Hâkimler ve Savcılar Hakkında Ceza Soruşturması ve Kovuşturması Usulleri

Abstract

The judiciary, comprising individuals recognized for their independence and impartiality as mandated by the Constitution, enjoys the assurance of judicial tenure, a principle that transcends any distinction between judges and prosecutors owing to the nature of their judicial functions. It is imperative to underscore that this endowed status conferred upon members of the judiciary should not be misconstrued as a form of privilege but rather as a mechanism designed to cultivate and perpetuate societal trust in the judiciary by facilitating the unfettered and principled discharge of judicial duties. Consequently, akin to other members of society, judges and prosecutors are subject to the imperative of accountability for any transgressions or lapses in their conduct or decisions. Paradoxically, the concept of accountability, ostensibly antithetical to judicial independence, paradoxically serves as a bulwark for safeguarding and fortifying judicial independence. This application of protective measures often navigates a precarious "grey zone" for practitioners, potentially leading to errors in execution. Hence, it is imperative to address and clarify the ambiguities surrounding this aspect to ensure the proper administration of justice and the preservation of individual rights and freedoms. In our scholarly inquiry, meticulous attention has been devoted to navigating the intricacies of procedural and legislative frameworks delineated across various legal statutes. Additionally, we have undertaken a rigorous comparative and critical examination of pertinent jurisprudential doctrines and judicial precedents. Through this approach, we have endeavored to elucidate the intricacies inherent in the processes of criminal investigation and prosecution concerning judges and prosecutors. Leveraging insights from international and comparative legal paradigms, we have sought to provide nuanced analysis and offer informed recommendations aimed at addressing deficiencies and rectifying inaccuracies observed within practical contexts.