A Study on Turkish Criminal Trial System by Sezer Gokhan

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By Sezer Gokhan

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There should be accusation. The Judge cannot handle the matter ex officio. The accusation is done by the Office of the Public Prosecutor as the representative of the State in the Judicial Branch on behalf of the Public. 2. There are two phases of the criminal proceedings. a) Investigation, and b) Criminal Prosecution (Trial). During the Investigation phase the proceedings are carried out in writing and in secrecy. The Criminal Prosecution (the Trial phase), on the other hand, however, is held in the presence of the interested parties orally and publicly.

85 2. 87 Under one of the following conditions the Court appoints defense counsel for the suspect or the accused without the requirement for the suspect or the accused to make request to that end: • The suspect or the accused is under 18 years old; or, • He/she is deaf and dumb; or, • He/she is so disabled, such as mentally deranged, that he is in no condition to defend himself; and, • He/she has no defense counsel; or 81 Legal Representative is the one, who by operation of law, stands in the place, and represents the interests of another person.

153 Art 6 “Right to a Fair Trial”: European Convention on Human Rights and the Protection of Fundamental Freedoms, Council of Europe, Registry of the European Court of Human Rights, September 2003, pp 5-6 154 Art 177 (1) TCCT 155 Art 177 (2), (3) TCCT 156 Art 178 TCCT 58 A Study on Turkish Criminal Trial System addresses of experts and witnesses who have been invited directly by the accused or will be brought to court by him. 157 6. Hearing of Witnesses and Experts through Delegated Judge or Letter Rogatory The rule is to hear the witnesses and experts during the hearing.

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