Procedural framework for the investigation and prosecution of civil servants and other public officials under Law No. 4483

This study aims to examine the special procedures applied to the criminal investigation of public officials within the framework of Law No. 4483 on the Trial of Civil Servants and Other Public Officials. The fact that this Law stipulates that public officials can only be investigated for acts committed in the course of their duties after certain administrative procedures are followed rather than being directly subjected to judicial authorities raises various debates in terms of the principles of the rule of law, equality, and judicial independence. The research first evaluates the concepts of public official and civil servant, the legal nature of their status, and the responsibilities unique to public service. It then analyzes the historical development, normative structure, comparative legal context, practical examples, and the operation of the investigation permission mechanism in light of the jurisprudence of the Court of Cassation (Yargıtay) and the Council of State (Danıştay). Furthermore, the study critically assesses the problems caused by the implementation of this special procedure. The methodology of the thesis includes document analysis and comparative norm analysis, and it employs a qualitative approach to question the consistency between normative provisions and practical implementation. The study concludes that the special investigation permission system established by Law No. 4483 is incompatible with contemporary principles of criminal procedure law. It argues that the system should be completely abolished and that criminal investigations concerning public officials should be conducted directly by public prosecutors. By examining both the legal foundations and practical impacts of the special procedures applied to public officials, this research proposes a more suitable model for ensuring the impartiality and effectiveness of the justice system.