Rights of lawyers to examine the investigation file in criminal procedure law

Within the scope of the right to a fair trial, the authority of the lawyer, whether acting as defense counsel or legal representative, to examine the investigation file is analyzed by addressing the boundaries and legal foundations of this right. This study aims to analyze the relevant legislation based on the The Constitution of Republic of Turkey, Turkish Criminal Procedure code, the Attorneyship act, regulations, and judicial decisions, while also providing solutions to ambiguities encountered in practice. Additionally, it examines legal remedies available in cases where this right is unlawfully restricted. Prepared as a master's thesis, this study aims to offer both theoretical and practical insights while contributing scientifically to the field of criminal procedure law. The thesis is structured into four chapters. The first chapter examines the nature of the investigation phase in Turkish Criminal Procedure code and the legal status of lawyers during this stage. The second chapter explores the principles governing the investigation phase in detail. The third chapter focuses on the rights of victims, parties harmed by crime, and complainants. The fourth chapter delves into the right to examine the investigation file, the conditions under which this right can be restricted, and examples from practice. The primary finding of this study is that Turkish Criminal Procedure code (Code No. 5271), which prioritizes the protection of human rights and the principles of a transparent rule of law, incorporates provisions aligned with contemporary criminal procedure standards and ensures that the right to a fair trial is upheld without leading to human rights violations.