Özet:

Scottish criminal procedure represents a broad range of power of the prosecutor to conclude cases at the pre-trial stage. The Scottish prosecutors act literally as a judge of the pre-trial. This study displays the Scottish prosecutor's powers to conclude cases. As such the study, aims to contribute to Turkish law dealing with the extraordinary workload of the judiciary as a current issue. In Turkey, as in many countries, the first step whose powers are generally reviewed in finding a solution to the workload of the judiciary is the prosecutor. In the face of the increasing powers of prosecutors in Turkish law, it was deemed useful to show the Scottish criminal procedure, which represents a completely opposite approach to the Turkish criminal procedure in the adversarial-inquisitorial scale, as an example. In so doing, the study figures out the methodology that criminal procedure in Scotland, which is not seen as “a system” but as a field of activities carried out by “autonomous units” (I). Secondly it brings to the attention the differences of the Scottish prosecutor from England and Wales (II). Then it shows the history of the Scottish prosecutor and the prosecution service in Scotland (III). Afterwards, after discussing the prosecutor's broad powers through some famous examples (IV), the study discusses the first step which is taken by the prosecutor to decide for charge (V) and assessments criteria of the public interest by the prosecutor (VI). Finally, it briefly presents alternative disposal which is also known as direct measures applied as well as diversion programs such as restorative justice programs and medical measures.

Anahtar Kelimeler: