Abstract:

In the presence of increasingly complex and organized crimes today, it has been understood that the conventional measures both in collecting evidence and in fighting organized crime are not sufficient. Thus some secret measures have been needed. One of the such secret measures is confidential investigator appointment. The confidential investigator appointment was arranged in our law for the first time in Law No. 4422. The conditions for the implementation of this measure which is arranged in the Code of Criminal Procedure No. 5271 as a measure within the scope of judicial police activities have been discussed in doctrine and judicial decisions. Besides the provision of the confidential investigator appointment measure in the Code of Criminal Procedure No. 5271 is open the criticism in many aspects. In this study after the evaluation of the legal nature of the confidential investigator appointment, the difference between the concept of a confidential investigator and the similar concepts will be explained. Then the conditions for the implementation of the confidential investigator appointment will be handled within the scope of the different opinions in doctrine and problems that the measure creates with the theory and the practice will be tried to be revealed. In order to understand the problems created by the measure in practice judicial decisions regarding the issue will be given and suggestions for the solution to the problems will also be included

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