By Sezer Gokhan
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Extra resources for A Study on Turkish Criminal Trial System
129 6. Objection taken to Decision Not to Prosecute (“nollo prosequi”): The person, who suffered damage because of the offense, can take objection to the decision not to prosecute within fifteen days as of the date of notification of the subject decision to him/her. The competent authority is the presiding Judge of the Heavy criminal Court nearest to the area of jurisdiction of the Heavy Criminal Court where the Public Prosecutor is who rendered the subject decision has his post. A petition has to be submitted to indicate the justification and the evidence based on which public prosecution must be initiated130.
Turkey is divided into eightyone provinces. Provinces are divided into counties (kaza); and counties into townships. Baskı, Ankara 1986 60 Art 9/6, Law No 5235 61 Arts 9,& 10, Law No 5235 62 Art 9/2 Law No. 5235 38 A Study on Turkish Criminal Trial System B. Basic Criminal Court (Criminal Court of First Instance) (Asliye Ceza Mahkemesi) Basic criminal court is a one-Judge trial court64. Public Prosecutor also attends the trial. 65 C. Heavy Criminal Court (Ağır Ceza Mahkemesi) Heavy Criminal Courts are combined courts.
Dereliction of the Appointed Counsel88 The defense counsel, as a rule cannot abuse his/her duty. 89 Public Prosecutor shall demand before the Court for the appointed defense counsel to be barred from acting in his/her capacity to defend the accused. The Court renders decision promptly. Exception can be taken against the decision to bar the attorney to act as defense counsel. In accordance with the Court decision the attorney can be barred for one year from performing his/her duty as defense counsel limited to the offense which is the subject of the pending prosecution.
A Study on Turkish Criminal Trial System by Sezer Gokhan