In Turkish Criminal procedure law the institution of prohobition, refusal and recusal of the judge

ABSTRACT In Turkish criminal procedure law, the institution of prohobition, refusal and recusal of the judge plays an important role in reaching the material truth by conducting a fair trial. As a matter of fact, the judge who has the obligation of fair trial must be impartial. Impartiality is the judge's ability to stand at an equal distance to the parties in the case before him or her and to display this publicly. The impartiality of the judge must be guaranteed, and to this end, Articles 22-31 of the Code of Criminal Procedure (CPC) regulate the prohibition, refusal and recusal of judges. Prohibition is the inability of the judge to hear the case or participate in the proceedings in any way in the presence of the circumstances listed in the Criminal Procedure Code. Refusal is the personal withdrawal of the judge from the case whwn there are prohibited circumstances or reasons that may cast doubt on impartiality. Article 32 of the Code of Criminal Procedure regulates the prohibition and refusal of the minutes clerk, who must be impartial due to his/her position. The institution of prohibition, refusal and recusal, which can be evaluated according to the outcome of whether the public prosecutor is impartial or not, is not included in the Criminal Procedure Code. Key Words: Impartiality of the Judge, Prohibition of the Judge, Refusal and Recusal of the Judge, Neutrality of the Public Prosecutor.