Abstract:

Exceptional inquiry procedure prescribed for public servants and other public employees has long been discussed in our country. The Constitution of Turkey regulates that, prosecution of public servants and other public employees for alleged offences shall be subject, except in cases prescribed by law, to the permission of the administrative authority designated by law. According to “Law No. 4483 on the Trial of Civil Servants and Other Public Officers” the Office of Public Prosecutor shall not launch prosecution for duty crimes committed by civil servants and other public officers subject to this Law unless given permission following a pre-prosecution investigation conducted by certain administrative authorities. This study aims to discuss the applicability of the issue of applicability of permission and pre-prosecution investigation procedure of Law No. 4483, before higher education officials’ special criminal investigation. The answer to the question of whether the prosecution for a person will be conducted in accordance with Law No. 4483 or not before the special investigation procedure will change depends on the nature of relationship between crime and public duty and the type of crime.

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