Under observation

Suspect: The person under suspicion of a crime during the investigation phase.

Defendant: The person under suspicion of a crime from the commencement of the prosecution until the judgment becomes final.

Defense Counsel: The lawyer who defends the suspect or defendant in criminal proceedings.

Representative: The lawyer representing the intervening party, the victim of the crime, or the person civilly liable in criminal proceedings.

Investigation: The phase spanning from the moment the crime suspicion is learned by the competent authorities according to law until the acceptance of the indictment.

Prosecution: The phase beginning with the acceptance of the indictment and continuing until the judgment becomes final.

Taking a Statement: The questioning of the suspect by law enforcement officers or the Public Prosecutor regarding the crime under investigation.

Interrogation: The questioning of the suspect or defendant by a judge or court regarding the crime subject to investigation or prosecution.

Person Civilly Liable: A person who will be affected by or bear the consequences of the judgment by bearing material and financial responsibility after the matter subject to trial is adjudicated and the judgment becomes final.

Observation

If there are strong suspicions that the suspect or defendant has committed the act, in order to determine whether they are mentally ill, and if so, since when, and the effects of this condition on the person's behavior, it may be decided to place them under observation in an official health institution upon the recommendation of an expert physician and after hearing the Public Prosecutor and the defense counsel; this decision may be made by the peace criminal judge during the investigation phase and by the court during the prosecution phase.

If the suspect or defendant does not have a defense counsel, one shall be appointed by the bar association upon the request of the judge or court.

The observation period shall not exceed three weeks. If it is understood that this period will be insufficient, additional periods, not exceeding three weeks each, may be granted upon the request of the official health institution; however, the total duration of these periods shall not exceed three months.

An objection may be filed against the decision for observation; the objection stays the execution of the decision.

Body examination and collection of samples from the suspect or defendant

In order to obtain evidence related to a crime, an internal body examination may be performed on the suspect or defendant, or samples such as blood or similar biological samples, hair, saliva, and nails may be taken; this may be decided by the judge or court upon the request of the Public Prosecutor or the victim, or ex officio, and by the Public Prosecutor in cases where delay is prejudicial. The decision of the Public Prosecutor shall be submitted for the approval of the judge or court within twenty-four hours. The judge or court shall render its decision within twenty-four hours. Decisions not approved shall become void and the obtained evidence cannot be used.

For an internal body examination to be performed or for blood or similar biological samples to be taken from the body, the intervention must not pose a danger to the person's health.

Internal body examination or the taking of blood or similar biological samples from the body may only be performed by a physician or another health professional.

Examination of the genital organs or the anal region is also considered an internal body examination.

In crimes requiring a maximum prison sentence of less than two years, internal body examination cannot be performed on the person; samples such as blood or similar biological samples, hair, saliva, and nails cannot be taken from the person.

The decisions of the judge or court taken pursuant to this article may be appealed.

The provisions in special laws regarding alcohol testing and the taking of blood samples are reserved.

Body examination of other persons and collection of samples from the body

In order to obtain evidence related to a crime, an external or internal body examination may be performed on the victim's body, or samples such as blood or similar biological samples, hair, saliva, and nails may be taken; provided that it does not endanger their health and does not constitute a surgical intervention, this may be decided by the judge or court upon the request of the Public Prosecutor or ex officio, and by the Public Prosecutor in cases where delay is prejudicial. The decision of the Public Prosecutor shall be submitted for the approval of the judge or court within twenty-four hours. The judge or court shall render its decision within twenty-four hours. Decisions not approved shall become void and the obtained evidence cannot be used.

In the presence of the victim's consent, it is not necessary to obtain a decision according to the provision of the first paragraph to perform these procedures.

If it is deemed necessary to investigate a child's parentage, a decision must be obtained according to the provision of the first paragraph to perform this investigation.

One may refrain from examination or the taking of samples based on reasons for refusal to testify. The legal representative decides on the refusal of a child or a mentally ill person. If the child or mentally ill person is in a condition to comprehend the legal meaning and consequences of testifying, their opinion is also taken. If the legal representative is also a suspect or defendant, the decision on this matter is made by the judge. However, evidence obtained in this case cannot be used in later stages of the case without the permission of the legal representative who is not a suspect or defendant.

The decisions of the judge or court rendered pursuant to this article may be appealed.

Examination of women

The examination of a woman shall be performed by a female physician, if requested and if circumstances permit.

Molecular genetic examinations

Molecular genetic examinations may be performed on samples obtained through the prescribed procedures, provided that it is necessary for determining parentage or whether the obtained evidence belongs to the suspect, defendant, or victim. Examinations aimed at making determinations beyond these purposes on the samples taken are prohibited.

Examinations that can be performed pursuant to the first paragraph may also be performed on body parts found whose owner is unknown. The second sentence of the first paragraph shall also apply in this case.

Determination of physical identity

In case it is necessary for the identification of a suspect or defendant for a crime requiring a maximum prison sentence of two years or more, their photograph, body measurements, fingerprints and palm prints, other characteristics on their body that will facilitate identification, as well as their voice and images may be recorded upon the order of the Public Prosecutor and placed in the file regarding the investigation and prosecution procedures.

Discovery

Discovery is performed by the judge, court, deputy judge, or the judge or court requested through rogatory commission, and by the Public Prosecutor in cases where delay is prejudicial.

The discovery report shall also include the existing situation and the absence of evidence expected to exist according to the specific nature of the incident but not obtained.

Pointing out the location

The Public Prosecutor may have the suspect, who has made a statement regarding the crime they are charged with, point out the location. When crimes within the scope of the first paragraph of Article 250 are in question, the judicial law enforcement chief is also authorized to have the location pointing procedure performed.

Provided that it does not delay the investigation, the defense counsel may also be present during the location pointing procedure.

The location pointing procedure shall be recorded in a report.

Determination of the identity of the deceased and forensic examination

Unless there are obstacles, before the post-mortem examination or autopsy, the identity of the deceased shall be determined by all means, especially by showing the deceased to those who know them; if there is an identified suspect or defendant, the deceased may be shown to them for identification purposes.

During the forensic examination of the deceased, medical signs, time of death, and all findings to determine the cause of death are recorded.

This examination is performed in the presence of the Public Prosecutor and by assigning a physician.

Autopsy

The autopsy is performed in the presence of the Public Prosecutor by two physicians, one of whom is a forensic medicine expert and the other a pathology specialist or a member of another branch, or two general practitioners. A physician brought by the defense counsel or representative may also be present at the autopsy. When necessary, the autopsy procedure may also be performed by one physician; this situation shall be clearly stated in the autopsy report.

The autopsy requires the opening of the head, chest, and abdomen, provided that the condition of the corpse permits.

The physician who treated the deceased during their illness immediately preceding death cannot be assigned to perform the autopsy. However, it may be requested that this physician be present during the autopsy and provide information about the course of the illness.

A buried corpse may be exhumed for examination or autopsy. The decision in this regard is made by the Public Prosecutor during the investigation phase and by the court during the prosecution phase. The exhumation decision shall be immediately notified to a relative of the deceased if it does not jeopardize the purpose of the investigation and is not difficult to reach.

While performing the procedures mentioned in the above paragraphs, images of the corpse shall be recorded.

Forensic examination or autopsy of a newborn's corpse

In the forensic examination or autopsy of a newborn's corpse, the presence of life signs during or after birth, whether it was born at the normal time, and whether it was biologically mature enough to sustain life outside the womb or had the ability to live shall be determined.

Procedure to be followed upon suspicion of poisoning

In cases where there is suspicion of poisoning, while taking samples from organs, the destruction of the organ in its apparent form shall be described. Suspected substances found on the deceased or elsewhere shall be examined and analyzed by the assigned expert.

The Public Prosecutor or court may decide that this examination be performed with the participation of a physician or under their supervision.

Apprehension and procedures regarding the apprehended person

In the cases specified below, a temporary apprehension can be made by anyone:

a) Encountering the person while committing the crime.

b) The existence of a possibility of the person being pursued for an act of *in flagrante delicto* fleeing or the inability to immediately determine their identity.

