Constitutional Court ass Supreme Court

The Supreme Court institutionalized as an exception of our general judicial system is authorized to judge the President of the Republic, Prime Minister and ministers, President and members of Constitutional Court, Court of Appeals, Court of Accounts, Military Court of Appeals, Military High Administrative Court according to the article 148 of the Constitutional Law because of crimes regarding their duty.The judgment of Supreme Court being performed by the Constitutional Court had always been a matter in question since the 1961 Constitutional Law initially anticipating this duty to be performed by the Constitutional Court. Especially by the result of cases heard after year 2004 it is clearly understood that when the matters such as assignment of the President and members of the court, their qualifications, occupational formations and as their decrees being accurate are considered the performance of this duty by the Constitutional Court is being inconvenient in respect of realization of fair trial and furthermore it is increasing the workload of the Court which is already busy.On our study in which the composition of the Supreme Court Committee and the problems met during the investigation and prosecution phases are defined in a wide spectrum also by concrete facts, we believe that the fulfillment of this duty by the Court of Appeals would be appropriate in respect of both realization of fair trial and for completely satisfying the sense of community.