Özet:

The institution of the return of the indictment is one of the important innovations that entered our legislation with the Criminal Procedure Law (CMK) numbered 5271, which is not included in the Criminal Procedure Code (CMUK) numbered 1412. Thanks to this innovation, a third phase has entered between the investigation and prosecution phases in criminal procedure, and this phase is called the intermediate trial phase in the doctrine. The interim trial phase starts with the submission of the indictment issued by the public prosecutor to the competent court and ends with the acceptance of the indictment by the court. The purpose of the introduction of this regulation is to filter and filter the indictments that do not meet the legal requirements before the public trial, do not contain sufficient information and are prepared incorrectly. In this way, it is aimed to speed up the proceedings, to make the trial in a reasonable time, to prevent the cases that create unnecessary workload and to protect the "right to good reputation". At the same time, it is aimed to prevent the court's efforts to collect the evidence that was not collected during the investigation phase and to eliminate the deficiencies in the file, causing the prosecution and the investigation to be gathered in one hand (court), leading to a violation of the "fair trial principle". Considering the possibility of extradition of the indictment, the public prosecutor will act more carefully and collect all the evidence during the investigation phase. As a result of acting in this way, the indictments that will come before the criminal courts during the prosecution phase will consist of well-founded allegations and the principle of the rule of law will be served.

Anahtar Kelimeler: