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Download A Study on Turkish Criminal Trial System by Sezer Gokhan PDF

By Sezer Gokhan

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The next of kin of the accused shall promptly be notified of his apprehension or arrest. Persons under detention shall have the right to request a trial within a reasonable time or be released during the investigation or prosecution. Release may be made conditional upon submittal of guarantee by the accused regarding his presence for trial proceedings and for the execution of the judgment. Person deprived of his/her liberty under any circumstances is entitled to apply to the appropriate judicial authority for a speedy conclusion of proceedings regarding his/her situation and for his/her release, where the restriction places upon them is not lawful.

High Courts • The High Court of Appeals also referred to as Court of Cassation is the last instance for review 52 and is located in Ankara, the capital city of the Republic of Turkey. • The Constitutional Court which has competence over the issues of constitutionality has further competence as the Supreme Court of the Republic of Turkey to try the president of the Republic, the Ministers and high level officials for impeachment. • A separate system exists for Administrative Jurisdiction as well as the Military Jurisdiction.

1. Definition: The period which starts from the time the Court rules that the indictment is admissible until the time the judgment rendered by the Court becomes final and binding, constitutes the phase of criminal prosecution (criminal proceeding, trial)121. Following the completion of the Investigation, which is the first phase of procedure; the Criminal Prosecution constitutes the second part of the procedure. 2. Duty and Discretion of the Public Prosecutor to Prepare the Indictment to have Public Prosecution Initiated: In accordance with Art 170 of the TCCT the criminal prosecution is initiated based upon indictment prepared by the Public Prosecutor.

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