What is Investigation in Criminal Law?
An investigation is the whole of the procedures carried out by the public prosecutor who learns about a situation that gives the impression that a crime has been committed. According to the law, the investigation also refers to the phase between the learning of the suspicion of crime by the competent authorities and the acceptance of the indictment.
The public prosecutor initiates an investigation to investigate the truth of the matter in order to decide whether there is room for filing a public lawsuit. As a rule, the investigation is done confidentially, in writing and quickly.
The public prosecutor is the main judicial authority that conducts the investigation phase. Although the public prosecutor is a party as a subject during the prosecution phase, he has to act impartially while taking procedural action during the investigation phase.
The Prosecutor’s Office ensures a fair trial by performing or supervising all the stages of obtaining, preserving and putting forward the evidence during the investigation phase.
Contact Antalya Lawyer Ceren Topcu İncetaban for full defense of your rights and legal support during an investigation initiated against you.
How Are Investigation Procedures Made in Criminal Law?
One of the most important principles of the investigation phase is the principle of “writing”. All investigation procedures are written and recorded in a report.
All procedural actions taken during the investigation phase are confidential as well.
The public prosecutor, directly or by the police, gendarmerie, etc. can do all kinds of research through law enforcement officers. It may request all kinds of information from all public officials in order to reveal the material truth through an investigation and to make a fair trial.
At the investigation stage, the Prosecutor’s Office may apply for all kinds of protection measures such as arrest, seizure, detention order, interception of communication or may request the judge to order these measures.
Law enforcement officers such as the police and gendarmerie, who are assigned to carry out investigations, are obliged to immediately notify the public prosecutor about the incidents they seized, the arrested persons and the measures implemented, and to fulfill all the investigation orders of this public prosecutor without delay.
Other public officials are also obliged to provide the information and documents needed within the scope of the ongoing investigation to the requesting Public Prosecutor without delay.
The role of the lawyer in the investigation phase in Criminal Law
At every stage of the investigation phase, the lawyer’s right to meet with the suspect, to take a statement or to be with him during the interrogation and to provide legal assistance cannot be prevented or restricted.
The lawyer can examine the contents of the file during the investigation phase and can get a copy of the documents he wants free of charge. The attorney’s authority to examine the contents of the file or to take samples from documents may be restricted by a judge’s decision upon the request of the Public Prosecutor, if it would work against the purpose of the investigation.
The authority to examine or take samples of the minutes containing the statement of the arrested person or the suspect, expert reports and other investigation proceedings in which the aforementioned persons are authorized to be present, cannot be restricted in any way.
Antalya Lawyer Ceren Topcu İncetaban provides legal support and advocacy services at every stage of the investigation phase.
What is the Difference Between Investigation and Prosecution in Criminal Law?
The investigation is the phase that starts with the simple suspicion that a crime has been committed in a confidential, written and fast manner by the Public Prosecutor, and ends with the filing of a lawsuit with the indictment.
In the investigation, the rights of the suspect and the complainant are more restricted, the public prosecutor plays a leading role in the execution of the process. However, the procedural actions of the prosecutor’s office also in the investigation must be carried out in order to investigate the material truth and to ensure a fair trial.
Prosecution is the trial process that starts with the filing of a criminal case by issuing an indictment against the suspect as a result of the investigation. The prosecution phase is carried out by the court.
Prosecution is the stage of the trial, in which the claim and the defense mutually discuss, and on the other hand, the evidence that was not collected during the investigation stage is collected. As a rule, the prosecution carried out by the court is open to everyone, verbally and with a hearing.
Contact Antalya Lawyer Ceren Topcu İncetaban to get legal support during the investigation and prosecution phase, to learn about your legal rights and to avoid loss of rights.
What is the Decision of No Investigation?
The decision not to initiate an investigation is a decision of the prosecutor’s office in which they decide to not take action due to the nature of the denunciation or complaint.
