Limitation of Power of the Counsel to Review the File in the Criminal Procedure: Law No. 6572 And It’s Consequences

Abstract

The Article No. 153 of the Law of Criminal Procedure, which regulates the power of the counsel to examine the file, has been amended by the Law No. 6572, the Article No. 44, dated 02.12.2014. According to the amendment, if the power of the counsel to examine the content of the file or taking copies of the documents jeopardizes the purpose of the investigation, it can be limited by the judge upon request of the prosecutor. However, limiting the power of the counsel to examine the investigation file is against the European Convention on Human Rights and the Constitution. Indeed, the European Convention on Human Rights gives a ruling of violation of right in cases where it determines such a limitation of power. The power of the counsel to examine the content of the file is the sine qua non of a fair trial. It also serves the purpose of revealing the truth. In this study, we will try to examine the effect of the amendment made with the Article 44 of the Law No. 6572 about power of the counsel to examine the file on the fair trial principle.