SORUŞTURMANIN MAKUL ÖZEN ve SÜREDE YÜRÜTÜLMESİ
CONDUCTING AN INVESTIGATION IN DUE DILIGENCE AND TIME

Summary/Abstract: Pursuant to the Criminal Procedure Law No. 5271, investigation; which constitutes the initial phase of the criminal judicial procedure, which is an event-decision structure, refers to the period between being informed of the suspicion of commitment of a crime by a person or persons, to the acceptance of the indictment. The person the most in charge of the investigation phase is the public prosecutor. The public prosecutor, who is informed of the suspicion of a crime, ex officio or by means of denunciation or complaint, launches an investigation immediately about the allegation in order to reach the concrete fact, collects all kinds of evidence in favor or against the suspect. The prosecutor listens to the witnesses, especially the suspect, either draft an indictment or decides not to prosecute according to the conviction he/she reached as to whether a public case should be opened or not. As a requirement of the Human Rights, the investigation process should end in the healthiest and fastest way possible, either a public case should be filed against the suspect, and his/her trial should be initiated, or he/she should be freed from the burden of suspicion and criminal charges by means of a decision of non-prosecution.

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