Introduction

The Criminal Procedure Code is a law that regulates the operation of judicial processes after a crime has been committed. These steps include the collection of evidence, the arrest of the accused, and the prosecution.

Investigation

An investigation is the process of investigating the material facts of a case to determine whether or not to file a public lawsuit, upon receiving a report or other information that a crime has been committed. The investigation is conducted by the prosecutor, and the law enforcement agencies assist the prosecutor.

Stages of the Investigation Process

The investigation process generally consists of the following stages:

1. Initiation: The investigation begins with the filing of a report of a crime or the authorities otherwise learning of the commission of a crime.

2. Information Gathering: The prosecutor begins to gather information about the incident. In this context, the prosecutor may request information and documents from the law enforcement agencies, summon eyewitnesses or order their arrest, seize crime tools and proceeds, and collect and examine any necessary evidence.

3. Detention and Interrogation: If necessary, the prosecutor may have the suspect detained, interrogate the suspect, and take a statement. The suspect is entitled to the right to have an attorney present during interrogation.

4. Judicial Control Measures and Arrest: The prosecutor may request the application of arrest and other judicial control measures from the criminal court of peace if necessary and if the legal conditions are met.

5. Collection of Evidence: The prosecutor collects the evidence necessary for the case, examines it or has it examined. The complainant, if any, also has the right to submit any evidence in their possession to the file.

6. Obtaining Expert Opinion: If necessary, the prosecutor may obtain an opinion from expert witnesses on the incident.

7. Termination of the Investigation: After evaluating the evidence collected in the investigation, if the prosecutor determines that there is sufficient suspicion that the crime has been committed, they prepare an indictment and submit it to the relevant court. If the prosecutor determines, after evaluating the evidence collected in the investigation, that there is not sufficient suspicion that the crime has been committed or that there is no possibility of prosecution, they decide that there are no grounds for prosecution.

8. Notification of the Decision and Appeal: The prosecutor notifies the suspect, defense counsel and the victim of their decision. The prosecutor's decision not to prosecute may be appealed. The criminal court of peace rules on the appeal.

9. Acceptance of the Indictment: If the indictment is accepted by the court, the investigation phase ends and the prosecution phase, i.e., the criminal trial phase, begins.

These stages are the general steps followed in the investigation phase, and with the exception of the initiation and decision stages, the other stages can be applied without following a sequence and without being subject to a sequence, as deemed necessary by the prosecution.

Conclusion

The investigation process is an important step in determining whether or not to file a public lawsuit. At this stage, the prosecutor takes all necessary steps to investigate the material facts and collect evidence.