Abstract:

The plea bargaining procedure as regulated in the Code of Criminal Procedure No. 5271, has introduced notably different procedure in terms of terminating a criminal dispute. Perhaps the most important feature of this new procedure is that the Public Prosecutor has become a direct determinant on the dispute. As regulated in the Code of Criminal Procedure, although the opinion or evaluation of the Public Prosecutor regarding the resolution of the dispute has been important, it was not determinant on the final judgment. On the other hand, according to the provisions of the plea bargaining procedure, the Public Prosecutor determines directly the decision that constitutes the content of the conviction (the facts and the determination of the sentence), and the court fulfills only the formal inspection function. This regulation, especially regarding the use of the judicial power, the, it should be evaluated against the Constitutional provisions on judiciary.

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