CRIMINAL PROCEDURE SYSTEMS

1.Cooperation System: Refers to the system in which the Claim, Defense and Trial are in cooperation. Today, it is the system used by modern countries, including Turkish law. In this criminal trial system, the rights of the accused are at the forefront and the presumption of innocence has gained importance. The prosecution activity and the trial activity have been separated from each other and gained independence. The principle of ”There is no trial without a case” has been one of the most basic principles of the system. The trial was divided into two parts as Investigation and Prosecution, and these two parts presented different qualities. The investigation phase is confidential and written, while the Prosecution phase is oral and open.

2.Investigation System: In this system, it is considered the job of the state to initiate and conduct criminal investigations. Here, the public interest has been kept ahead of the individual interests. The judge performs the claim, defense and trial activities alone. Even without a request, he can Decisively decide on arrest, search and other criminal procedure procedures and conclude the case. A judge can collect evidence and establish a verdict like a prosecutor today.

In the investigation system, the main goal is to reach the material truth at all costs. As a natural result of this situation, torture has become commonplace in this system. Confession, that is, admission of guilt, is the most important evidence. The accused is almost an object without rights.

3.Accusation System: It is the first system introduced in Criminal Procedure. Since it starts with the request of the parties and continues, it is also referred to as “party reasoning”. In the indictment system, the judge is not actively involved in the dispute. What will move the judge is an accusation. The judge assumes the role of an arbitrator in the Accusation System and comes to a conclusion according to the claims and demands put forward.

4.The Famous Reasoning System (Handhaftprozess ): It is a criminal trial system that has found application in the recent times of the Middle Ages. In this system, some measures similar to confiscation could be taken by the victim of the crime. For example, the victim, the perpetrator, the weapon used in the crime, etc., the evidence tools such as the dress with blood stains on it, loaded on his back, hung around his neck or ignited in his hand could be brought before the judge with his hands tied.

5.Inquisition Reasoning System: The purpose of this criminal procedure system was to clarify a criminal incident on behalf of the public and punish the perpetrator in order to protect the public. The Inquisition System of Criminal Procedure has caused legal insecurity, turmoil, and even arbitrariness of institutions. In order for the accused person to be convicted, the admission of guilt was ensured by all kinds of means, including torture.

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