Browsing by Author "Canpolat, Can"

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    Ceza Muhakemesi Hukukunda Tanık Beyanının İtibari Değerine İlişkin Bazı Özel Durumlar
    (Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi, 2021-04) Canpolat, Can
    n criminal procedure law, anything that represents the crime can be evidence. In this respect, the rule of free evaluation of evidence applies in criminal procedure. In trial, the judge freely evaluates all the evidence which lawfully obtained and for which an evaluation prohobition is not foreseen (CMK Art.217/1). Similarly, during the investigation, the public prosecutor also has discretionary power in terms o f whether the evidence he/she obtained in accordance with inquisitorial principe constitutes a degree o f sufficient suspision to make a criminal charge against defendant. In criminalprocedure law, there is no legal rating ofthe credibility ofany type of evidence. However, depending on the evaluation oftheprosecutor orjudge, it differs for various reasons and whether the evidence has an evidentiary value in investigation and to what extent it will affect the proof in trial. In this study, the credibility of the witness statement as afrequently used evidence in criminalprocedure will be evaluated by taking into account whether the witness has directly observed the crime, his age, whether he has a criminal record based on theprevious criminal convictionfor any crime. In this context, the reasons affecting the credibility of the witness statement within the framework o f current practices in comparative law will be examined by including explanations regarding the Continental and Common Law legal systems.
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    Ekonomik Suçluluk Bağlamında Şirket veya Kooperatifler Hakkında Yanlış Bilgi Suçu
    (Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi, 2021-06) Canpolat, Can
    The crime of giving false information about company or cooperatives is regulated in Turkish Criminal Code (TCK), within the crimes against property (Art. 164). However, this crime, in terms of its nature, serves to ensure the safe operation of the economic order, which is a part of the public order, but not to protecting any property value of individuals. In fact, the perpetrator provides false information in his/ her statements to the public or in the reports or suggestions he/she submitts to the general assembly of the company or the cooperative, and this act is sanctioned without seeking any results. In this respect, this crime locates in the core area of economic criminality, and that makes the systematic position of the regulation needs to be discussed. In this work, this issue was evaluated within the framework of the explanations about economic criminality, and a solution is presented. Besides, the elements of this crime and its special appearance forms were examined in this work by taking into account general concept and characteristics ofthis crime. In this framework, the regulations in the Turkish Commercial Code, Capital Market Code and Tax Procedure Code are considered.