Is Every Hearing Open to the Public – What is a Closed Hearing

Hearings in the courts are open to everyone. Public openness is a Constitutional principle. The principle of openness allows both everyone to be present in the courtroom as a listener as much as possible under physical conditions, and that people present in the courtroom can explain what they have seen and heard outside the hearing. The fact that the hearing is open to everyone and the possibility of the hearing being made public ensures that the decisions made are respected. In addition, this principle allows the judge to act more prudently.

The court may decide whether the hearing should be closed on the grounds of general morality or public safety. The decision to remove the opening is made at a closed hearing upon request or if it is officially deemed appropriate by the court. However, with a reasoned decision to hold a closed hearing, the verdict will necessarily be announced at an open hearing. However, in some cases, it is mandatory that the hearing be held indoors. Hearings of defendants who have not reached the age of eighteen are held in a closed manner, and the verdict is announced at a closed hearing. The content of closed hearings cannot be published by any means of communication. (Code of Criminal Procedure (CMK) 187/2)

Although the hearing is being held in public, it is also possible that a ban on the publication of its content will be imposed. If the content of an open hearing affects national security or general morality, or the dignity, honor and rights of people, or is of a nature that provokes a crime, the court prohibits the publication of the content of the hearing in part or in full in order to prevent them, and explains its decision at an open hearing.

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