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The General Prosecution Office of the Supreme Court of Appeal is mandated to conduct investigations on high level public officers, prepare indictments, decide whether or not to prosecute, represent the prosecution at hearings, and resort to legal remedies.

1- Task of Investigation

The General Prosecution Office of the Supreme Court of Appeal conducts the investigation of offences in official capacity by the Secretary-General of the President of the Republic, Secretary-General of the Turkish Grand National Assembly, undersecretaries and governors (pursuant to Article 12/1 of the Law No. 4483 on Trial of Civil Servants and Other Public Officials) and by the Chief Ombudsman and Ombudsmen (pursuant to Article 31/2 of the Law No. 6328 on Ombudsman Institution).

The General Prosecution Office of the Supreme Court of Appeal is also mandated to conduct the investigation of offences in official capacity by governors (pursuant to by Article 173 and 174 of the Law No. 298 on Basic Provisions on Elections and Voter Registers).

The General Prosecution Office of the Supreme Court of Appeal finalizes the case transmitted with a summary of proceedings as a result of investigation on general provisions in case of personal offences within the jurisdiction of heavy penal courts by the First President, deputy first presidents, chamber presidents, chamber members, General Prosecutor, or Deputy General Prosecutor of the Supreme Court of Appeal (pursuant to Article 46/6 of the Law No. 2797 on Supreme Court of Appeal).

The General Prosecution Office of the Supreme Court of Appeal finalizes the case transmitted with a summary of proceedings as a result of investigation on general provisions in case of personal offences within the jurisdiction of heavy penal courts by the President, Chief Prosecutor, deputy presidents, chamber presidents, chamber members of the Council of State (pursuant to the reference in Article 82/1 of the Law No.2575 on Council of State to the Law No. 2797 on Supreme Court of Appeal).

The General Prosecution Office of the Supreme Court of Appeal finalizes the case transmitted with a summary of proceedings as a result of investigation on general provisions in case of offences in official capacity or personal offences falling in the remit of heavy penal courts by the elected members of the Council of Judges and Prosecutors (pursuant to Article 38/9 of the Law No. 6087 of on Council of Judges and Prosecutors).

The General Prosecution Office of the Supreme Court of Appeal conducts the investigation on the Undersecretary of National Intelligence Organization (pursuant to Article 2674 of the Law No. 2937 of on State Intelligence Services and National Intelligence Organization).

2- Task of Preparing Indictments

The General Prosecution Office of the Supreme Court of Appeal is mandated to prepare indictments for offences in official capacity and personal offences by the elected members of the Council of Judges and Prosecutors and the Undersecretary of the Ministry of Justice who is a natural member of the Council (pursuat to the Law No. 4483 on Trial of Civil Servants and Other Public Officials, Article 46 of the Law No. 2797 on Supreme Court of Appeal, Law No. 6328 on Ombudsman Institution, Law No. 298 on Basic Principles on Elections and Voter Registers, Articles 38 and 39 of the Law No. 6087 on Council of Judges and Prosecutors)

3- Task of Representing the Prosecution Authority at the Constitutional Court and Relevant Criminal Chamber of the Supreme Court of Appeal

When the Constitutional Court acts as “Supreme Court” for proceedings concerning high level public officers such as;

- The President of the Republic of Turkey,

- The President of the Turkish Grand National Assembly,

- The members of the Council of Ministers,

- Presidents and members of the Constitutional Court, Supreme Court of Appeal, Council of State, Council of Judges and Prosecutors, Court of Accounts, General Prosecutors and Deputy General Prosecutors,

 - Chief of General Staff,

- The Commanders of the Land, Naval and Air Forces and the General Commander of the Gendarmerie,

 the General Prosecution Office of the Supreme Court of Appeal represents the prosecuting authority at hearings (Article 148 of the Constitution). 

The General Prosecution Office of the Supreme Court of Appeal is mandated to represent the prosecution authority at the hearing of the relevant Criminal Chamber of the Supreme Court of Appeal regarding;

  • The First President, deputy first presidents, chamber presidents, chamber members, General Prosecutor, Deputy General Prosecutors of the Supreme Court of Appeal (pursuant to Articles 27 and 46 of the Law No. 2797 on Supreme Court of Appeal);
  • The President, Chief Prosecutor, deputy presidents, chamber presidents, chamber members of the Council of State (pursuant to Article 82 of the Law No.2575 on Council of State);
  • Members of the Council of Judges and Prosecutors (pursuant to Article 38 of the Law No. 6087 of on  Council of Judges and Prosecutors);
  • Judges and prosecutors (pursuant to Article 90 of the Law No. 2802 on Judges and Prosecutors);
  • The Undersecretary of the National Intelligence Organization (pursuant to Article 26 of the Law No. 2937 of on State Intelligence Services and National Intelligence Organization, Article 13 of the Law No. 4483, Article 174 of the Law No. 298, Article 31/2 of the Law No. 6328)

4- Resorting to Legal Remedy

The General Prosecution Office of the Supreme Court of Appeal is mandated to resort to legal remedy of appeal against the decisions made by Criminal Chambers of the Supreme Court of Appeal as first instance court, and prepare the legal opinion where such decisions are appealed by the General Prosecution Office of the Supreme Court of Appeal or the parties to the case.