ADİL YARGILANMA HAKKINA CEZA YARGILAMASI BAĞLAMINDA BİR BAKIŞ
A PERSPECTIVE TO THE RIGHT TO A FAIR HEALTH IN THE CONTEXT OF CRIMINAL PROCEEDINGS

Summary/Abstract: The right to a fair trial means that individuals seek their rights before an impartial and independent judicial authority by making use of legitimate means, the procedures and principles of the proceedings are carried out in accordance with the principles and legislation, the proceedings are public, completed in a reasonable time, It is a universal right that includes principles such as the justification of decisions, the presumption of innocence, the principle that the accused benefits from doubt, the principle of directness, the principle of equality, and covers all stages of the trial. Everyone has the right to be tried in a public manner and within a reasonable time, with the exception of legal exceptions, by an impartial, independent tribunal established by law, which will decide on the charges against him or her in the field of criminal law or disputes relating to his private rights and obligations. For example, in Article 182 of the CMK numbered 5271 and the following articles, it is stated that the hearings must be held in public as a rule. In this study, which looks at the right to a fair trial in the context of criminal proceedings, the principle of fair trial, the presumption of innocence, the principle of equality of arms, equality, the principle of the accused benefits from suspicion, the principle of reasoned decision, a public trial within a reasonable time, the principle of directness, the right of defense, the impartiality and independence of the courts. It has been evaluated together with its sub-elements, the subject has been examined in the light of international and national judicial decisions in terms of universal conventions, the Constitution and Criminal Justice, the ECtHR's priority criterion in incoming applications is that this principle is applied sensitively in domestic law, and courts are protected from all kinds of external influences. The study was completed with the opinions that they should make their decisions remotely, impartially and independently

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