The court, the preliminary hearing in the case and invite the parties to the conditions of the first objections to the preliminary examination examines exactly determines the issues in dispute, the parties present their evidence and the preparation process required for the gathering of evidence on the parties in cases where you can save freely, and encourages them peace, and this report reviews the issues.

The investigation cannot be carried out until the preliminary examination has been completed and the necessary decisions have been made (HMK.m.137).

It is accepted by the General Assembly of law that it is not possible to proceed to a preliminary examination hearing and to an investigation hearing without the necessary procedures to be done at the hearing, and that this regulation is of an ordered nature (HGK. 13.03.2013, 2012/14-802 basis, 2013/347 decision).

In the face of this situation, the defendant’s right to legal rest (HMK m.27) the pre-examination in a way that restricts the right of defense within the scope of the trial without informing the branch on the day of the trial, after the pre-examination phase is completed in the absence of the trial phase to proceed to the investigation phase and the establishment of the sentence is against the procedure and the law and

In an exemplary case:

The case was substituted on 17.02.2014, the defendant did not respond to the case. Although it was decided to make the preliminary examination with a hearing, it was decided to proceed to the preliminary examination stage in the preliminary examination hearing where the defendant did not participate without notification to the defendant on the day of the preliminary examination hearing.

In the face of this situation, the defendant’s right to legal rest (HMK m.27) the pre-examination in a way that restricts the right of defense within the scope of the trial without informing the branch on the day of the trial, after the pre-examination phase has been completed in his absence, the trial is continued and the establishment of the sentence is against the procedure and the law and it is necessary to break it.