Investigaton Of High Level Public Officers


The General Prosecution Office of the Supreme Court of Appeal is competent 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 Prosecutor of the Supreme Court of Appeal conducts the investigation of offences against the Director of National Intelligence Organization (pursuant to the fourth paragraph of Article 26 of the Law No. 2937 of on State Intelligence Services and National Intelligence Organization), investigations against the Chief of General Staff and the Commanders of the Land, Naval and Air Forces in military crimes (pursuant to the Additional Article 16 of the Military Penal Code No. 1632) and, investigations of offences in official capacity by the Chief Ombudsman and Ombudsmen for crimes committed due to their duties (pursuant to Article 31/2 of the Law No. 6328 on Ombudsman Institution).
The General Prosecutor or the Deputy General Prosecutor of the Supreme Court of Appeal conducts the investigation of offences in official capacity by the Head of the Administrative Affairs of the Presidency of the Republic, Secretary-General of the Turkish Grand National Assembly, deputy ministers and governors (pursuant to Article 12/1 of the Law No. 4483 on Trial of Civil Servants and Other Public Officials) and the investigation of military crimes by generals and admirals (pursuant to Additional Article 15 of Law No. 1632).
The General Prosecutor or the Deputy General Prosecutor of the Supreme Court of Appeal is also competent to conduct the investigation of governors’ offences committed in their official capacities (pursuant to by Article 173 and 174 of the Law No. 298 on Basic Provisions on Elections and Voter Registers). General Prosecutor can assign this investigation to the prosecutors at the General Prosecution Office of the 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 in flagrante delicto within the jurisdiction of heavy penal courts regarding 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 in flagrante delicto within the jurisdiction of heavy penal courts regarding 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).

 

2- Task of Preparing Indictments

The General Prosecution Office of the Supreme Court of Appeal is competent to prepare indictments for offences in official capacity and personal offences committed by those stated in the Law No. 4483, Law No. 298, Article 46 of the Law No. 2797, Articles 38 and 39 of the Law No. 6087.

 

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 Türkiye, the Speaker of the Turkish Grand National Assembly, Vice Presidents of the Republic of Türkiye, 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 of the Supreme Court of Appeal and the Council of State, Chief of General Staff, the Commanders of the Land, Naval and Air Forces;  the General Prosecutor or the Deputy General Prosecutor of the Supreme Court of Appeal represents the prosecution authority at the hearings of the Constitutional Court (pursuant to Article 148 of the Constitution). 
The General Prosecution Office of the Supreme Court of Appeal is competent 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 Prosecutor 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);
•    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 Director of the National Intelligence Organization (pursuant to Article 26 of the Law No. 2937 of on State Intelligence Services and National Intelligence Organization);
•    Public officials stated in Article 13 of the Law No. 4483, Article 174 of the Law No. 298, and Article 31/2 of the Law No. 6328.

 

4- Process on Resorting to Legal Remedy

The General Prosecution Office of the Supreme Court of Appeal is competent 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.