Discovery in the criminal procedure of the Ottoman Empire and the Republic of Türkiye: A comparative review

In this thesis, the discovery practiced in the Ottoman Empire based on Islamic law and traditional norms and the institution of discovery applied with modern methods in the Republic of Turkey are discussed from a comparative perspective. In discovery applications, it is aimed to identify the differences and similarities between the legal systems of both states. In addition, it is aimed to reveal implementation methods with its contribution to criminal procedure. Explanations were made about the transformation of the discovery institution during the transition from the Ottoman Empire to the Republic of Turkey and how it was implemented in the modern criminal justice system. This study was prepared by reviewing the literature on the history of law and criminal procedure law, examining registry documents, including sample applications, and comparative analysis method. The study consists of three parts. In the first part, studies on discovery applied in the criminal procedure law of the Ottoman Empire were examined and these studies were benefited from. In order to better understand the subject and applications, sample applications from the registry are included. It has been determined from the records that discovery regarding criminal procedure was carried out in Istanbul, Konya, Harput, Amasya, Siirt, Trabzon, Urfa and Kayseri in the 16th, 17th, 18th and 19th centuries. Discovery examples regarding the criminal procedure applied in the Ottoman Empire are included without any time or place limitation. In the second part, the studies on the discovery institution regulated in the Criminal Procedure Law No. 5237, which came into force on 01/06/2005 and is still implemented in the Republic of Turkey, were examined and benefited from these studies. The place of discovery in the legislation was analyzed, and it was aimed to better understand the subject with the decisions of the Supreme Court. In the third chapter, the differences and similarities of the discovery institution applied in the criminal proceedings of both states were comparatively analyzed. Comparative analysis of the discovery institution applied in the criminal proceedings of the Ottoman Empire and the Republic of Turkey is of great importance in terms of understanding the similar and different aspects of criminal proceedings. The study found that some applications were similar, while some applications showed differences. This study will both contribute to the field of legal history and help to better understand discovery practices in today's criminal procedure law. It also has a special importance in terms of examining the legal continuity and change in the transition from the Ottoman Empire to the Republic of Turkey