Law enforcement officers have the authority to apprehend in cases requiring an arrest warrant or an apprehension order where delay is prejudicial, provided that there is no possibility to immediately reach the Public Prosecutor or their superiors.

Even though the investigation and prosecution of a crime are subject to a complaint, the apprehension of a person in cases of *in flagrante delicto* committed against children or those who are unable to manage themselves due to physical or mental illness, disability, or weakness is not subject to a complaint.

After taking the necessary measures to prevent the person from fleeing or harming themselves or others at the time of apprehension, law enforcement shall immediately inform the apprehended person of their legal rights.

Information about the person and the incident who is apprehended and handed over to law enforcement according to the first paragraph or apprehended by officers pursuant to the second paragraph shall be given immediately to the Public Prosecutor, and the procedure shall be carried out in accordance with their order.

In the event that the purpose of issuing the apprehension order is eliminated due to the fulfillment of the procedure subject to the apprehension order, the immediate return of the apprehension order is requested by the court, judge, or Public Prosecutor.

Detention

If the person apprehended according to the above article is not released by the Public Prosecutor's Office, it may be decided to hold them in detention for the completion of the investigation. The detention period, excluding the time required to send the person to the nearest judge or court from the place of apprehension, cannot exceed twenty-four hours from the moment of apprehension. The time required for sending the person to the nearest judge or court cannot exceed twelve hours.

Detention is conditional upon this measure being necessary for the investigation and the existence of concrete evidence indicating the suspicion that the person has committed a crime.

In crimes committed collectively, due to the difficulty in collecting evidence or the large number of suspects, the Public Prosecutor may issue a written order to extend the detention period for three days, not exceeding one day at a time. The order to extend the detention period shall be immediately notified to the person in detention.

Provided that it is limited to *in flagrante delicto* cases, in the crimes specified in the following clauses, a decision for detention up to twenty-four hours may be made by law enforcement chiefs determined by the civil authority, and up to forty-eight hours during social incidents that may lead to serious disruption of public order due to the spread of violence and in crimes committed collectively. In the event that the reason for detention is eliminated or upon the completion of the procedures, information about the procedures performed shall be given to the Public Prosecutor immediately and at the latest at the end of the above-mentioned periods, and action shall be taken in accordance with their instructions. If the person is not released, the procedure is carried out according to the above paragraphs. However, the person shall be brought before a judge at the latest within forty-eight hours, and within four days in crimes committed collectively. Provisions regarding detention shall also apply to persons detained by law enforcement within the scope of this paragraph.

a) Crimes involving force and violence committed during social incidents

b) Crimes included in the Turkish Penal Code No. 5237 dated 26/9/2004;

1. Intentional killing (article 81, 82), killing by negligence (article 85),

2. Intentional injury (article 86, 87),

3. Sexual assault (article 102),

4. Sexual abuse of children (article 103),

5. Theft (article 141, 142),

6. Plunder (article 148, 149),

7. Manufacture and trade of drugs or stimulant substances (article 188),

8. Failure to comply with measures regarding infectious diseases (article 195),

9. Prostitution (article 227),

10. Ill-treatment (article 232),

c) Crimes included in the Anti-Terror Law No. 3713 dated 12/4/1991.

d) Crimes specified in clause (a) of the first paragraph of Article 33 of the Law on Meetings and Demonstration Marches No. 2911 dated 6/10/1983.

e) Violating the curfew declared based on the Provincial Administration Law No. 5442 dated 10/6/1949.

f) Crimes specified in Article 3 of the Anti-Smuggling Law No. 5607 dated 21/3/2007.

The apprehended person, their defense counsel, legal representative, spouse, or a first or second-degree blood relative may apply to the peace criminal judge to ensure immediate release against the written order of the Public Prosecutor regarding the apprehension procedure, detention, and extension of the detention period. The peace criminal judge shall conduct the review on the documents and conclude the application immediately and at the latest within twenty-four hours. If it is concluded that the apprehension, detention, or extension of the detention period is appropriate, the application shall be rejected or it shall be decided that the apprehended person be brought immediately before the Public Prosecutor's Office with the investigation documents.

Unless new and sufficient evidence is obtained regarding the act that caused the apprehension, and without the decision of the Public Prosecutor, an apprehension procedure cannot be applied again for the same reason to the person released upon the expiration of the detention period or the decision of the peace criminal judge.

If the detained person is not released, they shall be brought before the peace criminal judge and interrogated at the latest at the end of these periods. The defense counsel shall also be present at the interrogation.

Supervision of detention procedures

Chief Public Prosecutors or the Public Prosecutors they assign, as required by their judicial duties, supervise the detention cells where detained persons will be kept, interrogation rooms if any, the status of these persons, the reasons and durations of detention, and all records and procedures related to detention; they record the result in the Register of Persons Placed in Detention Cells.

Transfer of apprehended or arrested persons

Handcuffs may be placed on persons who are apprehended or arrested and transferred from one place to another in cases where there are indications that they might flee or pose a danger to their own or others' life and physical integrity.

Taking the apprehended person to court

The person apprehended during the investigation or prosecution phase upon an apprehension order issued by a judge or court shall be brought before the competent judge or court within twenty-four hours at the latest.

If the apprehended person cannot be brought before the competent judge or court within twenty-four hours, the interrogation or taking of the statement of this person is performed by the competent judge or court using the audio and video communication system installed in the courthouse where they were apprehended, or if not available, in the nearest courthouse, within the same period.

Informing relatives about the status of the apprehended or detained person

When a suspect or defendant is apprehended, detained, or their detention period is extended, a relative or a person designated by them shall be notified without delay upon the order of the Public Prosecutor.

If the apprehended or detained person is a foreigner, their situation shall be notified to the consulate of the state of which they are a citizen, unless they object in writing.

Informing relevant persons about the apprehension

If the suspect is apprehended before the complaint according to the third paragraph of Article 90 regarding a crime whose investigation and prosecution is subject to a complaint, the apprehension shall be notified to the person authorized to complain, and if there is more than one, at least one of them.

Apprehension report

The apprehension procedure shall be recorded in a report. This report shall clearly state for which crime, under what conditions, at what place and time the person was apprehended, who performed the apprehension, which law enforcement officer identified the person, and that their rights were fully explained.

Apprehension order and its reasons

During the investigation phase, an apprehension order may be issued by the peace criminal judge upon the request of the Public Prosecutor against a suspect who does not appear upon summons or cannot be summoned. Additionally, in case of an objection to the decision of rejection of an arrest request, an apprehension order may also be issued by the objection authority.

Public Prosecutors and law enforcement forces may also issue an apprehension order against a suspect or defendant who escapes from the hands of law enforcement while apprehended, or a detainee or convict who escapes from a detention house or penal execution institution.

During the prosecution phase, an apprehension order is issued by the judge or court against a fugitive defendant, ex officio or upon the request of the Public Prosecutor.

The apprehension order indicates the person's clear description, their identity if known, the crime charged, and where they will be sent when apprehended.

Reasons for arrest

In the presence of concrete evidence indicating the existence of strong suspicion of a crime and a reason for arrest, an arrest warrant may be issued against the suspect or defendant. In cases where the importance of the matter, the expected sentence, or security measure is not proportionate, an arrest warrant cannot be issued.

