Hearing in the absence of the defendant in Turkish criminal procedure law

The hearing is the fundamental element of the trial stage in criminal procedure law and constitutes the principal matter that requires particular consideration. The hearing is the judicial process in which the aim of reaching the material truth is concretized, evidence is examined and debated, and the prosecution and defence are brought face to face. The most important subject of this process is, undoubtedly, the accused. Indeed, both the hearing conducted during the proceedings and the judgment rendered as a result of the trial concern the accused. The presence of the accused at the hearing is of great importance both for the effective exercise of the right of defence and for the implementation of the principle of a fair trial. Therefore, as a general rule, a hearing cannot be held in the absence of the accused. However, under Turkish criminal procedure law, there are certain exceptional circumstances in which a hearing may be held in the absence of the accused and, even, a judgment may be rendered under certain conditions.This study examines in detail the rule requiring the accused to be present at the hearing and the institution of holding a hearing in the absence of the accused, which constitutes an exception to this rule. The study seeks to explain in detail the circumstances in which a hearing cannot be held in the absence of the accused and the circumstances in which exceptional provisions may be applied. In this context, concepts such as the accused’s absence, which resemble or are closely related to the institution examined, namely gaiplik and kaçaklık, are explained, and an attempt is made to identify the distinctions between these concepts. Furthermore, the matters that must be taken into consideration in order to prevent any violation of the right of defence during hearings conducted in the absence of the accused are evaluated.