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By Sezer Gokhan

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Following these retouches if the matter in its present state does not render any justification for initiation of public prosecution, the Public Prosecutor will decide not to prosecute (nollo prosequi). 139 134 Art 174 TCCT 135 Art 174 (3) TCCT 136 Art 174 (1-a,b,c) TCCT 137 Art 174 (2) TCCT 138 Art 174 (4) TCCT 139 Art 174 (5) TCCT 55 Ankara Bar Publication B. 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.

5235 Arts 20, 21,22, Law No 5235 Art 36 Tr Const 41 Ankara Bar Publication receive assistance from one or several defense counsels at every phase of the Investigation and Criminal Prosecution (Trial). 84 By operation of law, the defense counsel has the right to have audience with the suspect or the accused, to be together with him/her during the time his/her testimony is taken and during the interrogation and to extend legal assistance to him/her at every phase of the Investigation and Criminal Prosecution.

95 The person brought in by force shall be promptly brought before the Judge or the Public 91 Art 154 TCCT 92 Art 2 (h) TCCT, & Art 192 (1) TCCT 93 FEYZİOGLU, Doç Dr Metin: Tanıklık ve Dürüst Muhakeme (Testimony and Fair Trial) Ankara 1998 p 31; TOROSLU-FEYZİOGLU, op cit pp 188-189 94 Art 2 (g) TCCT 95 Art 146 (1) TCCT 44 A Study on Turkish Criminal Trial System Prosecutor in accordance with the phase of the criminal proceeding being investigation or the prosecution. 96 1. Procedure concerning Testimony and Interrogation The Code enumerates as the imperative steps to be complied with as far as taking testimony and conducting interrogation is concerned.

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A Study on Turkish Criminal Trial System by Sezer Gokhan


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