NCJ Number
130450
Editor(s)
G O W Mueller
Date Published
1962
Length
168 pages
Annotation
Following an introduction that reviews the history and contents of the 1929 Turkish Code of Criminal Procedure, this book presents an English translation of the code.
Abstract
The code is divided into nine "Books." They address general provisions, procedural requirements, appeals, new trial and written order, participation of persons who have been injured by the offense, administration of trial and procedure of deliberation, special procedures of trial, execution of punishment and court expenses, and the restitution of rights lost through conviction. The code adopts the so-called mixed system of criminal procedures. The preparation of public prosecution and preliminary investigation are conducted secretly, in the suspect's absence, and as a matter of record in accordance with the inquisitorial system. The remaining procedure is conducted publicly and orally in the accused's presence in accordance with the accusatorial system. The code contains many provisions designed to secure the independence and impartiality of the judges and the courts. Civil and criminal cases are tried by the same judges and courts; there are no intermediate courts of appeals or of second instance. Only the Court of Appeals reviews the appeals from all trial courts. All offenses are prosecuted in the name of the People by public prosecutors, who represent the executive branch of government within the judiciary. The defendant has the right to seek the advice and assistance of a defense counsel, and the defendant is considered innocent until guilt is established by final judgment.