Side constraints on the pursuit of truth in Turkish criminal procedure

What is it about?

What similarities and differences can be identified between the Turkish criminal procedure law and those of Germany and Italy? What is the rationale behind the inclusion of numerous procedural clauses pertaining to obtaining evidence in the Constitution of the Republic of Türkiye? To what extent can the legal theory of continental European criminal procedure be applied in this context? Is it an exaggeration to claim that the Republic of Türkiye has the least effective implementation of the most robust legal framework to protect the rights of defendants against the misuse of state power? The list of questions is extensive. However, the responses to them are clear, short and well-founded in this research. This critical and comparative research provides insight into the limits of state authority with regard to obtaining and submitting evidence before the criminal court in Türkiye.

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Photo by ev on Unsplash

Photo by ev on Unsplash

Why is it important?

Almost 100 years ago, the young Republic of Turkey received, i.e. adopted, the Italian Penal Code and also the German Code of Penal Procedure as part of the legal reception process of the Continental European/Western Legal System. The legal framework and its understanding of criminal justice are still reaching its own roots, but with its own peculiarities that occurred during its own historical enrichment. This research examines the distinctive position of the Turkish criminal justice system in relation to the inherent conflict of interests between the state and the citizen. It explores this through a comparative analysis of doctrinal principles and court decisions.