The Powers of the Prosecutor in the Turkish Criminal Justice System from A Socio-Legal Approach

Sercan TOKDEMİR

TABLE OF CONTENTS

ABOUT THE BOOK  5

TABLE OF CONTENTS . 7

LIST OF ABBREVATIONS11

PREFACE .13

CHAPTER 1

INTRODUCTION15

Chapter 2

WHAT IS THE PROSECUTOR AND WHAT ARE THE

INTERNATIONAL PRINCIPLES OF HIS/HER ROLE? 19

The Position of the Prosecutor in the Criminal Justice

System 19

Criminal Legal System19

The Prosecutor 22

The International Standards for the Prosecutor.25

Independence and Accountability.27

Impartiality and objectivity27

Chapter 3

THE TURKISH CRIMINAL JUSTICE SYSTEM.29

The History of the Turkish Criminal Justice System .29

The Structure of the Turkish Criminal Justice System .30

The Hierarchy of the Courts in General.30

8 Table of Contents

Criminal Courts in Criminal Matters 30

Some Fundamental Characteristic Features of the

Turkish Criminal Justice System . 34

The Position of the Parties in the Turkish Criminal

Justice System . 37

Chapter 4

REFORMS IN 2005 .41

The Reasons for Reforms in 2005 41

Reforms in 2005 42

Main Provisions in 2005 Reforms. 42

The Abolished Institutions . 45

Reforms in Prosecutorial Efforts. 45

An Evaluation on the Reforms . 46

Chapter 5

THE RISE OF THE PROSECUTORIAL POWERS IN THE

TURKISH CRIMINAL JUSTICE SYSTEM49

The Role of the Public Prosecutor in the Turkish

Criminal Justice System  49

The Rise of the Prosecutor in the Turkish Criminal

Justice System . 50

The Public Prosecutor in the Investigatory Phase . 52

The Public Prosecutor in the Trial and Execution

Phases. 60

Table of Contents 9

Chapter 6

THE EFFECTS OF PROSECUTORIAL POWERS .63

Chapter 7

THE FUTURE OF THE PROSECUTION SERVICE: SOME

RECOMMENDATIONS75

Chapter 8

CONCLUSION81

APPENDICES 87

Endnotes87

Questions for Interviews 89

Research Methods .89

Research Perspective: Socio-legal Approach89

Methodology: Choice of Methods.91

Proposal for Dissertation Including the Structure and the

Plan of the Study 100

BIBLIOGRAPYH 119

INDEX  133