advertisement

Speech of Hulya CETIN Initiation to and training i

50 %
50 %
advertisement
Information about Speech of Hulya CETIN Initiation to and training i
Entertainment

Published on November 23, 2007

Author: Olivia

Source: authorstream.com

advertisement

INITIATION TO AND TRAINING IN COOPERATION AND INTERNATIONAL JUDICIAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS :  INITIATION TO AND TRAINING IN COOPERATION AND INTERNATIONAL JUDICIAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS Seminar 1: International Judicial Cooperation: nature and standards ruling of this cooperation Prepared by Hülya ÇETİN Judge Genaral Directorate for EU Affairs 10-13 May 2005 Lisbon CONTENTS:  CONTENTS HISTORICAL BACKGROUND OF TURKISH LEGAL SYSTEM SOURCES OF LAW ON THE INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS Constitution Code, Laws and Regulations International Agreements Circulars JUDICIAL COOPERATION IN CRIMINAL MATTERS WITHIN THE FRAMEWORK OF HARMONIZATION PROCESS TO THE EU Legislation Point of View Practice Point of View I. HISTORICAL BACKGROUND OF TURKISH LEGAL SYSTEM :  I. HISTORICAL BACKGROUND OF TURKISH LEGAL SYSTEM After the foundation of the Republic of Turkey on 29 October 1923: the Civil Code, modeled on the Swiss Civil Code of 1912 went into effect in 1926. the Penal Code, modeled on the Italian Penal Code of 1899 went into effect in 1926. The Civil Procedural Law of 1927 modeled of the Swiss Law of 1925. the Penal Procedural Law of 1929 modeled on the German Law of 1877. the Enforcement and Bankruptcy Law of 1932 modeled on the Swiss Law of 1889. II. SOURCES OF LAW ON THE INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS::  II. SOURCES OF LAW ON THE INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS: Turkey followed on the continental law system. The main source of law is the legislative statutes. Legislative statutes include; -the constitution, -codes and laws, -international agreements, -decree-laws, regulations, by-laws, circulars. Other sources of law; -precedents -doctrine -customs and -general principles of law. 1.Constitution::  1.Constitution: There is no specific rule on judicial cooperation in criminal matters in the Constitution. Article 90 of the Constitution provides that international agreements duly put into effect carry the force of law. No appeal to the Constitutional Court can be made with regard to these agreements, on the ground that they are unconstitutional. In the case of conflict between the laws and international agreements on fundamental rights and freedoms which were duly put into effect since they include different provisions on the same topic, the provisions of international agreement should be taken into account. According to this Article, when an international agreement has been ratified, it becomes internal part of the national legal system and it can be directly enforced. 2.Code, Laws and Regulations::  2.Code, Laws and Regulations: There is no specific law regulating judicial cooperation in criminal matters in Turkish legal system. The following laws include the provisions on judicial cooperation in criminal matters: a) Turkish Criminal Code numbered 5237, dated September 26, 2004: Article 18 governs extradition. b) The Law on Prevention of Money Laundering numbered: 4208 dated November 19, 1996:Article 10, 11, 12 and 13 are the provisions regulating the controlled delivery. ba) Regulation Regarding the Implementation of the Law No: 4208 on Prevention of Money Laundering (published in the Official Gazette on July 2, 1997, No:23037) bb) Regulation Regarding the Implementation Procedures and Methods of Controlled Delivery (published in the Official Gazette on September 15, 1997, No:23111) 3. International Agreements::  3. International Agreements: The main sources of international judicial cooperation in criminal matters in Turkey are the bilateral agreements agreements between Turkey and other countries. the multilateral agreements to which Turkey is party. BILATERAL AGREEMENTS ON JUDICIAL COOPERATION IN CRIMINAL MATTERS BETWEEN TURKEY AND MEDA COUNTRIES :  BILATERAL AGREEMENTS ON JUDICIAL COOPERATION IN CRIMINAL MATTERS BETWEEN TURKEY AND MEDA COUNTRIES BILATERAL AGREEMENTS ON JUDICIAL COOPERATION IN CRIMINAL MATTERS BETWEEN TURKEY AND MEDA COUNTRIES :  BILATERAL AGREEMENTS ON JUDICIAL COOPERATION IN CRIMINAL MATTERS BETWEEN TURKEY AND MEDA COUNTRIES COUNCIL OF EUROPE’S CONVENTIONS ON INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS TO WHICH TURKEY IS A PARTY:  COUNCIL OF EUROPE’S CONVENTIONS ON INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS TO WHICH TURKEY IS A PARTY UNITED NATIONS CONVENTIONS ON INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS TO WHICH TURKEY IS A PARTY:  UNITED NATIONS CONVENTIONS ON INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS TO WHICH TURKEY IS A PARTY Slide12:  If there is no bilateral and multilateral convention between Turkey and any other country, judicial cooperation in criminal matters is run by international customs and principle of reciprocity. 4.Circulars (I):  4.Circulars (I) The issues on the implementation of judicial cooperation in criminal matters are governed by the circulars issued by the General Directorate of the International Laws and Foreign Relations of the Ministry of Justice. 4.Circulars (II):  4.Circulars (II) The Circular numbered B.03.UİG.3.3.109.2000 dated 07.08.2000 is currently in force. A new Circular replacing the old one has been prepared by the General Directorate of the International Law and Foreign Relations. It is expected that this Circular is going to be entered into force in June 2005. 4.Circulars (III):  4.Circulars (III) it is laid down in detailed in the following issues: 1. The service and rogatory, 2. Extradition, 3. Transfer of sentenced persons, 4.Researches of foreign address and obtaining of registration on the birth and death of foreign nationals. III– JUDICIAL COOPERATION IN CRIMINAL MATTERS WITHIN THE FRAMEWORK OF HARMONIZATION PROCESS TO THE EU:  III– JUDICIAL COOPERATION IN CRIMINAL MATTERS WITHIN THE FRAMEWORK OF HARMONIZATION PROCESS TO THE EU The starting point of Turkey-EU relationship is Ankara Agreement Establishing an Association between Turkey and the European Economic Community which was signed on 12 September 1963. The aim of the Agreement establishment a customs union between Turkey and the European Economic Community in there stages : -preparatory stage, -transitional stage, -final stage. Slide17:  The Customs Union was established on 1 January 1996 Turkey was declared as a candidate country for accession to the EU at the European Council Summit held at Helsinki on 11-12 December 1999. Slide18:  The EU Commission a “Document for Accession Partnership” on 8 March 2001. Turkey a “National Programme for the Adoption of the EU Acquis Communautaire” on 24 March 2001. It was updated on July 2003. Slide19:  8 sub-committees were established for pre-screening of Turkish legislation by the Decision of the European Economic Community-Turkey Association Council on April 2000. sub-committee number 8 analytical examination of the level of harmonization of Turkish legislation with the acquis communautaire in the field of justice and home affairs including judicial cooperation in criminal matters. Slide20:  Article 13/A of “the Law numbered 2992 on the Organization and Functions of the Ministry of Justice” states that General Directorate of International Law and Foreign Relations is the central authority for execution of all kinds of mutual assistance requests in criminal matters. Slide21:  Upon receipt of such a request, a file is opened by the central authority. Receipt is recorded on computer and also in a manual log. General Directorate of International Law and Foreign Relations (central authority) examines whether that request meet the requirements of the relevant international conventions or treaties. The judges who are called reporter judges carry out this task. Administrative staff is also employed in the central authority besides the judges. Slide22:  all kind of tasks in regard to the EU and providing coordination among the various departments of the Ministry of Justice and other institutions are under the competence of the Directorate General for EU Affairs. The coordination and administration of the EU Projects concerning to the Ministry of Justice is one of the tasks of the DG for EU Affairs. Slide23:  DG for EU Affairs has been carrying out a lot of projects in cooperation with the EU Commission, various member states of the EU and the Council of Europe since 2001. One of these projects “PHARE Horizontal Project on Developing Judicial Coperation in Criminal Matters: “Training of Trainers Programme” organized in cooperation with the United Kingdom.” Within the Framework of this project, eleven judges who work in the DG of International Law and Foreign Relations were trained as a trainer” on June 2003 during 3 days. 35 judges and public prosecutors were also trained as “trainer” on 2-5 September 2003. Slide24:  At the and of these training seminars, a “National Action Plan 2003 of Turkey” was accepted and entered into force on 5 September 2003 The National Actions Plan actions to be taken by the Ministry of Justice were identified on mutual assistance in criminal matters. Slide25:  1- Reformulating and updating of the Circular on the mutual assistance in criminal matters. The circular has been updated. It is expected that new updated circular is going to enter into force in June 2005. 2- Ratification of the “Convention on simplified extradition procedure between the Member States of the EU” and “Convention relating to Extradition between the Member States of the EU”. And change of Constitution regarding the extradition of nationals. These actions will be taken upon accession to the EU. 3- Training of prosecutors, judges and officials at the Ministry of Justice in the field of extradition and especially instruments of the EU (on the basis of “Training of the trainers seminars”). Slide26:  One contract point from DG for International Law and Foreign Relations and one contract point from DG for EU Affairs were appointed for the European Judicial Network and EUROJUST in 2001. Necessary computer network has been created in accordance with the Ministry of Justice’s IT Project called UYAP financed by the Ministry’s own budget. Slide27:  THANK YOU VERY MUCH FOR YOUR KIND ATTENTION

