Abstract:

A criminal Procedure Law in contravention of The Suspect And The Accused?Sufferance Duty of The Suspect and The Accused of criminal Proceedings and The Thoughts on The Lımıtatıons of Thıs DutyA s the main purpose of criminal procedure law is to reveal the material reality, this specific purpose is mostly served by introducing some kind of intervention to the fundamental rights of the suspect and the accused. It is suggested that the suspect or the accused is under the sufferance duty against criminal proceedings. But, on the contrary, it is obvious that there is a limitation to that duty. According to the one of the most prominent universal prniciples of criminal law, that is maxim nemo tenetur no one is forced to accuse and give evidence against itself and its relatives, as it is regulated under the Turkish Constitution. Although it is connoted that the suspect or the accused is not forced to participate actively, but passively in criminal proceedings, both our laws, the doctrine and the practice have shown a priori tendecy that the suspect or the accused can be forced to give evidence against itself. Thus, it is required to define the terms such as enforcement, enforcement ban on active participation, passive sufferance duty and to delineate the limits of sufferance duty by using specific criterias in order to determine its context and limits

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