Özet:

During the investigation phase, a number of measures which interferes with the freedom and fundamental rights of a human, are decided by the judge / court as stated in our Constitution and Criminal Procedure Code .However, under some exceptional conditions, authority of limiting the rights and freedom of a human is given to Public Prosecutor or police –who is not a legal expert –by giving up legal judicial process.Indeed, the transfer of decision making authority is considered as exclusive under non-delayable cases. But in practice of law, this defined state to ensure exclusive transfer of decision making authority became a general rule. During the investigation phase, some human rights and freedom limitations are decided by Public Prosecutor or police not by competent judge on the account of non delayable case fact. In other words, a non delayable case concept became gray area between the judicial police under his command and public prosecutors with criminal judge in terms of limiting the freedom and fundamental rights during investigation.A non-delayable case, which causes delegation of authority, is legally ambigious situation for investigation authorities. Due to this reason, it must be applicable under exclusive conditions

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