Criminal Law

Criminal Law

Criminal proceedings start with the suspicion that a crime might have been committed, and they end when the said suspicion is resolved. Suspicion arises when there are concerete signs that an act that is deemed as a crime has been committed in any way. The purpose of criminal proceedings is to remove the suspicion which happens by either confirming or disproving the suspicion.

Criminal proceedings focus on substantial truth rather than procedural truth. In other words, while civil judges are bound by the parties’ claims and the evidence put forward, criminal judges are tasked with shedding light on the exact circumstances of the events and in this respect, they have the authority to procure evidence.

While the purpose of criminal proceedings is to discover the substantial truth, there are limits to the judge’s authority to research. The judge must search for the substantial truth based on the basic principles set out by the law and the constutition. For example; a suspect’s confession cannot be extracted by torture. While the body of a suspect was considered as merely a tool to discover the substantial truth prior to the French revolution, today suspects and defendants are subjects just like the prosecution, with legal and constitutional rights.

Elimination of the suspicion is possible by first investigation, then by concurrence. The junction ends with the provision. Judgement ends with the expiration of the period of judicial remedy or the final judgment of the remedy. Subsequent procedures concerns with the criminal law not criminal procedure.

The investigation process begins with the emergence of suspicion of crime and ends with the acceptance of the indictment and the execution law.

The main purpose of the investigation was to determine whether the suspicion of crime was sufficiently high to require a trial. In this sense, it is checked whether there is sufficient evidence and whether these acts are accepted as criminal by the criminal law, even if there is sufficient evidence.

The public prosecutor directs the investigation. At the end of the investigation, it is decided that there is no place for investigation (lack of sufficient evidence or lack of access, the death of the suspect, expiry of the case, the fact that the alleged act does not constitute a crime) or that there is sufficient suspicion to open the case and that the alleged act constitutes a crime and in this case the public prosecutor has to issue an indictment.  Otherwise, the public prosecutor decides that there is no room for prosecution. The process that begins with the adoption of the indictment until the finalization of the judgment by way of legal examination or not. The investigation process is written and the main competent public prosecutor as a rule. The prosecution procedure is oral as a rule and the main competent authority is the relevant court.

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