Seri Muhakeme, Aklanma Hakkı ve Etkin Soruşturma Gerekliliği

The accelerated (serial) procedure is a special judicial procedure that was incorporated into the Code of Criminal Procedure with the amendment to Law No. 7188 of October 17, 2019. This amendment with Law No. 7188 added some new institutions to our domestic criminal procedural law in order to remove the disadvantages caused by the general criminal procedure …

It is well known that most of the files under investigation in our country lead to an acquittal. While the rates that many countries conclude with acquittal from the open investigations are below 5%, this rate in our country is 45%, which illustrates the explosiveness of the incident. A properly initiated investigation alone will not eliminate the fact that these individuals are innocent. These individuals are found to be guilty, but in the presence of a final conviction as a result of a properly executed prosecution. Until a final judgment is reached, these people will continue to benefit from the presumption of innocence. However, it is not technically possible to talk about the existence of an indictment and a judgment, as this deviates from the general provisions of the serial procedure. Finally, a conviction will be issued to the person who will be tried in the accelerated trial. If an effective investigation were conducted, many files that would result in a decision not to be prosecuted, or many files that would lead to an acquittal if they were carried out according to the general classic law enforcement rules would in this case lead to a conviction. In this case, the possibility of acquitting of person or the possibility of being called innocent by a court decision is blocked. It does not seem easy to reconcile the situation in question with the rule of law and the presumption of innocence.…