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The legal status, the authority to evaluate the evidence and its limits of the public prosecutor

2020
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Advisor: Prof. Dr. Hamide Zafer

Abstract (EN)

In our study on "The Legal Status, The Authority to Evaluate The Evidence and Its Limits Of The Public Prosecutor", the legal status of the public prosecutor was determined and the authority to evaluate the evidence was examined in connection with all the other powers it had during the investigation. Criminal procedure begins with a suspicion of a crime. The investigation also refers to the stage from the discovery of the suspicion of crime by the competent authorities to the adoption of the indictment. In criminal procedure, which is the whole of the activities aimed at achieving material truth, undoubtedly the most important of these activities are carried out at the stage of investigation. The prosecutor assesses the incident along with the principles of freedom of evidence and free evaluation of evidence, and assesses whether a criminal incident took place, if it did, and whether the suspect carried it out. The scope of the prosecutor's authority to evaluate is all the evidence it collects in relation to the incident. However, evidence against the law draws the limit of this freedom. The intertwined powers of the prosecutor during the investigation phase, which began with the suspicion of a crime, were examined in our study by trying to parse as much as possible. However, it is not possible for the prosecutor's powers to be separated on precise lines. Because the prosecutor tries to determine whether the initial suspicion has been formed by starting to evaluate the evidence before the investigation phase has even begun. The investigation, which is the backbone of Criminal Procedure in terms of its execution and conclusion from the human rights standpoint, requires an accurate and complete collection of evidence, as well as an accurate assessment and conclusion. In this context, legislation and implementation changes in particular made a wide-ranging study necessary. The European Court of Human Rights, The Court of Cassation, The Constitutional Court and the local court of foreign countries have been widely cited in our study.

Author

Dr. Tuğçe Çitçi

How to Cite

Tuğçe Çitçi (Doctorate thesis). The legal status, the authority to evaluate the evidence and its limits of the public prosecutor, 2020, Marmara University.

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