Presentation on theme: "Criminal Justice System in Turkey"— Presentation transcript:
1 Criminal Justice System in Turkey Mustafa Ünal ERTEN
2 Farthest Asian, Closest European country to Indonesia
3 Overview History and Bonds Turkey at a Glance Law System in General Law and Order ResponsibilityLaw Enforcement AgenciesLegal ProfessionThe Functioning of Legal System in Turkey
4 History and Bonds“Turkey and Indonesia have always been great friends.Relations actually date to centuries before the modern international system. It is known that the court of Sultan Suleiman the Magnificent had developed a relationship with the Indonesian sultanate( ), which is now the Indonesian province of Aceh, a deep relationship that covered the politico-security, economic and socio-cultural fields.The Republic of Turkey was proclaimed in 1923, and the Republic of Indonesia proclaimed independence in 1945.”*I would like to start my presentation with a quotation from the President of Indonesia. H.E. Yudhoyono recently delivered a speech at the Turkish Grand Assembly on 29th of June 2010.* Edited version of a speech delivered by the president of Indonesia, H.E. DR. H. Susilo Bambang Yudhoyono, at the Turkish Parliament on June 29, 2010.
5 Turkey at a Glance"Republic of Turkey" is the successor state of the Ottoman Empire.The republic was officially proclaimed on October 29, 1923.The population of Turkey is over 72.5 millionTurkey is a parliamentary representative democracy.
6 Law System Turkey followed on the continental law system. The main source of law is the legislative statutes. Legislative statutes include;-the constitution,-codes and laws,-international agreements,-decree-laws, regulations, by-laws, circulars.Other sources of law; -precedents -doctrine -customs and -general principles of law.
7 Law SystemThe Civil Code, modeled on the Swiss Civil Code of 1912 went into effect in 1926.The Penal Code, modeled on the Italian Penal Code of 1899 went into effect in 1926.The Civil Procedural Law of 1927 modeled of the Swiss Law of 1925.The Penal Procedural Law of 1929 modeled on the German Law of 1877.After the foundation of the Republic of Turkey on 29th of October 1923;
8 Separation of PowersThe sovereignty is based on the separation of powers in Turkey.The sovereignty belongs only to the nation and shall be exercised by the authorized organs. As,the legislative power is exercised by the Grand National Assembly of Turkey,the executive power is exercised by the State President and the Government,the judicial power is practiced by the independent courts.As it is common in western democracies, the sovereignty is based on the separation of powers in Turkey.The sovereignty belongs only to the nation and shall be exercised by the authorized organs (Art 6). Such as,The head of state is the President of the Republic and has a largely ceremonial role.Executive power is exercised by the Prime Minister and the Council of Ministers which make up the government, while the legislative power is vested in the parliament, the Grand National Assembly of Turkey.The judiciary is independent of the executive and the legislature, and the Constitutional Court is charged with ruling on the conformity of laws and decrees with the constitution.Constitution: November 7, Amended in 1987, 1995, 2001, 2007 and we recently had a refefandum for the amendement of the Constitution in 12th of September 2010.
9 Law and Order Responsibility Matters relating to the maintenance of law and order, including policing, national security, and immigration matters are the responsibility of Ministry of Interior.The administration of justice are the responsibility of Ministry of Justice.
10 PoliceThe police force is the main responsible instituiton for law enforcement in citiesThe high command of the Turkish Police, situated in Ankara (the capital city), is called the General Directorate of Security. Every district also hosts a District Directorate (81 Districts) .The organization has a centralized hierarchy.The police force is responsible for law enforcement in cities and some exceptional locations, such as airports, which they protect with the help of the customs office .The Turkish Police also play a big part in important intelligence and counter-terrorist operations.The high command of the Turkish Police, situated in Ankara (the capital city), is called the General Directorate of Security. Every district also hosts a District Directorate (81 Districts) .The organization has a centralized hierarchy.In Turkey, Police officers wear navy-blue uniforms and caps. Patrol cars can be identified using the unique blue-white design and the writing “Polis” on the side doors and hood.