A reason for arrest may be assumed in the following cases:

a) If there are concrete facts causing suspicion that the suspect or defendant might flee, hide, or flee.

b) If the behavior of the suspect or defendant creates a strong suspicion regarding;

1. Destroying, hiding, or altering evidence,

2. Attempting to exert pressure on witnesses, victims, or others.

In the presence of strong suspicion that the following crimes have been committed, a reason for arrest may be assumed:

a) Crimes included in the Turkish Penal Code No. 5237 dated 26.9.2004;

1. Genocide and crimes against humanity (articles 76, 77, 78),

2. (Added: 6/12/2019-7196/art. 58) Migrant smuggling and human trafficking (articles 79, 80)

3. Intentional killing (articles 81, 82, 83),

4. (Added: 6/12/2006 – 5560/art. 17) Intentional injury committed with a weapon (article 86, paragraph 3, clause e) and intentional injury resulting in aggravated consequences (article 87),

5. Torture (articles 94, 95)

6. Sexual assault (excluding the first paragraph, article 102),

7. Sexual abuse of children (article 103),

8. Theft (articles 141, 142) and robbery (articles 148, 149),

9. Manufacture and trade of drugs or stimulant substances (article 188),

10. Establishing an organization for the purpose of committing a crime (excluding the second, seventh, and eighth paragraphs, article 220),

11. Crimes Against the Security of the State (articles 302, 303, 304, 307, 308),

12. Crimes Against the Constitutional Order and the Functioning of This Order (articles 309, 310, 311, 312, 313, 314, 315),

b) The crime of arms smuggling defined in the Law on Firearms and Knives and Other Instruments No. 6136, dated 10.7.1953 (article 12).

c) The crime of embezzlement defined in paragraphs (3) and (4) of Article 22 of the Banking Law No. 4389, dated 18.6.1999.

d) Crimes defined in the Anti-Smuggling Law No. 4926, dated 10.7.2003, which require a prison sentence.

e) Crimes defined in articles 68 and 74 of the Law on the Protection of Cultural and Natural Property No. 2863, dated 21.7.1983.

f) The crimes of intentionally burning forests defined in the fourth and fifth paragraphs of Article 110 of the Forest Law No. 6831, dated 31.8.1956.

g) Crimes listed in Article 33 of the Law on Meetings and Demonstration Marches No. 2911, dated 6/10/1983.

h) Crimes specified in the third paragraph of Article 7 of the Anti-Terror Law No. 3713, dated 12/4/1991.

No detention order may be issued for crimes punishable solely by a judicial fine, or for crimes where the upper limit of the prison sentence does not exceed two years, excluding those intentionally committed against physical integrity.

Detention order

During the investigation phase, the detention of the suspect is decided by the judge of the peace upon the request of the public prosecutor; during the prosecution phase, the detention of the accused is decided by the court upon the request of the public prosecutor or ex officio. These requests must state reasons and include legal and factual grounds indicating that judicial control measures would be insufficient.

In decisions regarding detention, continuation of detention, or the rejection of a release request in this regard;

a) Evidence showing strong suspicion of a crime,

b) Existence of grounds for detention,

c) Proportionality of the detention measure,

shall be clearly shown, justified with concrete facts. The content of the decision is notified to the suspect or the accused verbally, and a copy is provided to them in writing, and this fact is indicated in the decision.

When detention is requested, the suspect or the accused shall benefit from the assistance of a defense counsel of their choosing or one appointed by the bar association.

If a detention order is not issued, the suspect or the accused is released immediately.

Duration of detention

In cases not falling under the jurisdiction of the high criminal court, the duration of detention is a maximum of one year. However, this period may be extended for up to six more months in necessary cases, provided that the reasons are stated.

In cases falling under the jurisdiction of the high criminal court, the duration of detention is a maximum of two years. This period may be extended in necessary cases, provided that the reasons are stated; the total extension period may not exceed three years, or five years for crimes defined in the Second Book, Fourth Part, Fourth, Fifth, Sixth, and Seventh Chapters of the Turkish Penal Code No. 5237, and crimes falling under the scope of the Anti-Terror Law No. 3713, dated 12/4/1991.

The extension decisions provided for in this article are made after obtaining the opinions of the public prosecutor, the suspect or the accused, and their defense counsel.

During the investigation phase, the duration of detention cannot exceed six months for cases not falling under the jurisdiction of the high criminal court, and one year for cases falling under the jurisdiction of the high criminal court. However, for crimes defined in the Second Book, Fourth Part, Fourth, Fifth, Sixth, and Seventh Chapters of the Turkish Penal Code, crimes falling under the scope of the Anti-Terror Law, and crimes committed collectively, this period is a maximum of one year and six months, which may be extended for another six months, provided that the reasons are stated.

The detention periods stipulated in this article are applied at half the rate for children who have not reached the age of fifteen at the time of the offense, and at three-quarters of the rate for children who have not reached the age of eighteen.

Public prosecutor's request for the withdrawal of the detention order

The public prosecutor may request the judge of the peace to release the suspect under judicial control. A suspect for whom a detention order has been issued and their defense counsel may also make the same request.

If the public prosecutor concludes during the investigation phase that judicial control or detention is no longer necessary, they shall release the suspect ex officio. If a decision of non-prosecution is rendered, the suspect is released.

Release requests of the suspect or the accused

The suspect or the accused may request their release at any stage of the investigation and prosecution phases.

The decision regarding the continuation of the detention or the release of the suspect or the accused is made by the judge or the court. These decisions may be appealed.

When the file reaches the regional court of justice or the Court of Cassation, the decision on the release request is made after an examination of the file by the relevant chamber of the regional court of justice or the Court of Cassation, or by the General Assembly of Criminal Chambers of the Court of Cassation; this decision may also be made ex officio.

Notifying the relatives of the detained person

A relative or a person designated by the detainee is notified without delay upon the judge's order of every detention and every decision to extend detention.

Furthermore, provided that it does not jeopardize the purpose of the investigation, the detainee is permitted to personally notify a relative or a person of their choosing about the detention.

If the suspect or the accused is a foreigner, the situation of their detention is notified to the consulate of the state of which they are a citizen, unless they object in writing.

Review of detention

During the investigation phase, while the suspect is in the detention facility, and at least every thirty days, a decision is made by the judge of the peace upon the request of the public prosecutor, considering the provisions of Article 100 and after hearing the suspect or their defense counsel, as to whether the continuation of detention is necessary.

The review of the detention status may also be requested by the suspect within the period stipulated in the paragraph above.

The judge or the court decides ex officio whether the continuation of the detention of the accused in the detention facility is necessary at every hearing, or when conditions require it, between hearings, or within the period stipulated in the first paragraph.

Judicial control

In an investigation conducted due to a crime, if the grounds for detention specified in Article 100 exist, it may be decided to place the suspect under judicial control instead of detention.

The provisions regarding judicial control may also be applied in cases where detention is prohibited by law.

Judicial control includes subjecting the suspect to one or more of the following obligations:

a) Not leaving the country.

b) Reporting regularly to locations determined by the judge within specified time frames.

c) Complying with summons from authorities or persons designated by the judge, and when necessary, complying with control measures related to their professional activities or educational attendance.

d) Not using any or certain types of vehicles and, when necessary, surrendering their driver's license to the clerk in exchange for a receipt.

e) Undergoing and accepting treatment or examination measures, including hospitalization, for the purpose of ridding oneself of addiction to drugs, stimulants, volatile substances, or alcohol.

f) Depositing a guarantee amount, the quantity and payment terms of which, whether in a single installment or multiple installments, are determined by the judge upon the request of the public prosecutor, considering the financial situation of the suspect.

g) Not possessing or carrying a weapon, and when necessary, surrendering weapons owned to the judicial depository in exchange for a receipt.

h) Providing in-kind or personal security for an amount to be determined by the judge upon the request of the public prosecutor to secure the rights of the crime victim.

i) Providing a guarantee that they will fulfill family obligations and regularly pay the alimony they are sentenced to pay in accordance with judicial decisions.

j) Not leaving their residence.

k) Not leaving a specific residential area.

l) Not going to specific places or regions.

Instead of detention, it may be decided to place under judicial control a suspect who has been determined, in accordance with the third paragraph of Article 16 of the Law on the Execution of Penal and Security Measures No. 5275, dated 13/12/2004, to be unable to survive alone in penal institution conditions due to a serious illness or disability to which they are exposed, or a female suspect who is pregnant or has not passed six months since giving birth. In the event that a conviction has been rendered and an appeal or cassation remedy has been sought regarding this judgment, the court of first instance that rendered the judgment may also issue a judicial control decision by examining the UYAP records.

