution, Deception,Consent Problem of Sample From Body, Refusal to Testify . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Defines the concept of evidence and determines its nature. | 10, 13, 16, 4, 9 | E |
| 1.1. Explains the application of criminal procedure norms in terms of time and place. | 10, 13, 16, 4, 9 | E |
| 1.2. Identifies the duty and authorities of judgment. | 10, 13, 16, 4, 9 | E |
| 2. Defines the conditions of criminal procedure. | 10, 13, 16, 4, 9 | E |
| 2.1. Defines the concept of authority. | 10, 13, 16, 4, 9 | E |
| 2.2. Defines and explains the criminal procedure. | 10, 13, 16, 4, 9 | E |
| 2.3. Explains the evidence. | 10, 13, 16, 4, 9 | E |
| 3. Identifies the opinions on unlawful evidence. | 10, 13, 16, 4, 9 | E |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Subject, Scope and Objectives of the Criminal Problem The Law of Evidence Relates to the Constitution | reading related resources |
| 2 | Basic Principles of Evidence Law Direct Evidence, Circumstantial Evidence, Ex Officio Evidence Investigation | reading related resources |
| 3 | Burden of Proof, Conventions That Don't Need Proof, Presumption of Innocence | reading related resources |
| 4 | Types of Evidence, Properties of Evidence | reading related resources |
| 5 | Declaration of Evidence: Witness Declaration, Defendant's Declaration | reading related resources |
| 6 | İndication of Evidence: Photos, Tape Recordings, Video Recordings, Computer Data | reading related resources |
| 7 | Documentary Evidence: Special Documents, Official Documents, Forensic Documents | reading related resources |
| 8 | Acquisition and Collection of Evidences, Search - Seizure, Warrant, Detention, Arrest, A Ban On Leaving The Country, Observation, Statement Taking, Interrogation, Identification, Confrontation, Viewing, Examination of Deceased and Autopsy | reading related resources |
| 9 | Observation, Statement Taking, Interrogation, Identification, Confrontation, | reading related resources |
| 10 | Viewing, Examination of Deceased and Autopsy | reading related resources |
| 11 | Exceptio, Nemo Tenetur Se Ipsum Accusare, Physical Examination, | reading related resources |
| 12 | Evaluation of Evidences, Illegal Evidences | reading related resources |
| 13 | Persecution,Ill Treatment, Medication, Attribution, Deception | reading related resources |
| 14 | Consent Problem of Sample From Body, Refusal to Testify | reading related resources |
| Resources |
| None |
| YENİSEY/NUHOĞLU, Ceza Muhakemesi Hukuku, 11. bası Seçkin Yayınevi Ankara 2023. KUNTER/YENİSEY/NUHOĞLU; Muhakeme Hukuku dalı Olarak Ceza Muhakemesi Hukuku, 18. Bası, Beta Yayınevi, İstanbul 2010. KUNTER/YENİSEY/NUHOĞLU, Açıklamalı Ceza Muhakemesi Kanunu, C. 1, Beta yayınevi İstanbul 2013. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of public law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the public law. | ||||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of public law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the public law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about public law or research and implement an original subject. | ||||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | ||||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of public law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of public law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of public law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |