YÜKSEKÖĞRETİM PERSONELİ HAKKINDAKİ ŞİKAYETLER ÜZERİNE VERİLEN CEZA SORUŞTURMASI AÇILMAMASI KARARLARININ HUKUKİ NİTELİĞİ VE YARGISAL DENETİMİ

Abstract

İtiraz, İptal Davası Abstract Criminal investigation to be carried out on higher education personnel, on complaints containing the allegation that they have committed crimes in the course of their duties or while performing their duties; It is carried out not according to the Criminal Procedure Code, which includes general investigation and prosecution provisions, but according to the special provisions regulated in Article 53/c of Law. In accordance with the previous version of Article 53/c of the Higher Education Law, while a direct investigation is initiated by the competent authorities regarding the crimes alleged to have been committed by the higher education personnel, as a result of the amendment made in the aforementioned article with the Law No. discretion has been granted. In this study, the legal quality of the decisions made pursuant to Article 53/c of the Higher Education Law No. 2547, and how the judicial review of these decisions will be made, that there is no need to open an investigation against the higher education personnel on the allegations of committing crimes or denunciations are examined.