The judge or public prosecutor may permit the suspect to use a vehicle in their professional activities, either permanently or temporarily, in the application of the obligation specified in clause (d).

The time spent under judicial control cannot be deducted from the sentence as a reason for limiting personal liberty. This provision does not apply in cases specified in clause (e) of the third paragraph of the article.

The provisions regarding judicial control may be applied to those released due to the expiration of the detention periods stipulated by law.

Judicial control decision and the authorities authorized to rule

The suspect may be placed under judicial control at any stage of the investigation phase upon the request of the public prosecutor and the decision of the judge of the peace.

The judge, upon the request of the public prosecutor, may impose one or more new obligations on the suspect under judicial control; they may entirely or partially lift, change, or temporarily exempt the suspect from complying with some of the obligations that constitute the content of the control.

The provisions of Article 109 and this article may also be applied by other competent and authorized judicial authorities at any stage of the prosecution phase when deemed necessary.

Lifting of the judicial control decision

Upon the request of the suspect or the accused, the judge or the court may decide within five days after obtaining the opinion of the public prosecutor, in accordance with the second paragraph of Article 110.

Decisions regarding judicial control may be appealed.

Non-compliance with measures

Regarding a suspect or accused who deliberately fails to fulfill the provisions of judicial control, the competent judicial authority may immediately issue a detention order, regardless of the duration of the potential prison sentence. In the event that a conviction has been rendered and an appeal or cassation remedy has been sought regarding this judgment, the court of first instance that rendered the judgment may also issue a detention order by examining the UYAP records.

The provision of the first paragraph may also be applied in the event of a violation of a judicial control measure granted due to the expiration of the maximum detention period. However, in this case, the detention period cannot exceed nine months for cases falling under the jurisdiction of the high criminal court, and two months for other cases.

Guarantee

The guarantee to be provided by the suspect or the accused ensures the fulfillment of the following matters:

a) The suspect or the accused being present for all procedural actions, for the execution of the judgment, or to fulfill other obligations to which they may be subject.

b) Making payments in the following order:

1. Expenses incurred by the plaintiff, compensation for damages caused by the crime, and restitution; if the suspect or the accused is being prosecuted for failure to pay alimony, then the alimony debts.

2. Public expenses.

3. Fines.

Search regarding the suspect or the accused

If there is a reasonable suspicion that they can be caught or that evidence of the crime can be obtained, the person, belongings, residence, workplace, or other places belonging to the suspect or the accused may be searched.

Search regarding other persons

For the purpose of apprehending the suspect or the accused or obtaining evidence of the crime, the person, belongings, residence, workplace, or other places belonging to another person may also be searched.

In these cases, the search is dependent on the existence of events that allow for the conclusion that the person being sought or evidence of the crime is present in the specified locations.

This limitation does not apply to places where the suspect or the accused is located, or to places they enter while being followed.

Search at night

No search can be conducted at night in a residence, workplace, or other closed areas.

The provision of the first paragraph does not apply to searches conducted in cases of *flagrante delicto* or cases where there is a risk in delay, or for the purpose of re-arresting a person who has escaped after being caught or taken into custody, or a detainee or convict.

Search order

Law enforcement officers may conduct a search upon the order of a judge, or in cases where there is a risk in delay, upon the written order of the public prosecutor, and in cases where the public prosecutor cannot be reached, upon the written order of the law enforcement chief. However, searches in residences, workplaces, and closed areas not open to the public can be conducted upon a judge's order or, in cases where there is a risk in delay, upon the written order of the public prosecutor. Results of searches conducted upon the written order of a law enforcement chief are reported immediately to the Office of the Public Prosecutor.

In the search order or command;

a) The act that constitutes the reason for the search,

b) The person to be searched, the address of the residence or other place to be searched, or the item,

c) The time period for which the order or command will be valid,

are clearly shown.

The clear identities of those performing the action are written in the search report.

In the absence of the public prosecutor, two people from the council of elders of that place or neighbors shall be present for a search in a residence, workplace, or other closed areas.

Securing and seizing items or proceeds

Assets that are seen as useful as evidence or that are the subject of the confiscation of property or proceeds are secured.

Such items that the person holding them does not voluntarily surrender may be seized.

The value of the secured or seized items or property assets is determined.

Authority to issue seizure orders

Law enforcement officers may carry out the seizure process upon a judge's order, or in cases where there is a risk in delay, upon the written order of the public prosecutor, and in cases where the public prosecutor cannot be reached, upon the written order of the law enforcement chief.

The clear identity of the law enforcement officer is recorded in the seizure report.

The seizure action taken without a judge's order is submitted for the approval of the competent judge within twenty-four hours. The judge shall announce their decision within forty-eight hours from the seizure; otherwise, the seizure is automatically lifted.

A person whose items or other property assets are seized while in their possession may request a decision on this matter from the judge at any time.

The seizure action is notified without delay to the victim harmed by the crime.

Search, seizure, and postal seizure in law offices

Law offices can only be searched with a court order and under the supervision of the public prosecutor regarding the event specified in the order. The head of the bar association or an attorney representing them shall be present at the search.

Regarding items decided to be seized as a result of the search, if the attorney whose office is being searched, the head of the bar association, or the attorney representing them objects by claiming that they belong to the professional relationship between the attorney and the client, this item is placed in a separate envelope or package and sealed by those present, and it is requested from the judge of the peace during the investigation phase, or from the judge or court during the prosecution phase, to issue the necessary decision on this matter. When the competent judge determines that the seized item belongs to the professional relationship between the attorney and the client, the seized item is immediately returned to the attorney, and the reports indicating the action taken are destroyed. The decisions provided for in this paragraph are made within twenty-four hours.

Appointment of a trustee for company management

If there are strong grounds for suspicion that the crime is being committed within the framework of a company's activities and it is necessary to uncover the material truth; during the investigation and prosecution process, the judge or the court may appoint a trustee regarding the conduct of the company's affairs. In the appointment order, it is clearly stated whether the validity of the decisions and actions of the management body is subject to the approval of the trustee, or whether the powers of the management body, or the powers of the management body together with the powers to manage partnership shares or securities, are entirely given to the trustee. The decision regarding the appointment of a trustee is announced in the Trade Registry Gazette and by other appropriate means. (1)

The fee determined by the judge or the court for the trustee is met from the company budget. However, in the event of a decision of non-prosecution or an acquittal regarding the crime that is the subject of the investigation or prosecution; the entire amount paid from the company budget as a fee, together with legal interest, is met from the State Treasury.

Interested parties may apply to the competent court against the actions of the appointed trustee in accordance with the provisions of the Turkish Civil Code No. 4721, dated 22.11.2001, and the Turkish Commercial Code No. 6762, dated 29.6.1956.

The provisions of this article can only be applied regarding the crimes listed below.

a) Crimes contained in the Turkish Penal Code,

1. Migrant smuggling and human trafficking (articles 79, 80),

2. Manufacture and trade of drugs or stimulant substances (article 188),

3. Counterfeiting of money (article 197),

4. Prostitution (article 227),

5. Providing a place and facilities for gambling (article 228),

6. Embezzlement (article 247),

7. Laundering of assets derived from crime (article 282),

8. Armed organization (article 314) or providing weapons to these organizations (article 315),

9. Crimes Against State Secrets and Espionage (articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

Crimes,

b) The crime of arms smuggling defined in the Law on Firearms and Knives and Other Instruments (article 12),

c) Embezzlement crime defined in paragraphs (3) and (4) of Article 22 of the Banking Law,

d) Crimes defined in the Anti-Smuggling Law that require a prison sentence,

e) Crimes defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

Search, copying and seizure of computers, computer programs and logs

In an investigation conducted for a crime, in the presence of strong suspicion based on concrete evidence and if there is no other way to obtain evidence, it is decided by the judge, or by the public prosecutor in cases where delay is prejudicial, to search the computer, computer programs, and computer logs used by the suspect, to make copies of computer records, and to decode and transcribe these records into text. Decisions made by the public prosecutor are submitted to the judge for approval within twenty-four hours. The judge gives his decision within twenty-four hours at the latest. If the time limit expires or if the judge makes a contrary decision, the copies made and the transcribed texts are immediately destroyed.

