New PDF release: A Study on Turkish Criminal Trial System

By Sezer Gokhan

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Extra info for A Study on Turkish Criminal Trial System

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94 In accordance with the provisions of Art 145 of the TCCT, the person whose testimony shall be taken or who is going to be interrogated is summoned before the competent judicial authority that is, the Judge or the Public Prosecutor. 95 The person brought in by force shall be promptly brought before the Judge or the Public 91 Art 154 TCCT 92 Art 2 (h) TCCT, & Art 192 (1) TCCT 93 FEYZİOGLU, Doç Dr Metin: Tanıklık ve Dürüst Muhakeme (Testimony and Fair Trial) Ankara 1998 p 31; TOROSLU-FEYZİOGLU, op cit pp 188-189 94 Art 2 (g) TCCT 95 Art 146 (1) TCCT 44 A Study on Turkish Criminal Trial System Prosecutor in accordance with the phase of the criminal proceeding being investigation or the prosecution.

The Judge pronounces his decision within forty-eight hours as of the confiscation. 30 (5)Inviolability of the Domicile The domicile of an individual shall not be violated. However, for reasons stated in the above cited constitutional provision a domicile may be entered or searched or the property therein seized only upon decision duly passed by Judge. Likewise, the decision of the competent authority in the event delay would be prejudicial has to be submitted within twenty-four hours for approval by Judge.

148 In instances where the hearing can be held without the presence of the accused, the summons contains the clarification that the hearing shall be conducted even if the accused is not present. 149 Summons to be served to the accused, under arrest is done through notification of the date of the hearing. The accused is asked as to whether he/she has any request towards asserting his/her defense during the hearing and if so, to state what constitutes the contents of his/her request. The defense counsel is also summoned together with the accused.

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A Study on Turkish Criminal Trial System by Sezer Gokhan


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