The right not to be stained under the principle of confidentiality of the investigation

The presumption of innocence refers to the fact that the person is not guilty and stained until a final conviction is found. The right to not be stained is also to protect the honor and dignity of the people with their values due to the criminal proceedings they face. Although the right to not be stained is a valid right in every stage of criminal procedure, it has a special importance in the stage of investigation. Because, in the investigation phase where the doubt of crime has not reached a certain force, the perception that the suspect is guilty in the society may adversely affect the professional, social and private life of the suspect as well as cause uncompensable grievances. For this reason, in addition to the salvation of the investigation, the necessity of conducting the investigation phase secretly has emerged in order to ensure that the suspect is not smudged. Therefore, the right to not be stained has been handled by limiting its connection to the principle of confidentiality in the investigation phase. In the first part of the disquisition, general information about the investigation phase where the privacy principle is valid is given. In the second part, the confidentiality of the investigation phase has been examined in all aspects, also in the third and last part; the definition and scope of the right which is not defined and covered in the legal legislation and contracts, has been tried to be determined, its relationship with other rights and principles has been addressed, the balance of media freedom with which it is in conflict and the legal institutions that have emerged against the violation of this right have been included. As a result, It was concluded that, the right not to be stained is an part and a special reflection of the presumption of innocence, that it should not be violated by public institutions and officials, as well as third parties and media organizations, and that it is a right protected in the investigation phase, especially under the confidentiality principle of the investigation.