If the computer, computer programs, and computer logs cannot be accessed due to the inability to decrypt the password, or if hidden information cannot be accessed, or if the process will take a long time, these tools and equipment may be seized in order to perform the decryption and obtain the necessary copies. Once the decryption is performed and the necessary copies are taken, the seized devices are returned without delay.

During the process of seizing the computer or computer logs, a backup of all data in the system is made.

A copy is made from the backup taken according to the third paragraph and given to the suspect or their attorney, and this matter is recorded in the minutes and signed.

Without seizing the computer or computer logs, a copy of all or part of the data in the system can be taken. The copied data is printed on paper, and this matter is recorded in the minutes and signed by the relevant parties.

Detection, interception and recording of communication

In an investigation and prosecution conducted for a crime, in the case of the existence of strong suspicion based on concrete evidence that a crime has been committed and the absence of any other possibility to obtain evidence, the communication of the suspect or defendant via telecommunication may be intercepted, recorded, and signal information may be evaluated upon the decision of the judge, or the public prosecutor in cases where delay is prejudicial. The public prosecutor submits his decision to the judge for approval immediately, and the judge gives his decision within twenty-four hours at the latest. If the time limit expires or if the judge makes a contrary decision, the measure is immediately lifted by the public prosecutor.

While making the request, a document or report indicating the owner of the line or communication tool for which the measure decision will be issued in accordance with this article, and the user if known, is attached.

Communication between the suspect or defendant and persons who may refrain from testifying cannot be recorded. If this situation is understood after the recording has taken place, the recordings obtained are immediately destroyed.

In the decision given according to the provision of the first paragraph, the type of the alleged crime, the identity of the person subject to the measure, the type of communication tool, the phone number or the code allowing the identification of the communication connection, and the type, scope, and duration of the measure are specified. The measure decision can be issued for a maximum of two months; this period may be extended for one more month. However, if deemed necessary regarding crimes committed within the framework of an organization's activities, the judge may decide to extend it for a period not exceeding one month each time and not exceeding a total of three months in addition to the above periods.

In order to apprehend the suspect or defendant, the location of the mobile phone may be determined based on the decision of the judge, or the public prosecutor in cases where delay is prejudicial. The decision regarding this matter specifies the mobile phone number and the duration of the detection process. The detection process can be performed for a maximum of two months; this period may be extended for one more month.

The detection of the telecommunication of the suspect and defendant is carried out based on the decision of the judge during the investigation stage, or the public prosecutor in cases where delay is prejudicial, and upon the decision of the court during the prosecution stage. The decision specifies the type of the alleged crime, the identity of the person subject to the measure, the type of communication tool, the phone number or the code allowing the identification of the communication connection, and the duration of the measure. The public prosecutor submits his decision to the judge for approval within twenty-four hours, and the judge gives his decision within twenty-four hours at the latest. If the time limit expires or if the judge makes a contrary decision, the records are immediately destroyed.

Decisions made and actions taken according to the provisions of this article are kept confidential during the period of the measure.

The provisions regarding interception, recording, and evaluation of signal information within the scope of this article can only be applied regarding the crimes listed below:

a) Crimes contained in the Turkish Penal Code;

1. Migrant smuggling and human trafficking (articles 79, 80) and organ or tissue trafficking (article 91),

2. Intentional killing (articles 81, 82, 83),

3. Torture (articles 94, 95),

4. Sexual assault (excluding the first paragraph, article 102),

5. Sexual abuse of children (article 103),

6. Aggravated theft (article 142) and robbery (articles 148, 149) and aggravated fraud (article 158),

7. Production and trade of drugs or stimulants (article 188),

8. Counterfeiting money (article 197),

9. (Repealed: 21/2/2014 – 6526/art. 12; Re-arranged: 24/11/2016-6763/art. 26) Establishing an organization for the purpose of committing crimes (article 220, paragraph three),

10. Prostitution (article 227),

11. Rigging a bid (article 235),

12. (Added: 24/11/2016-6763/art. 26) Loan sharking (article 241),

13. Bribery (article 252),

14. Laundering assets derived from crime (article 282),

15. Undermining the unity and territorial integrity of the state (article 302),

16. Crimes against the Constitutional Order and the Functioning of this Order (articles 309, 311, 312, 313, 314, 315, 316),

17. Crimes against State Secrets and Espionage (articles 328, 329, 330, 331, 333, 334, 335, 336, 337).

b) Weapons smuggling crimes defined in the Law on Firearms and Knives and Other Instruments (article 12).

c) Embezzlement crime defined in paragraphs (3) and (4) of Article 22 of the Banking Law,

d) Crimes defined in the Anti-Smuggling Law that require a prison sentence.

e) Crimes defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

(9) Except for the principles and procedures determined in this article, no one may intercept or record another person's communication via telecommunication.

Assignment of an undercover investigator

In the case of the existence of strong suspicion based on concrete evidence regarding the commission of the crime subject to the investigation and the impossibility of obtaining evidence by other means, public officials may be assigned as undercover investigators. The assignment to be made in accordance with this article is decided by the judge.

The investigator's identity may be changed. Legal transactions can be carried out with this identity. Necessary documents can be prepared, changed, and used if it is mandatory for the creation and maintenance of the identity.

The decision and other documents regarding the investigator's assignment are kept at the relevant Chief Public Prosecutor's Office. The investigator's identity is kept secret even after the termination of his duty. If it is mandatory for the investigator to be heard as a witness during the prosecution stage, he is heard in a private setting without those who have the right to be present at the hearing, or by changing his voice or appearance.

The investigator is obliged to conduct all kinds of research regarding the organization he is assigned to monitor and to collect evidence regarding crimes committed within the framework of the activities of this organization.

The investigator cannot commit a crime while performing his duty and cannot be held responsible for the crimes that the organization he is assigned to is committing.

Personal information obtained through the assignment of an investigator cannot be used outside of the criminal investigation and prosecution for which he was assigned. Personal information not related to the crime is immediately destroyed.

The provisions of this article can only be applied regarding the crimes listed below:

a) Crimes contained in the Turkish Penal Code;

1. Production and trade of drugs or stimulants, regardless of whether it is committed within the framework of organized activity (article 188),

2. Establishing an organization for the purpose of committing crimes (excluding paragraphs two, seven, and eight, article 220),

3. Armed organization (article 314) or providing weapons to these organizations (article 315).

b) Weapons smuggling crimes defined in the Law on Firearms and Knives and Other Instruments (article 12).

c) Crimes defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

Surveillance with technical tools

In the case of the existence of strong suspicion based on concrete evidence that the following crimes have been committed and the impossibility of obtaining evidence by other means, the suspect's or defendant's activities in public places and their workplace may be monitored with technical tools, and audio or video recordings may be made:(1)

a) Crimes contained in the Turkish Penal Code;

1. Migrant smuggling and human trafficking (articles 79, 80) and organ or tissue trafficking (article 91), (5)

2. Intentional killing (articles 81, 82, 83),

3. Aggravated theft (article 142) and robbery (articles 148, 149) and aggravated fraud (article 158),

4. Production and trade of drugs or stimulants (article 188),

5. Counterfeiting money (article 197),

6. Establishing an organization for the purpose of committing crimes (article 220, paragraph three),

7. (Added: 25/5/2005 – 5353/art. 19) Prostitution (article 227)

8. Rigging a bid (article 235),

9. (Added: 24/11/2016-6763/art. 28) Loan sharking (article 241),

10. Bribery (article 252),

11. Laundering assets derived from crime (article 282),

12. (Amended: 2/12/2014-6572/art. 43) Undermining the unity and territorial integrity of the state (article 302),

13. Crimes against the Constitutional Order and the Functioning of this Order (articles 309, 311, 312, 313, 314, 315, 316),

14. Crimes against State Secrets and Espionage (articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

Crimes.

b) Weapons smuggling crimes defined in the Law on Firearms and Knives and Other Instruments (article 12).

c) Crimes defined in the Anti-Smuggling Law that require a prison sentence.

d) Crimes defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

Surveillance with technical tools is decided by the judge, or by the public prosecutor in cases where delay is prejudicial. Decisions made by the public prosecutor are submitted to the judge for approval within twenty-four hours. The judge gives his decision within twenty-four hours at the latest. If the time limit expires or if the judge makes a contrary decision, the records are immediately destroyed.

