Ceza Muhakemesinde Adli Kolluk ve Soruşturmadaki Rolü

Abstract

One of the core duties of the state is to ensure the public order. In order to perform this duty, law enforcement is the most important tool of the state. Law enforcement is responsible for preventing crimes in order to ensure the public order. The law enforcement unit which performs this duty is called “judicial law enforcement”. If a crime could not be prevented and it is committed, this time it is required to clarify the crime committed, to gather the evidence, to find the perpetrators of the crime, and to deliver them to the judicial authorities. Yet this case is necessary in terms of ensuring the public order and to secure the justice.

The specialist law enforcement personnel who has the technical knowledge and is capable of making an evidence research to deliver to the judicial authorities and have the capability of solving the crime, is called "judicial law enforcement". In the criminal procedure system of our country, the time between the learning of criminal suspicion and the admission of indictment by the competent authorities, is called investigation. Investigation is a very important phase of reasoning. In case of that the provision to be given at the end of the prosecution phase is fair and legal depends on a well-made investigation and the evidence to be revealed as a result of this investigation. The public prosecutor is the legal expert and executive of the investigation phase, while the judicial law enforcement is the deputy public prosecutor. The two most important subjects of the investigation phase which have a vital place in the criminal procedure system are public prosecutor and the judicial law enforcement. Despite the fact that the Public prosecutor is the executive of the investigation phase, judicial law enforcement is like the hand of the public prosecutor in the field, and many processes in the application is performed by the judicial law enforcement within the supervision of the public prosecutor. Therefore, the role of the judicial law enforcement in the investigation is very important. In this study, the structuring of the judicial law enforcement in our country, duties and powers of the judicial law enforcement in the investigation and the effective investigation obligation and the inspection of the judicial law enforcement will be discussed.