11 Gendarmerie Military forces of law enforcement in Turkey. Assume duties under the Minister of Interior.Their area of jurisdiction is outside city centres.The Gendarmerie are military forces of law enforcement. They are trained and supplied by the army but they assume duties under the Minister of Interior.Their organization and duties are quite similar to those of the French Gendarmerie, or Italian Carabinieri.Their area of jurisdiction is outside city centers.The Gendarmerie Command is based in Ankara.
12 Coast GuardResponsible for controlling the coasts and fighting smuggling.During peace time, it is under the command of the Ministry of Interior.During emergency and war time it falls under the command of the Turkish Navy.The Coast Guard is responsible for controlling the coasts and fighting smuggling.During peace time, it is under the command of the Turkish Interior Ministry. However, during emergency and war time it falls under the command of the Turkish Navy.
13 A short Summary Ministry of Interior Police Gendarmerie Coast Guard The Ministry of Interior is responsible for the maintenance of internal security as well as the protection of the public order in Turkey, and fulfils these functions through the Directorate General of Turkish National Police which is responsible for the urban areas (municipal boundaries of towns and cities), General Command of Gendarmerie which is responsible for the rural areas and the Coast Guard Command which is responsible for the coasts of the country.PoliceGendarmerieCoast Guard
14 The legal professionHaving graduated from a law faculty at a university people can becomeattorney-at-law, barrister (avukat),Judge (hâkim or yargıç ),Prosecutor (savcı ) ornotary or public notary (noter ) after terms of internship specified in separate laws.The basics of the legal system in the Republic of Turkey are laid out in Articles 138 to 160 of the 1982 Constitution. Civilian and military jurisdiction is separated. While military courts usually only try military personnel they can also try civilians in times of martial law.
15 Judges The Turkish court system does not include the concept of jury. Verdicts are reached by judges or a panel of judges.criminal judge (wears a red collar) serves in Penal Courtscivil judge (wears a green collar) serves in civil courts of first instance or at civil courts of peaceadministrative judge (wears a light brown collar) serves in administrative courtsThe Turkish court system does not include the concept of jury. Verdicts are reached by judges or a panel of judges, who have to base their verdicts on the law and their conviction. A judge is can be one of the following:criminal judge (wears a red collar),civil judge (wears a green collar),administrative judge (wears a light brown collar).The first judge is serving at a penal court. These courts are separated into:assize court (ağır ceza),penal court of first instance (asliye ceza), andpenal court of peace (sulh ceza).The second kind of judge serves at civil courts of first instance or at civil courts of peace (sulh or asliye hukuk mahkemeleri), whilethe last serves in administrative courts (idari mahkemeler)
16 ProsecutorsAll offences are prosecuted in the name of the People, by public prosecutors who are virtually representatives of the executive branch of Government within judiciary. (Articles 147, 148 of Turkish Code of Criminal Procedure.)Police and other LEA’s are under the Public Prosecutor authority with respect to their judicial functions.Public charges are brought by prosecutors (savcı). Their full title is Prosecutor of the Republic (Cumhuriyet savcısı) and they have a chief office of prosecution (Cumhuriyet Başsavcılığı).Prosecutors are also divided into branches regarding their area in laws, similar to that of the judges.The Supreme Council of Judges and Public Prosecutors deals with administrative matters concerning judges of the Administrative and Judicial Courts and Public Prosecutors who are not members of the Court of Cassation or the Council of State.There are three basic aspects in the Criminal Procedures Law. These are the Judicial Authority, Prosecution and Defense Authorities. The Judicial Authority (Court) is impartial and independent. It cannot act prejudgmentally in favor or against any one of the Parties according to the previously obtained information. The Court renders its judgment based on information obtained as the result of discussions by the Parties orally on their legally obtained information at the trial session, in compliance with the principle of contradiction and discrepancy:The Prosecution (Plaintiff) is a party. The prosecution acts both on behalf of the public (suffered damage indirectly due to the offense) and on behalf of the victim (suffered damage directly from the offense). Defense Counsel (Defendant) Side however stands against the Prosecution Side and defends himself/herself against charges being indicted to the effect that he/she is not guilty.
17 Summary History and Bonds Turkey at a Glance Law System in General Law and Order ResponsibilityLaw Enforcement AgenciesLegal ProfessionThe Functioning of Legal System in Turkey
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