UYGULAMA VE YARGI İÇTİHATLARI IŞIĞINDA EMNİYET TEŞKİLATI PERSONELİ HAKKINDA CEZA SORUŞTURMASI

Civil servants are required to go through a special investigation procedure on grounds of erime s alleged to be committed by them. İt is required for the proteetion of executive independeney, secure execution of public services as well as maintenance ofwhite colour crimes as a fıeld ofexpertise. Such an implementaüon is carried out to render an ejfıcient and effective public service, and it is maintained with due regard to public interest. Such a private prosecution method, which has been implemented for över one century, is long lasting because it complies with our social fabric and executive understanding, although it raises some criticisms. 7fıe permit system has indeed been gradually repealed directly and indirectly över the years. When an examination is made on the situations voiding the permit system as well as on which laws assure such exceptions and their time, it is obvious that a erime remains outside the system due to Us nature and it is gradually realized. The annulments of Constitutional Court, the rulings of Supreme Court and Council of State, as well as the limitations under the law no: 4483 prove that the permit system has gradually been removed. Furthermore, it is welcomed that the correetive rules which are in compliance with the Rule of Law such as the limitation of the duration of objeetions and rulings, investigation, and implementation of legal procedures against the rulings with regard to "the prohibition of the investigation" by executive authorities with a new legislation.