By Sezer Gokhan
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Extra resources for A Study on Turkish Criminal Trial System
Main Steps of the Public Prosecution There are four main steps of the public prosecution and they are as follows140: 1. Preparation for Trial; 2. The Trial; 3. Judgment; 4. Legal Remedies. 1. Preparation for Trial When the court rules the indictment is admissible the public prosecution commences. 142 As a normal consequence of the principle of “speedy trial” all evidence must be gathered both against and in favor of the accused at the investigation phase and submitted to the Court in order to save the Court further effort and time to gather more evidence once the trial commences.
The counsel shall not be required to promptly submit the power of attorney but on the other had he/she is obliged to submit it in due time, without delay. • The apprehended person is informed that he/she is entitled to inform any of his/her relatives about his/her apprehension. If the apprehended person is a foreign national, provided that he/she does not protest in writing, the consular 96 97 98 99 Art 146 (4) TCCT Art 36 Tr Const; this Study: section on the Constitutional Safeguards regarding the Accused FEZİOGLU, Doç Dr Metin op cit pp 9-13 Art 147 TCCT 45 Ankara Bar Publication officer of the State he/she is a national of, shall be informed of his/her status.
153 The subject provision of the Convention reads in part: “Everyone charged with a criminal offense has the following minimum rights: … ‘b’ to have adequate time and facilities for the preparation of his defense”. It can be seen that both the internal law of Turkey in this regard and the respective rule of the European Convention on Human Rights are in harmony. 3. 154 The Court’s decision rendered either to accept or to refuse the request shall promptly be informed to the accused. 155 4. Direct Invitation of Witnesses by the Accused In the event that the Court denies an application for invitation of a witness or an expert, the accused may himself/herself bring the person to the Court without submitting any further application.