Abstract:

Special authority and duty regulations, regarding the investigation and prosecution of personal crimes and crimes committed by judges and prosecutors about their duties or during their duties, are determined in the Constitution and the Code of Judges and Prosecutors, These regulations are the requirements of the principles of "independence of courts" and "guarantee of judgeship and prosecution". Three different investigation procedures regarding the crimes committed by the judges and public prosecutors have been stipulated in the Code of Judges and Prosecutors; “the crimes arising from duty or committed on duty” in the articles from 82 to 92 of the Code “the personal crimes” in the article 93, and “the flagrante delicto cases that fall under the jurisdiction of the high criminal court” in the article 94. It is clearly stated in the Law which authority will carry out the investigation and which authority will conduct the prosecution in the criminal proceedings against judges and prosecutors. These principles, which have been determined regarding authority and duty, are special regulations of precise nature. It is not possible to conduct an investigation against the mandatory provisions or by making a "mixed practice", regarding these different investigation procedures determined by the Law No. 2802 for the investigation and prosecution of judges and prosecutors. In order to have appropriate investigation against judges and prosecutors, all actions and decisions must be taken according to the investigation procedure determined by the nature of the crime. If these procedures, which are determined according to the type of crime, are violated or mixed practice is made, the proceedings and decisions made will become invalid. 

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