A decision for surveillance with technical tools can be given for a period of up to three weeks. This period may be extended for one more week if necessary. However, if deemed necessary regarding crimes committed within the framework of an organization's activities, the judge may decide to extend it for a period not exceeding one week each time and not exceeding a total of four weeks in addition to the above periods. If an undercover investigator is assigned along with the surveillance measure with technical tools, the periods specified in this paragraph are applied by increasing them by one fold.

The evidence obtained cannot be used outside of the investigation and prosecution regarding the crimes listed above; if it is not necessary for criminal prosecution, it is immediately destroyed under the supervision of the public prosecutor.

The provisions of this article cannot be applied in a person's residence.

Summons for statement or interrogation

The person whose statement will be taken or who will be interrogated is summoned by an invitation; the reason for the summons is clearly stated; it is written that they will be brought by force if they do not come.

Bringing by force

A decision may be made to bring by force the suspect or defendant for whom there are sufficient grounds for issuing an arrest warrant or an apprehension order, or who does not come despite being summoned according to Article 145.

The force-bringing decision includes the suspect's or defendant's clear identity, the crime related to them, their appearance if necessary, and the reasons for bringing them by force.

A copy of the force-bringing decision is given to the suspect or defendant.

Method of statement and interrogation

The following issues are complied with when taking the statement of or interrogating the suspect or defendant:

a) The suspect's or defendant's identity is determined. The suspect or defendant is obliged to answer questions regarding their identity accurately.

b) The charged crime is explained.

c) It is notified that they have the right to choose an attorney and can benefit from their legal assistance, and that the attorney can be present during their statement or interrogation. If they are not in a position to choose an attorney and wish to benefit from the assistance of an attorney, an attorney is assigned to them by the bar association.

d) Subject to the provision of Article 95, it is immediately notified to one of the relatives of the apprehended person as requested by them.

e) It is stated that they have a legal right not to make a statement regarding the charged crime.

f) It is reminded that they can request the collection of concrete evidence to clear themselves of suspicion, and the opportunity is granted to eliminate the suspicion against them and to present matters in their favor.

g) Information is obtained regarding the personal and economic situation of the person giving the statement or being interrogated.

h) Technical facilities are utilized in recording the statement and interrogation processes.

i) The statement and interrogation are recorded in the minutes. This record includes the following:

1. Place and date where the statement or interrogation process took place.

2. Names and titles of those present during the statement or interrogation and the clear identity of the person giving the statement or being interrogated.

3. Whether the above-mentioned processes were fulfilled in taking the statement or interrogation, and if these processes were not fulfilled, the reasons.

4. That the content of the record was read by the person giving the statement or being interrogated and the attorney present, and their signatures were obtained.

5. In case of refusal to sign, the reasons for it.

Prohibited methods in statement and interrogation

The statement of the suspect and defendant must be based on their free will. Physical or mental interventions that are of a nature to prevent this, such as mistreatment, torture, administering drugs, exhaustion, deception, force or threats, or the use of certain tools, cannot be performed.

A benefit contrary to the law cannot be promised.

Statements obtained through prohibited methods cannot be evaluated as evidence even if they were given with consent.

A statement taken by law enforcement without the presence of an attorney cannot be used as a basis for a verdict unless it is confirmed by the suspect or defendant in the presence of a judge or court.

When the need arises to take the statement of the suspect again regarding the same incident, this process can only be performed by the public prosecutor.

Choice of attorney by the suspect or defendant

The suspect or defendant may benefit from the assistance of one or more attorneys at every stage of the investigation and prosecution; if they have a legal representative, they can also choose an attorney for the suspect or defendant.

During the investigation stage, a maximum of three lawyers can be present during the taking of a statement. (Added sentence: 3/10/2016-Decree Law-676/art. 1; Accepted as is: 1/2/2018-7070/art. 1) In prosecutions conducted regarding crimes committed within the framework of an organization's activities, a maximum of three lawyers can be present at the hearing.

At every stage of the investigation and prosecution phases, the lawyer's right to meet with the suspect or defendant, to be by their side during the taking of a statement or interrogation, and to provide legal assistance cannot be prevented or restricted.

Assignment of an attorney

The suspect or defendant is asked to choose an attorney for themselves. If the suspect or defendant declares that they are not in a position to choose an attorney, an attorney is assigned upon their request.

If a suspect or defendant without an attorney is a child, disabled to the extent of not being able to defend themselves, or deaf and mute, an attorney is assigned without seeking their request.

The provision of the second paragraph is applied in investigations and prosecutions conducted due to crimes requiring a prison sentence with a lower limit of more than five years.

Other matters related to mandatory legal representation are regulated by a regulation to be issued after taking the opinion of the Union of Turkish Bar Associations.

Action to be taken when the attorney does not perform their duty and prohibition from the duty of attorney

If the assigned attorney is not present at the hearing or withdraws from the hearing in an untimely manner, or avoids performing their duty, the judge or court immediately takes the necessary action for another attorney to be assigned. In this case, the court may take a break from the session or may decide to postpone the session.

If the new attorney declares that there is not enough time to prepare their defense, the session is postponed.

Attorney's authority to examine the file

The attorney may examine the file content during the investigation stage and may receive a copy of the documents they want without any fee.

The attorney's authority to examine the file content or receive copies of documents can be restricted by a judge's decision upon the request of the public prosecutor if it may endanger the purpose of the investigation. This decision can only be given in investigations conducted regarding the crimes listed below:

a) Contained in the Turkish Penal Code No. 5237 dated 26/9/2004;

1. Intentional killing (articles 81, 82, 83),

2. Sexual assault (excluding the first paragraph, article 102),

3. Sexual abuse of children (article 103),

4. Production and trade of drugs or stimulants (article 188),

5. Establishing an organization for the purpose of committing crimes (article 220),

6. Crimes against the Security of the State (articles 302, 303, 304, 307, 308),

7. Crimes against the Constitutional Order and the Functioning of this Order (articles 309, 310, 311, 312, 313, 314, 315, 316),

8. Crimes against State Secrets and Espionage (articles 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 337).

b) Weapons smuggling crimes defined in the Law on Firearms and Knives and Other Instruments No. 6136 dated 10/7/1953 (article 12).

c) Embezzlement crime defined in Article 160 of the Banking Law No. 5411 dated 19/10/2005.

d) Crimes defined in the Anti-Smuggling Law No. 5607 dated 21/3/2007.

The provision of the second paragraph does not apply to the minutes containing the statement of the apprehended person or suspect, to expert reports, and to minutes regarding other judicial proceedings in which the aforementioned persons are authorized to be present.

The defense counsel may examine the file content and the evidence under protection from the date the indictment is accepted by the court; they may obtain copies of all minutes and documents free of charge.

The counsel of the victim of the crime also benefits from the rights contained in this article.

Meeting with the defense counsel

The suspect or the accused may meet with their defense counsel at any time, without the need for a power of attorney, in an environment where their conversation cannot be overheard by others. Correspondence between these persons and the defense counsel cannot be subjected to inspection.

Presence of the legal representative or spouse at the hearing

The legal representative of the accused is notified of the day and time of the hearing, and they may be admitted to the hearing and heard upon their request.

The provision of the first paragraph applies to the spouse of the accused without the need for service of notice.

