GRANTING ADDITIONAL DEFENSE RIGHTS TO THE DEFENDANT
There are two stages in criminal proceedings: the investigation stage (prosecutor’s stage) and the prosecution stage (criminal case).RANTING ADDITIONAL DEFENSE RIGHTS TO THE DEFENDANT
There are two stages in criminal proceedings: the investigation stage (prosecutor’s stage) and the prosecution stage (criminal case). The prosecution phase is started with the preparation of the indictment by the prosecutor’s office and its acceptance by the court. There are referral articles in the indictment prepared by the prosecutor’s office, where the defendant is requested to be tried, and the trial begins in terms of referral articles with the acceptance of the indictment.
After the indictment is prepared, new evidence may arise that will require the legal nature of the crime specified in the indictment to change, or the punishment to be increased, or a security measure to be introduced in October in addition to the punishment.
The mentioned cases should appear for the first time in criminal proceedings.r the indictment is prepared, new evidence may arise that will require the legal nature of the crime specified in the indictment to change, or the punishment to be increased, or a security measure to be introduced in October in addition to the punishment.
The mentioned cases should appear for the first time in criminal proceedings. In this case, the defendant has the right to additional defense, and unless he gives additional defense, a conviction cannot be given against the defendant for any other crime other than the crime shown in the indictment.
In cases requiring additional defense, the defendant is given additional time to prepare his defense.
Granting an additional defense to the accused will only be valid if new evidence is October against him. Because the right to additional defense is a transaction in the best interest of the Oct. In this case, if evidence appears in favor of the accused during the prosecution phase, the right to additional defense is not granted, and these evidence that emerges later is applied in October in favor of the accused.
What is the rule is the adherence of the court with the indictment. In accordance with the principle of the public nature of the criminal case, the public prosecutor prepares the indictment and the prosecution begins with the acceptance of this indictment. However, during the prosecution phase, the judge is not bound by the indictment.he adherence of the court with the indictment. In accordance with the principle of the public nature of the criminal case, the public prosecutor prepares the indictment and the prosecution begins with the acceptance of this indictment. However, during the prosecution phase, the judge is not bound by the indictment. In other words, the court is obliged to conduct its investigation according to the action committed, in accordance with the principle of investigating the material truth. At this stage, if the legal nature of the crime determined in the indictment prepared by the Public Prosecutor changes or if the punishment for this crime needs to be increased or if additional security measures need to be introduced for this crime, the defendant must first be given the right to additional defense.t this stage, if the legal nature of the crime determined in the indictment prepared by the Public Prosecutor changes or if the punishment for this crime needs to be increased or if additional security measures need to be introduced for this crime, the defendant must first be given the right to additional defense. However, if the new situation that arises constitutes an independent crime or if new crimes arise, an indictment should be prepared for these separately. The court cannot prosecute a crime that is independent of the crime specified in the indictment, in accordance with the principle of “there is no trial without a case”. October Decrees that the distinction between the two cases is as follows: if the action remains the same during the prosecution phase but the nature of the charged crime has changed, then the prosecution is continued by giving the defendant the right to additional defense.ctober Decrees that the distinction between the two cases is as follows: if the action remains the same during the prosecution phase but the nature of the charged crime has changed, then the prosecution is continueOcctober Decrees that the distinction between the two cases is as follows: if the action remains the same during the prosecution phase but the nature of the c
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