Abstract:

The transfer of criminal proceedings, the return of criminals, the recognition of foreign decisions and the transfer of prisoners is one of the judicial assistance institutions that provides international cooperation with the transfer of criminals. In the world, the increasing traffic of people and goods has increased the committing of crimes that cross the borders, and the fact that a criminal committing a crime has often been found to flee to another country. If the criminal law has the jurisdiction of more than one state, the resolution of jurisdiction disputes between the judicial authorities is more difficult than the private law. The transfer of criminal proceedings and the attempt to prevent disputes of judicial authority between the states is aimed at making the judicial proceedings more efficient, suitable for the economic process and fair. The importance of this institution is that it is possible to transfer the entire criminal trial process from the investigation to the execution of the punishment. If not, the criminal will be sentenced without punishment. The European Convention on the Transfer of Criminal Procedures of 1972, which constitutes the subject of the study, is a very important international text containing provisions on the transfer of criminal proceedings to the means, the number of criminal proceedings, the protection of the relevant persons against the risk of being prosecuted and imprisoned many times. In the study, first and foremost the reasons for the transfer of prosecution, the provisions of the European Convention on the Transfer of Criminal Prosecution No. 6706 were tried to be examined taking into account the relevant provisions of the International Judicial Cooperation Act in Criminal Affairs.

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