Procedure for appointing a defense counsel

In the cases written in Article 150, the defense counsel is appointed by the Bar Association;

a) During the investigation phase, upon the request of the authority taking the statement or the judge conducting the interrogation,

b) During the prosecution phase, upon the request of the court.

The defense counsel is appointed by the Bar Association of the place where the investigation or prosecution is conducted.

If the suspect or the accused subsequently chooses their own defense counsel, the duty of the lawyer appointed by the Bar Association terminates.

Confidentiality of the investigation

Procedural actions during the investigation phase are confidential, provided that cases where the law stipulates otherwise are reserved and that the rights of defense are not prejudiced.

Denunciation and complaint

A denunciation or complaint regarding a crime may be made to the Chief Public Prosecutor's Office or law enforcement authorities.

(2) A denunciation or complaint made to the Governorship or District Governorship or to the court is sent to the relevant Chief Public Prosecutor's Office.

(3) Denunciations or complaints may also be made to Turkey's embassies and consulates regarding crimes committed abroad that require prosecution in the country.

(4) A denunciation or complaint made to the administration of the relevant institution or organization regarding a crime alleged to have been committed in connection with the execution of a public duty is sent to the relevant Chief Public Prosecutor's Office without delay.

(5) A denunciation or complaint may be made in writing or orally to be recorded in the minutes.

(6) If it is clearly understood without the need for any investigation that the act subject to the denunciation or complaint does not constitute a crime, or if the denunciation or complaint is abstract and general in nature, a decision is made that there is no room for investigation. In this case, the person complained about cannot be given the status of a suspect. The decision that there is no room for investigation is notified to the denouncer or complainant, if any, and this decision may be appealed against according to the procedure in Article 173. Upon the acceptance of the appeal, the Chief Public Prosecutor's Office initiates investigation proceedings. The procedures carried out and decisions made in accordance with this paragraph are recorded in a system dedicated to them. These records can only be viewed by the public prosecutor, judge, or court.

If it is understood after passing to the prosecution phase as a result of the conducted investigation that the crime is subject to a complaint; the trial continues unless the victim clearly waives the complaint.

The duty of the public prosecutor who learns that a crime has been committed

As soon as the public prosecutor learns of a situation that gives the impression that a crime has been committed, through denunciation or otherwise, they immediately begin to investigate the truth of the matter in order to decide whether there is room to file a public lawsuit.

In order to investigate the material truth and ensure a fair trial, the public prosecutor is obliged to collect and secure evidence for and against the suspect through judicial law enforcement officers under their command, and to protect the rights of the suspect.

Duties and powers of the public prosecutor

The public prosecutor may conduct all kinds of investigations directly or through judicial law enforcement officers under their command; they may request all kinds of information from all public officials to reach the conclusions written in the article above. When a need arises for the public prosecutor to perform an action outside the judicial district of the court where they serve in accordance with their judicial duty, they request the public prosecutor of that place to perform the action in question.

Judicial law enforcement officers are obliged to immediately notify the public prosecutor under whose command they work of the incidents they have intervened in, the persons apprehended, and the measures applied, and to fulfill all orders of this public prosecutor regarding the judiciary without delay.

The public prosecutor gives orders to judicial law enforcement officers in writing; in urgent cases, orally. The oral order is also notified in writing as soon as possible.

Other public officials are also obliged to provide the information and documents needed within the scope of the ongoing investigation to the requesting public prosecutor without loss of time.

Direct investigations are conducted by public prosecutors regarding public officials who are seen to have committed misconduct or negligence in judicial tasks given to them by law or requested from them within the scope of the law, and regarding law enforcement chiefs and officers who are seen to have committed misconduct or negligence in carrying out the verbal or written requests and orders of the public prosecutors. The provisions of the Law on the Trial of Civil Servants and Other Public Officials dated 2.12.1999 and numbered 4483 apply to governors and district governors, and the trial procedure to which judges are subject due to their duties applies to the highest-ranking law enforcement chiefs.

The authority to conduct investigations and prosecutions regarding the personal crimes of governors and district governors belongs to the provincial Chief Public Prosecutor's Office and the high criminal court of the place where the regional court of justice to which the place where the person in question serves is affiliated is located. In cases of flagrante delicto that fall under the jurisdiction of the high criminal court, the investigation is conducted according to general provisions.

In an investigation coming with a decision of lack of jurisdiction, if the public prosecutor concludes that they are also without jurisdiction, they issue a decision of lack of jurisdiction and send the investigation file to the high criminal court closest to the high criminal court where they serve in the judicial district for the determination of the competent prosecutor's office. The decision made by the court on this matter is final.

Regarding the crimes regulated in Articles 302, 309, 311, 312, 313, 314, 315, and 316 of the Turkish Penal Code, direct investigation is conducted by public prosecutors even if they have been committed during or because of the duty. The provision of Article 26 of the State Intelligence Services and National Intelligence Organization Law dated 1/11/1983 and numbered 2937 is reserved.

The authority to conduct investigations and prosecutions regarding a member of parliament who is alleged to have committed a crime before or after the election belongs to the Ankara Chief Public Prosecutor's Office and the high criminal court of that place. The investigation is conducted personally by the Chief Public Prosecutor or a deputy to be assigned by them. The Chief Public Prosecutor or their deputy may request the public prosecutor of the place where the crime was committed to conduct the investigation partially or completely. In cases where there is a risk of delay, the public prosecutor of the place where the crime was committed collects the necessary evidence and makes a request to the peace criminal judgeship of the place where they are located regarding decisions to be taken if necessary.

Public prosecutor's request for a judge's decision in investigation

If the public prosecutor deems it necessary to conduct an investigative action that can only be performed by a judge, they notify their requests to the peace criminal judge of the place where this action will be performed. The peace criminal judge examines whether the requested action is in accordance with the law, makes a decision, and fulfills the requirement.

Conduct of the investigation by the peace criminal judge

In cases of flagrante delicto and in cases where there is a risk of delay, if the public prosecutor cannot be reached or if the incident exceeds the public prosecutor's workload due to its breadth, the peace criminal judge may also perform all investigation actions.

Law enforcement chiefs and officers take the measures ordered by the peace criminal judge and carry out the investigations.

Judicial law enforcement and its duty

Judicial law enforcement refers to security officers who perform the investigation actions specified in Articles 8, 9, and 12 of the Police Organization Law dated 4.6.1937 and numbered 3201; Article 7 of the Gendarmerie Organization, Duties, and Powers Law dated 10.3.1983 and numbered 2803; Article 8 of the Decree Law on the Organization and Duties of the Undersecretariat of Customs dated 2.7.1993 and numbered 485; and Article 4 of the Coast Guard Command Law dated 9.7.1982 and numbered 2692.

Investigation actions are primarily performed by judicial law enforcement in line with the orders and instructions of the public prosecutor. Judicial law enforcement officers fulfill the orders of the public prosecutor regarding judicial tasks.

Judicial law enforcement is under the command of their superiors in services other than judicial tasks.

Recording the actions performed during the investigation phase in the minutes

A clerk of the court is present next to the public prosecutor or the peace criminal judge during the taking of the suspect's statement or interrogation, the hearing of a witness and expert, or during an on-site inspection and examination. In urgent cases, another person may be assigned as a clerk on the condition that they take an oath.

Every investigation action is recorded in the minutes. The minutes are signed by the judicial law enforcement officer, the public prosecutor, or the peace criminal judge, and the clerk of the court who is present.

The name and signature of the lawyer are also included in the minutes regarding the actions in which they are present in the capacity of defense counsel or attorney.

The minutes contain the place, date, start and end times of the action, and the names of the persons participating in or concerned with the action.

The parts of the minutes that concern them are read to the interested parties present at the action to be confirmed by them, or given to them to read. This matter is written in the minutes and signed by the interested parties.

Representation of a legal entity

In investigations and prosecutions conducted due to crimes committed within the framework of the activities of a legal entity, the organ or representative of the legal entity is accepted to the hearing in the capacity of a participant or on the side of the defense.

