Granting the Accused the Right to an Additional Defense

GRANTING THE ACCUSED THE RIGHT OF ADDİTİONAL DEFENSE

In criminal proceedings, there are stages of investigation (prosecution stage) and prosecution stage (criminal case). With the preparation of the indictment by the prosecutor’s office and with its acceptance by the court, the prosecution phase is started. The indictment prepared by the prosecutor’s office contains referral clauses requesting the defendant to be tried, and the trial begins with the acceptance of the indictment in terms of referral clauses.

After the indictment is prepared, new evidence may appear that will require changing the legal nature of the crime specified in the indictment or increasing the sentence or introducing a security measure October addition to the punishment.

The specified cases must appear for the first time at the criminal trial. October this case, the defendant has the right to an additional defense, and a conviction cannot be made against the defendant for any other crime other than the crime shown in the indictment, unless he gives an October defense.

Additional cases requiring the provision of October additional defense, the defendant is given additional time to prepare a defense.

The provision of an additional defense to the accused will be valid only if new evidence is additional against him. Because right of additional defense is a procedure for the benefit of the accused. In this case, additional right of defense is not granted if there is evidence in favor of the defendant at the prosecution stage, and these evidence that arise later are applied in such a way as to favor the defendant.

The main thing is the adherence of the court to the indictment. In accordance with the principle of publicization of the criminal case, the Public prosecutor prepares the indictment, and the prosecution begins with the adoption of this indictment. However, at the stage of prosecution, the judge is not bound by the indictment. The fact is that the court is obliged to conduct its investigation in accordance with the action taken in accordance with the principle of investigating material facts. At this stage, the legal nature of the crime specified in the indictment by the public prosecutor changed, or the punishment for this crime is the punishment for this crime should increase or the introduction of additional security measures become necessary if the first defendant should be given the right to additional defense. But if the new situation that has arisen has formed an independent crime or is in the form of the emergence of new crimes, an indictment should also be issued against them. According to the principle of “there will be no trial without a case”, the court cannot prosecute a crime independent of the crime regulated in the indictment. The Decoupling between the two cases is as follows: if the action remained the same at the stage of prosecution, but the nature of the alleged crime has changed, then in this case the defendant is given the right of October defense and the prosecution continues. However, if it becomes clear that an act other than the act in question has occurred during the prosecution and an independent crime will be committed that will be connected to it, a new indictment must be issued.

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