Ceza Muhakemesinde Soruşturma Evresinde Savunma

Abstract

The collaborative engagement of the prosecution, defense, and adjudicatory authorities is paramount in the criminal procedural process to ascertain the material truth. Safeguarding the rights of the suspect/defendant is imperative throughout this process. The criminal procedural activity commences with the investigatory stage. Upon the initiation of criminal procedural measures against the suspect, the right to defense of the suspect is activated. However, for the suspect to effectively exercise this right, they must be duly informed of the accusations against them. The suspect may opt to personally exercise their right to defense or benefit from the legal assistance of defense counsel. Should the suspect avail themselves of defense counsel assistance, it is referred to as the suspect's collective defense. The execution of collective defense does not preclude individual defense but rather complements the suspect's individual defense. In certain instances delineated in the Criminal Procedure Code, it is obligatory for the suspect to benefit from defense counsel assistance. Instances of violations of the right to defense, stemming at times from legislative regulations and at other times from unlawful practices, are observed in the utilization of the suspect's right to defense. This study scrutinizes prevalent violations of the right to defense in practice, endeavors to elucidate contentious issues, and proffers some prospective solutions.