Author
Kaya, Asim
Publication Date
2020-04
Subject
Public prosecutor's office, Effectiveness, Efficiency, Illegality, Unlawful, Prosecutors, Public prosecutors, Investigation, Investigation, Competency, Sufficiency, Statement, Statement
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
211a6d2c-7754-425e-801e-91a5b505f304
Library Location
Department of Public Law
Date
2020-04
Sample Text
The subject of our study is "Duty of the Public Prosecutor to Conduct Effective Investigation". In this context, in the first part; Basic concepts such as "effectiveness", "competence", "public prosecutor" were first examined. Among the relevant institutions, issues such as "right to a fair trial", "freedom of legal action" and "judicial police" were mentioned, as well as the decisions made by the public prosecutor. By examining the purpose and nature of the active investigation task through conceptual and institutional evaluations, it is aimed to contribute to the literature on the subject and develop new perspectives. In the second part, evaluations were made regarding the period of the Code of Criminal Procedure and the Code of Criminal Procedure. As a result of examining the issue on the basis of both legal periods, the phases of "effective investigation" from past to present and the stage it has reached have been determined. Identifying the common principles and rules and differences carried by both periods is important in terms of offering solutions to the problems. Discussions regarding the characteristics of effective investigation in terms of the Turkish Criminal Procedure Law system and the independence, impartiality and rejection of the public prosecutor have been put forward. Subsequently, the relationship between effective investigation, protective measures and investigation procedures is examined and in this context; The subject of crime scene investigation is examined in detail, along with protection measures such as search, seizure, control of communication, and monitoring of technical means. Because the relationship between "protective measures" and "investigation procedures" and effective investigation is important, an evaluation was made together with doctrine and judicial decisions. In the third chapter, after focusing on the "burden of proof", the concept of "unlawful evidence", the relationship between "taking statements" and "effective investigation", general, specific and structural problems related to effective investigation are examined. In this context, evaluations were made on the results of the effective investigation., "Public Prosecutor's Duty of Effective Investigation" is the subject of analysis of this study. Whithin this scope; the basic concepts such as "efficiency", "competency" and "Public Prosecutor" are analyzed in the first chapter. Along with the subjects such as "right to a fair trial", "right to legal remedies" and "judicial police", the judgments rendered by the Public Prosecutor are also addressed in this chapter. The aims are to contribute to the literature and to develop new perspectives by analyzing the purpose and characteristics of the effective investigation with the conceptual and institutional evaluations. The second chapter consists of evaluations related to the periods of the Code of Criminal Procedures and the Law on Criminal Procedure. As a result of the analysis carried out on the issue by considering both periods, the phases and the last stage of "effective investigation" so far is determined. Determination of the common principles, rules and differences of two periods is of importance in terms of the solutions offered. Discussions on the characteristics of effective investigation in terms of the Turkish Law on Criminal Procedure system; Independency, objectivity and right to disclaim of the Public Prosecutor are provided. Afterwards, the relationship between the protection measures and investigation procedures of the effective investigation is analyzed and the concepts such as searching, requisition, controlling communication, tracking technical devices and crime scene investigation along with its measures are studied in detail. Since the relation of effective investigation with "protection measures" and "investigation procedures" is essential, the evaluations are provided by considering the doctrines and adjudications. In the third chapter, after the concepts "burden of evidence", "illegal evidence" and the relation between "effective investigation" and "statement taking" are emphasized; The general, specific and structural problems of effective investigation are analysed. Within this framework, some evaluations are provided on the results of the effective investigation.
