Public Prosecutor's duty of 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 analysed in the first chapter. Along with the subjects such as "right to a fair trial", "right to legal remedies" and "judicial police", the judgements 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 analysing 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 relation between the protection measures and investigation procedures of the effective investigation is analysed 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 proof", "illegal evidence" and the relation between "effective investigation" and "statement taking" are emphasised; the general, specific and structural problems of effective investigation are analysed. Within this framework, some evaluations are provided on the consequences of the effective investigation.