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By Sezer Gokhan

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A petition has to be submitted to indicate the justification and the evidence based on which public prosecution must be initiated130. The Presiding Judge based on the review will decide either to refuse the petition or to approve it. If petition is refused the relevant decision will contain the justification for refusal. The person taking objection shall be sentenced to pay the pertinent costs. The file goes back to the Public Prosecutor who in turn notifies the person taking the objection and the suspect.

The Court may deem additional evidence is needed to be produced at the trial besides the evidence submitted already by the Public Prosecutor. The Presiding Judge orders production of such evidence. 3. The Presiding Judge decides the hearing date in line with the date of entry of the 140 TOROSLU-FEYZIOGLU, op cit pp 271-304 141 Art 175 (1),(2) TCCT 142 Art 176 (2) TCCT 143 KUNTER-YENİSEY-NUHOĞLU, op cit p 1180; ÇOLAK-TAŞKIN, op cit p 595 56 A Study on Turkish Criminal Trial System all the cases into the Court’s docket and by taking into consideration as to the time each would take to hear, he decides on the hour the hearing of the respective case shall commence144.

120 SECTION 2 THE CRIMINAL PROSECUTION (PUBLIC PROSECUTION or (CRIMINAL PROCEEDING or TRIAL) A. 1. Definition: The period which starts from the time the Court rules that the indictment is admissible until the time the judgment rendered by the Court becomes final and binding, constitutes the phase of criminal prosecution (criminal proceeding, trial)121. Following the completion of the Investigation, which is the first phase of procedure; the Criminal Prosecution constitutes the second part of the procedure.

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