By Sezer Gokhan
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Additional info for A Study on Turkish Criminal Trial System
1. Definition: The period which starts from the time the Court rules that the indictment is admissible until the time the judgment rendered by the Court becomes final and binding, constitutes the phase of criminal prosecution (criminal proceeding, trial)121. Following the completion of the Investigation, which is the first phase of procedure; the Criminal Prosecution constitutes the second part of the procedure. 2. Duty and Discretion of the Public Prosecutor to Prepare the Indictment to have Public Prosecution Initiated: In accordance with Art 170 of the TCCT the criminal prosecution is initiated based upon indictment prepared by the Public Prosecutor.
The names and titles of the persons present during the respective procedure; clear identity of the person who testified or who was interrogated. 3. Whether the above mentioned procedural requirements are met; if not, the statement of reasons for non compliance. 4. Comment to the effect that the contents of the records are read by the person who made the testimony or who was interrogated and by his/her defense counsel who attended the relevant procedure with the subject person and that their signatures are obtained thereby.
Main Steps of the Public Prosecution There are four main steps of the public prosecution and they are as follows140: 1. Preparation for Trial; 2. The Trial; 3. Judgment; 4. Legal Remedies. 1. Preparation for Trial When the court rules the indictment is admissible the public prosecution commences. 142 As a normal consequence of the principle of “speedy trial” all evidence must be gathered both against and in favor of the accused at the investigation phase and submitted to the Court in order to save the Court further effort and time to gather more evidence once the trial commences.