Duties and powers of the public prosecutor in the i̇nvestigation phase

In this thesis study titled the Duties and Powers of the Public Prosecutor in the İnvestigation Phase the birth and development of the public prosecutor in the historical process, the legal qualification of the prosecutor, the characteristics, structure, and duties of the prosecutor's office, and all other powers of the prosecutor during the investigation phase are investigated. The criminal procedure begins with the suspicion that a crime has been committed. At this point, the investigation phase also refers to the stage from discovering the suspicion of crime by the authorities to the acceptance of the indictment. Undoubtedly, the most important activities carried out to serve this purpose are carried out during the investigation phase in the criminal procedure, where activities are carried out to reach the material truth. The Public Prosecutor evaluates the concrete incident at hand within the scope of the principles of freedom of evidence and free evaluation of evidence and evaluates whether a criminal event has taken place and, if any, whether the person who committed this incident is a suspect. This assessment is made through the evidence collected during the investigation phase. In other words, the scope of the prosecutor's authority to evaluate consists of all the evidence he has collected in the context of the concrete case. However, the evidence obtained by illegal methods draws the limit of this freedom. During the investigation phase, which started with the suspicion that a crime was committed, the prosecutor's mixed powers, duties, and responsibilities were tried to be explained in this study. However, it should be mentioned here that the prosecutor's powers cannot be separated from each other with certain lines because the prosecutor starts to evaluate the evidence without even an investigation yet and thus tries to determine whether the initial suspicion has arisen. Finally, the decisions of the Public Prosecutor, who is the public prosecutor and is referred to as the boss of the investigation phase that ended the investigation phase were examined. The European Court of Human Rights, constitutional court, the Court of Cassation, and the Council of State are also included in this study. Keywords: Public Prosecutor, Investigation Phase, Legal Status of the Prosecutor, Duties, Powers, and Responsibilities of the Prosecutor, Prosecutor's Decisions Terminating the Investigation.