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Investigation and Prosecution Phases

• The criminal procedure consists of two main phases: the "investigation" phase, which begins with a criminal report or complaint, and the "prosecution" phase, which is the actual trial stage.

• The investigation phase is conducted under the orders and instructions of the Public Prosecutor, and this process is completely confidential.

• The prosecutor is obligated to collect all evidence, both in favor of and against the suspect, through law enforcement officers (police, gendarmerie).

• If the collected evidence establishes a "sufficient suspicion" that the crime was committed, the prosecutor drafts an indictment.

• Upon the acceptance of the indictment by the court, the status of the "suspect" changes to "defendant," and a public prosecution is officially initiated.

• The prosecution phase—namely, the court trial—is, as a rule, conducted through hearings and is open to the public.

Rights and Safeguards of Defense

• According to the law, no one shall be presumed guilty until their guilt is proven by a court decision (presumption of innocence).

• The suspect or defendant has the right to benefit from the legal assistance of a defense counsel (lawyer) at every stage of the investigation and prosecution.

• The individual has the right to remain silent regarding the crime alleged against them and cannot be forced to make self-incriminating statements.

• Individuals whose financial situation is not suitable to hire a lawyer will be assigned a free CMK (Criminal Procedure Code) lawyer by the bar association upon their request.

• The assignment of a lawyer is mandatory for children, individuals with disabilities to a degree that they cannot defend themselves, or those on trial for crimes carrying a minimum sentence of more than five years of imprisonment.

Protective Measures (Detention, Arrest, Search)

• The CMK has bound "protective measures" that restrict personal liberty to strict conditions and statutory time limits.

• Except in cases of in flagrante delicto (caught in the act), an apprehended person cannot be detained in custody exceeding legal limits without a judge's decision.

• For individual crimes, the detention period is a maximum of 24 hours from the moment of apprehension, and the time required to transfer the person to the nearest court is excluded from this period.

• Arrest (remand in custody) is the most severe protective measure in criminal proceedings and cannot be used as a means of punishment.

• For a defendant to be arrested, there must be a strong suspicion of guilt along with the risk of flight or tampering with evidence.

• Instead of arrest, provisions of "judicial control" (such as an international travel ban, reporting to the police station, etc.), which restrict liberty or property less, are evaluated first.

• A person's body, belongings, residence, or workplace cannot be searched without a judge's decision or, in situations where delay poses a risk, the written order of the authority authorized by law.

• Wiretapping (detection and recording of communication) and the assignment of an undercover investigator can only be carried out for catalog crimes and by a judge's decision.

Evidence and Illegality

• The principle of "freedom of evidence" applies in criminal procedure; meaning anything obtained lawfully can be accepted as evidence.

• Evidence obtained through unlawful means (e.g., statements made under torture or findings from an unauthorized search) cannot form the basis of a judgment in court.

• Statements obtained during interrogation or questioning through prohibited methods (torture, administration of drugs, deception, threats, etc.) do not qualify as evidence, even if the defendant consents.

Trial Principles and the Verdict

• The judge bases their decision only on lawful evidence brought to the trial and debated in their presence.

• In a criminal dispute, if the suspect's guilt cannot be proven with conclusive evidence, an acquittal is ruled in accordance with the principle "in dubio pro reo" (the defendant benefits from the doubt).

• The defendant has the right to the last word at the trial, and a judgment cannot be established by violating this right.

• At the end of the trial, the court renders one of the following decisions: acquittal, no grounds for punishment, conviction, judicial control, or dismissal of the case.

Legal Remedies (Avenues of Appeal)

• Decisions rendered by the court of first instance can be objected to within the statutory period starting from the notification or pronouncement of the decision.

• The request for an appeal (istinaf) allows the regional courts of justice to review the decisions of the court of first instance both in terms of factual facts and compliance with the law.

• Against the decisions of the court of appeal, a further appeal (temyiz) is available for crimes of the severity specified by law, and this review is conducted by the Court of Cassation (Yargıtay).

• If a clear unlawfulness or new evidence emerges regarding finalized court decisions, the path of renewal of proceedings (retrial) may be pursued.