CROSS-EXAMINATION IN TURKISH CRIMINAL PROCEDURE LAW

This article examines the subject of cross-examination in Turkish Criminal Procedure – the weak points, practice, and the efforts of the legislation during the harmonization process of Turkish law with that of the European Union. It is an important improvement for the Turkish criminal procedure system which accepts the Continental system as a basis, to distinguish a new process which looks like the cross-examination process in the Anglo-American system. Although it has brought useful opportunities for the parties (especially for the defense counsel) in trials, it has also introduced new problems to the practice. This article will explain the problems after explaining the characteristics of the regulation. The Turkish Criminal Procedure Act defines the process in Article 201 under the title of “Asking Questions Directly.” This characterization does not mean ‘direct examination’ as in the meaning of Anglo-American system. These subjects are going to be discussed in the article by comparing the previous and the current Turkish Criminal Procedure Acts and comparative law.