The Right To Defense In Addition To The Accused - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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The Right To Defense In Addition To The Accused

23 Dec The Right To Defense In Addition To The Accused

Posted at 14:54h in General by
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There are stages in the criminal trial phase (prosecution phase) and the phase of the prosecution (criminal case). Prosecutor’s office goes into prosecution with the portrait of the indictment and the adoption of the court. The indictment, prepared by the Prosecutor’s Office, states that the accused has been referred to, and the trial starts with the referral with the acceptance of the indictment.

After the indictment has been prepared, there are new evidences that require the change of the legal nature of the indictment guilt or the need to improve the punishment or a security measure in addition to punishment.

The stated cases should appear in the criminal proceedings for the first time. At the same time, the defendant’s right to an additional defense arises and, in the case of an additional defense, the indictment cannot be sentenced against the defendant for any other offense except the possible crime.

In case of waiting for extra, the defendant shall be given additional time to prepare the defense.

The defendant will be valid at the time of further evidence against the defense. Because the right to additional defense is a process for the benefit of the defendant. In this case, when there is evidence in favor of the defendant during the prosecution phase, no additional defense rights shall be given, and then the proceedings shall proceed in favor of the accused.

The rule is the court’s commitment to the indictment. In accordance with the principle of the public prosecution of the criminal proceedings, the public prosecutor prepares the indictment and the prosecution begins with the adoption of this indictment. However, the judge during the prosecution phase is not bound by the indictment. Namely; the court is obliged to conduct research according to the action committed in accordance with the principle of research. In this stage, the public prosecutor’s indictment prepared the legal features of the crime of planning crime, or increased the penalty for this crime in the room there was an additional security measures to be punished. However, before the emergence of the new situation has created an independent crime or the emergence of new crimes in the form of the indictment is prepared here. The court cannot prosecute a crime independent of the crime regulated in the indictment under the principle of tan no trial kov. The distinction between the two situations is as follows: At the time of the prosecution, the action but also if the character of the offense has changed in the meantime, the defendant will continue to prosecute if he has the right to additional defense. However, if the prosecution plan is found to have arrived at a place other than the one in question, and an independent offense will be created to be linked to it, a new indictment should be arranged.

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