In this case, the organ or representative of the legal entity benefits from the rights provided to the participant or the accused by this Law.

The provision of the first paragraph does not apply if the accused also holds the capacity of an organ or representative of the legal entity.

Conciliation

An attempt is made to conciliate the suspect with the victim or the natural or private legal entity damaged by the crime in the following crimes:

a) Crimes whose investigation and prosecution are subject to a complaint.

b) Regardless of whether it is subject to a complaint or not, the crimes contained in the Turkish Penal Code:

1. Intentional injury (except the third paragraph, Article 86; Article 88),

2. Injury by negligence (Article 89),

3. Threat (Article 106, first paragraph),

4. Violation of residence immunity (Article 116),

5. Violation of the freedom of work and labor (Article 117, first paragraph; Article 119, first paragraph, clause (c)),

6. Theft (Article 141),

7. Misuse of trust (Article 155),

8. Fraud (Article 157),

9. Purchasing or accepting stolen goods (Article 165),

10. Abduction and detention of a child (Article 234),

11. Disclosure of information or documents that are trade secrets, banking secrets, or customer secrets (except the fourth paragraph, Article 239).

c) Provided that the victim or the person damaged by the crime is a natural or private legal entity, regarding children dragged into crime, also crimes requiring imprisonment or judicial fines with an upper limit not exceeding three years.

Except for those whose investigation and prosecution are subject to a complaint; for conciliation to be resorted to regarding crimes in other laws, there must be an explicit provision in the law.

Even if the investigation and prosecution are subject to a complaint, conciliation cannot be resorted to in crimes against sexual immunity. If a crime within the scope of conciliation is committed against the same victim together with another crime not within this scope, conciliation provisions are not applied.

If the crime subject to the investigation is subject to conciliation and there is sufficient suspicion to file a public lawsuit, the file is sent to the conciliation bureau. The conciliator assigned by the bureau makes a conciliation offer to the suspect and the victim or the person damaged by the crime. If the suspect, victim, or person damaged by the crime is not an adult, the conciliation offer is made to their legal representatives. The conciliator may also make the conciliation offer via explanatory service or rogatory letter. If the suspect, victim, or person damaged by the crime does not notify their decision within three days from the time the conciliation offer is made to them, they are deemed to have rejected the offer.

When a conciliation offer is made, the nature of conciliation and the legal consequences of accepting or rejecting conciliation are explained to the person.

If the victim, person damaged by the crime, suspect, or their legal representative cannot be reached because they are not found at the address declared to official authorities and located in the investigation file, or are abroad, or for any other reason, the investigation is concluded without resorting to conciliation.

For conciliation to be resorted to in a crime that caused the victimization or damage of more than one person, all of the victims or persons damaged by the crime must accept the conciliation.

Making a conciliation offer or the acceptance of the offer does not prevent the collection of evidence regarding the crime subject to the investigation and the application of protection measures.

The cases in which the judge cannot look at the case and the reasons for rejection determined in this Law are taken into consideration regarding the assignment of a conciliator.

Copies of the documents in the investigation file deemed appropriate by the public prosecutor are given to the assigned conciliator. The conciliation bureau reminds the conciliator that they are obliged to act in accordance with the principle of confidentiality of the investigation.

The conciliator concludes the conciliation procedures within at most thirty days from the time copies of the documents in the file are given to them. The conciliation bureau may extend this period at most two more times, each not exceeding twenty days.

Conciliation negotiations are conducted confidentially. The suspect, victim, person damaged by the crime, legal representative, defense counsel, and attorney may participate in the conciliation negotiations. If the suspect, victim, or person damaged by the crime themselves, or their legal representative or attorney, refuses to participate in the negotiations, they are deemed not to have accepted the conciliation.

The conciliator may discuss with the public prosecutor regarding the method to be followed during the negotiations; the public prosecutor may give instructions to the conciliator.

At the end of the conciliation negotiations, the conciliator prepares a report and gives it to the conciliation bureau together with the document copies given to them. In case of conciliation, it is explained in detail in the report, which also includes the signatures of the parties, how the conciliation was reached. The conciliation bureau sends the investigation file, the report, and the written agreement, if any, to the public prosecutor.

Despite the rejection of the conciliation offer, the suspect and the victim or the person damaged by the crime may apply to the public prosecutor at the latest by the date the indictment is drafted with a document showing that they have reached an agreement and declare that they have conciliated.

If the public prosecutor determines that the conciliation is based on the free will of the parties and the performance is in accordance with the law, they seal and sign the report or document and keep it in the investigation file.

If the conciliation is inconclusive, conciliation cannot be resorted to again.

If the suspect performs their obligation at once as a result of the conciliation, a decision of non-prosecution is issued regarding them. If the performance of the obligation is left to a future date, tied to installments, or has a continuous nature, a decision of deferment of the filing of a public lawsuit is issued regarding the suspect without seeking the conditions in Article 171. The statute of limitations does not run during the deferment period. After the decision to defer the filing of a public lawsuit, if the requirements of the conciliation are not fulfilled, a public lawsuit is filed without seeking the conditions in the fourth paragraph of Article 171. If conciliation is achieved, no compensation lawsuit can be filed due to the crime subject to the investigation; the lawsuit already filed is deemed to have been waived. If the suspect does not fulfill their obligation, the conciliation report or document is considered among the documents having the nature of a writ as written in Article 38 of the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004.

Statements made during conciliation negotiations cannot be used as evidence in any investigation, prosecution, or lawsuit.

From the date the first conciliation offer is made to one of the suspect, victim, or person damaged by the crime, until the date the conciliation attempt remains inconclusive and at the latest, the date the conciliator prepares their report and gives it to the conciliation bureau, the statute of limitations for the lawsuit and the duration of the lawsuit, which is a condition for prosecution, do not run.

The conciliator is paid a fee according to the tariff determined by the Ministry of Justice. The conciliator fee and other conciliation expenses are considered among the trial expenses. In case of conciliation, these expenses are covered by the State Treasury.

Legal remedies foreseen in this Law regarding the decisions to be given as a result of conciliation may be resorted to.

A conciliation bureau is established within each Chief Public Prosecutor's Office, and a sufficient number of public prosecutors and personnel are assigned. Conciliators are assigned from the conciliator lists determined by the Ministry of Justice, which include lawyers or persons who have received legal education. The conciliator sends the report they prepared, the minutes, and the written agreement, if any, to the bureau. At the end of the conciliation process, the investigation files are concluded by the public prosecutors assigned to the conciliation bureau.

The qualifications, training, examination, duties and responsibilities, supervision of conciliators, the qualifications and supervision of the persons, institutions, and organizations that will provide training, and the conciliator registry, the regulation of the lists of conciliators and training institutions, the working procedures and principles of the conciliation bureaus established within the Chief Public Prosecutor's Office, the conciliation offer and negotiation procedure, the subjects to be included in the conciliation agreement and report, and other procedures and principles regarding practice are regulated by a regulation issued by the Ministry of Justice.

Conciliation by the court

If it is understood after a public lawsuit has been filed that the crime subject to the prosecution is within the scope of conciliation, the prosecution file is sent to the conciliation bureau for the conciliation procedures to be carried out according to the principles and procedures specified in Article 253.

In the event that a settlement is reached, if the defendant fulfills their obligation immediately as a result of the settlement, the court shall decide to dismiss the case. In cases where the fulfillment of the obligation is deferred, paid in installments, or is of a continuous nature, the court shall decide to defer the announcement of the verdict for the defendant, without requiring the conditions set forth in Article 231. The statute of limitations shall be suspended during the deferral period. If the requirements of the settlement are not fulfilled after the decision to defer the announcement of the verdict has been made, the court shall announce the verdict without requiring the conditions set forth in the eleventh paragraph of Article 231.

Settlement in cases where there are multiple perpetrators

In crimes committed by multiple persons, whether or not there is a relationship of complicity among them, only the person who reaches a settlement shall benefit from the settlement.