Masumiyet Karinesinden Yararlanma ve Aklanma Hakkı Açısından Ceza Muhakemesinde Düşme Kararına İlişkin Bazı Meseleler

Abstract

It is an indispensable condition for a fair trial that the accused benefits from the presumption of innocence during the trial process and that she is not treated as a guilty unless there is a competent court ruling. At this point, the presumption of innocence is connected with both the verdict given at the end of this process and the trial process. Especially the decision of dismissal as a possible outcome of a trial contains very important issues with regards to the presumption of innocence. For example, even if a court renders dismissal of a case, it is possible to violate the presumption of innocence through the statements used in the decision. On the other hand, in this possibility, it is open to discussion whether the presumption of innocence of a criminal defendant will be violated if the trial costs are imposed on the accused. In addition, the concept of the right to demand an acquittal decision, which is not considered within the scope of the presumption of innocence or the right to a fair trial in general, especially in terms of the ECtHR and Constitutional Court of Turkey, brings along important discussions about the decision of dismissal of case where a decision of acquittal is required. On the other hand, the issue of how the last two issues are resolved in domestic law causes debates in terms of judicial practices and doctrine. In this study, these three problematic issues regarding the decision to fall are examined from the perspective of the presumption of innocence and the right to demand an acquittal decision.…