Prosecution Phase Under Turkish Criminal Procedure Law

Merhaba sevgili okuyucularımız.

Bu yazımızda Türk Ceza Muhakamesi Hukuku kapsamında “Kovuşturma Evresine” ilişkin kavram ve kelimelerin Hukuk İngilizcesi terminolojisindeki karşılıklarını içeren bir metin hazırladık. Yazının sonunda bu kavram ve kelimelere ilişkin Kelime Listesi ile 20 soruluk bir Mini Test de sizi bekliyor olacak.

Keyifli Çalışmalar Dileriz …

The Criminal Procedure Code No. 5271 comprises two distinct phases: investigation and prosecution. If it is determined that the evidence gathered during the investigation phase is sufficient to initiate legal proceedings, the trial phase commences once the court accepts the indictment prepared by the public prosecutor.

The trial phase is further subdivided into three stages: “preliminary proceedings,” “trial,” and “verdict.”

The primary objective of the prosecution is to investigate the material truth within the framework of the principles governing prosecution and to render a verdict regarding the alleged act and its perpetrator.

During the preliminary proceedings, various procedural actions, such as summoning the involved parties to trial, notifying them of the indictment, and collecting the requisite evidence, are carried out. In exceptional circumstances, substantive actions such as questioning the accused, witnesses, experts, and conducting discovery may also occur. These measures aim to facilitate the possibility of rendering a verdict in a single session, in line with the principle of expeditiousness in trials.

Throughout the trial phase, with rare exceptions, evidence is presented in open court. Following the principle of adversarial proceedings, both the claimant and the defense are granted the opportunity to orally examine the evidence. The evidence is evaluated without intermediaries, in accordance with the principle of directness.

During the verdict phase, judges engage in internal deliberations, assess the evidence presented in their presence, and cast their votes according to their individual consciences. If they determine that no further investigation is necessary, they conclude the trial phase by delivering a judgment that encompasses both formal and substantive elements. It’s worth noting that while the prosecution phase allows for legal remedies, our focus in this study is limited to the court of first instance.

Our study examines the facets of the prosecution phase, particularly emphasizing the contributions of the parties to the establishment of evidence and offering solutions to the practical and theoretical challenges identified.

The list of legal terms from the provided text along with their Turkish equivalents, ranging from B2 to C1 level of English proficiency:

B2 Level:

Criminal Procedure Code – Ceza Muhakemeleri Kanunu
Investigation phase – Soruşturma aşaması
Trial phase – Dava aşaması
Public prosecutor – Savcı
Indictment – İddianame
Preliminary proceedings – Ön inceleme
Verdict – Karar
Material truth – Maddi gerçek
Procedural procedures – İşlem süreçleri
Summoning – Davet etme
Notification – Tebliğ, Bildirim
Evidence – Kanıt
Hearing of the accused – Sanığın ifadesi
Witnesses – Tanıklar
Experts – Bilirkişiler, Uzmanlar
Discovery – Keşif
Public hearing – Kamuya açık duruşma
Principle of contradiction – Çelişki ilkesi
Directness – Dolaysızlık
Legal remedies – Hukuki çözümler
Court of first instance – İlk derece mahkemesi
Solutions – Çözümler
Contributions – Katkılar
Prosecution phase – Kovuşturma aşaması
Legal terminology – Hukuki terimler
Conscience – Vicdan
Adversarial proceedings – Müdafaalı yargılama
Expeditiousness – Hızlılık
Internal deliberations – İçsel müzakereler
Legal remedies – Hukuki çareler
Formal and substantive elements – Şekli ve esaslı unsurlar
Practical and theoretical challenges – Pratik ve teorik zorluklar
Facets of the prosecution phase – Kovuşturma aşamasının yönleri
Assessment of evidence – Kanıt değerlendirmesi
Rendition of a judgment – Karar verme
Contributions of the parties – Tarafların katkıları

Please note that this list provides Turkish equivalents for the legal terms used in the text and is organized by English proficiency levels.

The multiple-choice cloze test based on the vocabulary and phrases from the list and the text:

Choose the correct word or phrase to complete each sentence.

The __ phase in the Turkish Criminal Procedure Law aims to investigate the material truth.
a) prosecution
b) indictment
c) notification
d) summoning
If the evidence gathered during the investigation phase is deemed sufficient, the trial phase commences upon acceptance of the __.
a) verdict
b) summons
c) indictment
d) hearing
During the trial phase, evidence is presented in __ court hearings.
a) preliminary
b) private
c) public
d) expert
The principle of __ ensures that both the claimant and the defense can discuss the evidence orally.
a) contradiction
b) directness
c) expeditiousness
d) discovery
In the verdict phase, judges engage in __ and vote according to their consciences.
a) preliminary proceedings
b) summoning
c) internal deliberations
d) contributions
The primary objective of the __ is to investigate the material truth.
a) investigation
b) discovery
c) hearing
d) summons
The court of first instance handles cases during the __ phase.
a) verdict
b) prosecution
c) preliminary proceedings
d) indictment
To ensure a verdict can be passed in a single session, __ procedures are carried out during preliminary proceedings.
a) practical and theoretical
b) substantive
c) formal
d) procedural
The public prosecutor prepares the __ before the trial phase begins.
a) discovery
b) indictment
c) summons
d) contradiction
During the __, evidence is evaluated without any intermediaries.
a) prosecution
b) preliminary proceedings
c) public hearing
d) verdict
The parties’ __ to the proof is discussed in our study.
a) verdict
b) contributions
c) summons
d) contradiction
__ are individuals who provide testimony during the trial.
a) Investigations
b) Preliminary proceedings
c) Witnesses
d) Contradictions
The __ phase includes legal remedies.
a) discovery
b) preliminary proceedings
c) prosecution
d) verdict
The __ phase is divided into three stages.
a) indictment
b) investigation
c) trial
d) discovery
To ensure the principle of __ in trials, some procedural procedures are carried out.
a) directness
b) expeditiousness
c) contradiction
d) discovery
Judges evaluate and vote freely in their __ during the verdict phase.
a) public hearing
b) preliminary proceedings
c) consciences
d) contributions
The __ of the accused is conducted during the preliminary proceedings.
a) summoning
b) hearing
c) indictment
d) discovery
Solutions for practical and theoretical challenges are presented in the context of the parties’ __.
a) verdict
b) summons
c) contributions
d) contradiction
The __ includes both formal and substantive elements.
a) public hearing
b) verdict
c) investigation
d) summons
The aim of the __ is to investigate the material truth.
a) discovery
b) prosecution
c) summons
d) contradiction