Memurin Muhakematı Hakkında Kanun

Abstract

ABSTRACT A fundamental rule in Turkish Criminal Code, that if there is an offense to be punished, the Republican Advocate must inter alia deal with it. The Procedural Law rules about his actions are set out in Criminal Procedural Code. There are certain exceptions that the advocate would not act without some procedure to be fulfilled. The proceeding in punishment of governmental officers is one and the most important of those exceptions, which is provided by the Law on Judgement of Governmental Officers. The Law on Judgement of Governmental Officers, dated 24th February 1913, is still in effect for that purpose. Sometimes it has been argued that the named laws is inconsistent with the Turkish Constitutional Law. However the Constitutional Court has always rejected such claims and appeals. Afterwards, our Constitution dated 1982 has a rule accepting special criminal procedure for the governmental officers and agencies. In a number of cases, the court has usually decided that the officers may be treated as guilty and public works do not allow such claims in order to be continued effectively. If all the claims will be treated as important it would result in such serious results that public works does not allow because of their characters. In this thesis, as first chapter, I dealt with historical background of courts proceedings against the officers. Also the meaning of officer-governmental agency, the crimes in relation to officers have been dealt with in first chapter. As the second chapter the judgements and court proceedings against the officers have been searched and some determination were reached. As the third and last chapter, it has been dealt with criminal investigation processes and bases in Turkish Criminal Law.