Add a comment

Related presentations

Related pages

Articulate Speech and Language Therapy

Private speech and langauge assessment and ... Providing excellence and innovation in Speech and Language Therapy ... Hulya works with many ...
Read more

EuroMed Justice Programme TOPIC 1: INITIATION TO AND ...

euromed justice programme topic 1: initiation to and training in cooperation and international judicial mutual assistance in criminal matters
Read more

Best practice for audit management | SCN

Is there any best practice for audit management in SAP ? ... Training & Education; ... Hulya Cetin. Sep 21, 2010 1:17 PM ...
Read more

Apraxia of speech - Wikipedia, the free encyclopedia

Characteristics. Apraxia of speech (AOS) is a neurogenic communication disorder affecting the motor programming system for speech production. Individuals ...
Read more

Induction programme - Wikipedia, the free encyclopedia

An Induction Programme can also include the safety training delivered to contractors ... An induction programme is part of an organisations ...
Read more

SRI International - GALE

The goal of the DARPA GALE program is to produce a system ... O. Cetin, A . Kantor, S. King, C ... Transform, and Model Training for Large Vocabulary ...
Read more

Initiative | Define Initiative at Dictionary.com

Initiative definition, an introductory act or step; leading action: to take the initiative in making friends. See more. Dictionary.com; ... (see initiation).
Read more

Mari Ostendorf - The Department of Electrical Engineering ...

Mari Ostendorf Professor Signal and ... Mari Ostendorf joined the Speech Signal Processing Group at BBN ... "Topic Learning in Text and Conversational ...
Read more