{"title":"作为公平审判权的一部分并在公平审判权框架内出席听证和视听信息系统的权利","authors":"Burak Ateş","doi":"10.54049/taad.1140201","DOIUrl":null,"url":null,"abstract":"One of the most important rights that take benefits of the accused under protection is the right to fair trial. Considering the national and international legislations, it will be revealed that the right to fair trial embodies many inherent rights and principles. Although it is not explicitly regulated in the European Convention on Human Rights and Turkish Criminal Procedure Law, one of those rights is accused’s right to be present at the hearing. Nonetheless, in consequence of developing technology and modernization, the Auditory and Visual Information System (AVIS) has been included in our legal practice. Use of AVIS, which is stated to have drawbacks as well as benefits, in judging activity has been criticized at times. In this study, the relationship between the right to be present at the hearing and AVIS has been examined as part of the right to fair trial and within the frame of both international and national legislations and case law; opinions in the doctrine, judicial decisions and reached results have been tried to be conveyed","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Right to be Present at the Hearing and Auditory and Visual Information System as Part of the Right to Fair Trial and within the Frame\",\"authors\":\"Burak Ateş\",\"doi\":\"10.54049/taad.1140201\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"One of the most important rights that take benefits of the accused under protection is the right to fair trial. Considering the national and international legislations, it will be revealed that the right to fair trial embodies many inherent rights and principles. Although it is not explicitly regulated in the European Convention on Human Rights and Turkish Criminal Procedure Law, one of those rights is accused’s right to be present at the hearing. Nonetheless, in consequence of developing technology and modernization, the Auditory and Visual Information System (AVIS) has been included in our legal practice. Use of AVIS, which is stated to have drawbacks as well as benefits, in judging activity has been criticized at times. In this study, the relationship between the right to be present at the hearing and AVIS has been examined as part of the right to fair trial and within the frame of both international and national legislations and case law; opinions in the doctrine, judicial decisions and reached results have been tried to be conveyed\",\"PeriodicalId\":106262,\"journal\":{\"name\":\"Türkiye Adalet Akademisi Dergisi\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-07-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Türkiye Adalet Akademisi Dergisi\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54049/taad.1140201\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Türkiye Adalet Akademisi Dergisi","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54049/taad.1140201","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Right to be Present at the Hearing and Auditory and Visual Information System as Part of the Right to Fair Trial and within the Frame
One of the most important rights that take benefits of the accused under protection is the right to fair trial. Considering the national and international legislations, it will be revealed that the right to fair trial embodies many inherent rights and principles. Although it is not explicitly regulated in the European Convention on Human Rights and Turkish Criminal Procedure Law, one of those rights is accused’s right to be present at the hearing. Nonetheless, in consequence of developing technology and modernization, the Auditory and Visual Information System (AVIS) has been included in our legal practice. Use of AVIS, which is stated to have drawbacks as well as benefits, in judging activity has been criticized at times. In this study, the relationship between the right to be present at the hearing and AVIS has been examined as part of the right to fair trial and within the frame of both international and national legislations and case law; opinions in the doctrine, judicial decisions and reached results have been tried to be conveyed