It can be decided that there is no need to carry out an investigation in the following cases ;
- If the denunciation reached the Prosecutor’s Office and it is clearly understood that the act that is the subject of the complaint does not constitute a crime, without requiring any investigation, a decision is made that there is no room for an investigation.
- If the denunciation and complaint received by the Prosecutor’s Office is abstract and general in nature, it is decided that there is no need for an investigation.
If it is decided that there is no place for an investigation, since no investigation has been initiated against the person complained of, he cannot be given the title of suspect.
Objection to the Decision Not to Investigate in Criminal Law
The decision not to carry out an investigation can be appealed. The decision shall be notified to the complainant, and the right to object can be exercised against this decision.
The complainant or the injured party may appeal within fifteen days from the date of notification of the decision stating that there is no place for an investigation, to the magistrate’s office in the place where the high criminal court is located in the jurisdiction of the Public Prosecutor who made this decision.
If the criminal judge of peace finds the objection justified, the decision not to carry out an investigation is lifted, the public prosecutor initiates an investigation and if there is sufficient doubt about the suspect, he/she issues an indictment and submits it to the court.
However, if there is not enough doubt about the suspect to require a lawsuit, it is decided not to prosecute. Thus, an investigation will be made about the suspect, but no public action will be initiated.
Get legal support from Antalya Lawyer Ceren Topcu İncetaban for your objections against the decision that there is no place for an investigation, and make your objection within time.
How Long Does the Investigation Take in Criminal Law?
The duration of the investigation varies according to the characteristics of each concrete case. The Criminal Procedure Code No. 5271 did not impose any restrictions on the investigation period of the public prosecutors. However, in accordance with the general principles of criminal procedure, investigations should be conducted confidentially, in writing and “expeditedly”.
Although no time is stipulated in the law for the completion of the investigation, the investigation must be completed within a reasonable time depending on the nature of the concrete case, The duration of the investigation must be proportional to the actions to be taken.
Decision Not to Prosecute As a Result of the Investigation
It means that as a result of the investigation carried out by the public prosecutor, it is not deemed necessary to open a public case in the criminal court due to the lack of the possibility of prosecution or the lack of evidence to raise sufficient suspicion.
A decision not to prosecute is a decision that ends the investigation. When the conditions for filing a criminal case are not met, the Prosecutor’s Office ends the investigation and decides not to prosecute.
It is possible to object to the decision of the Prosecutor’s Office as a result of the investigation that there is no ground for prosecution. The objection is made in writing to the criminal judge of peace. The criminal judgeship of peace examines whether the decision of the prosecutor’s office not to prosecute was appropriate. If the criminal judgeship of peace finds the decision of the prosecutor’s office not to prosecute, it rejects the appeal against the decision and the decision of the prosecutor’s office becomes final.
Against this decision of the criminal judge of peace, an action is taken for the benefit of the law. If the criminal judgeship of peace does not find the decision of the prosecutor’s office not to prosecute, it cancels the decision of non-prosecution on the objection and decides to conduct an investigation again.
After the decision not to prosecute and the objections against this decision are rejected, no public action can be brought for the same act, unless new evidence is obtained to create sufficient suspicion for the filing of a public action and a decision is made by the criminal judgeship of peace in this regard.
It is very important to get legal support for your objections to the decisions not to prosecute. Therefore, contact Antalya Lawyer Ceren Topcu İncetaban to prepare your objections and submit them to the relevant court.
Arranging an Indictment as a result of the Investigation in Criminal Law
If the public prosecutor’s office is satisfied that there are sufficient grounds for suspicion that a crime has been committed as a result of the investigation, it issues an indictment against the suspect and opens a criminal case.
It is crucial to get support from a lawyer during both the investigation and prosecution phase. Please contact Antalya Lawyer Ceren Topcu İncetaban and her Antalya Law Firm to follow these processes carefully, to get legal support to make the necessary defenses and objections, and to carry out these stages meticulously.