In criminal proceedings, there are stages of investigation (prosecution stage) and prosecution stage (criminal case). With the preparation of the indictment by the prosecutor’s office and its acceptance by the court, the prosecution phase begins. In the indictment prepared by the Prosecutor’s Office, there are referral items requested for the trial of the accused, and the trial starts with the acceptance of the indictment in terms of referral items.
After the indictment is prepared, new evidence may emerge that will require a change in the legal nature of the crime stated in the indictment or an increase in the penalty or the introduction of security measures in addition to the penalty.
The stated circumstances must first appear in criminal proceedings. In this case, the defendant’s right of additional defense arises and unless he gives an additional defense, a conviction cannot be given against the accused for a crime other than the crime shown in the indictment.
In cases where additional defense is required, additional time is given to the accused to prepare a defense.
Giving an additional defense to the accused will only be valid if new evidence emerges against him. Because the right of additional defense is a procedure for the benefit of the accused. In this case, if there is evidence in favor of the accused at the prosecution stage, no additional right of defense is given, and these later evidences are applied in favor of the accused.
The rule is the court’s commitment to the indictment. In accordance with the principle of the publicity of the criminal case, the public prosecutor prepares the indictment and the prosecution begins with the acceptance of this indictment. However, at the prosecution stage, the judge is not bound by the indictment. Namely; The court is obliged to conduct its investigation according to the act committed in accordance with the principle of seeking the material truth. At this stage, if there are cases where the legal nature of the crime determined in the indictment prepared by the Public Prosecutor has changed or the penalty for this crime should be increased or an additional security measure should be introduced for this crime, first of all, the accused should be given the right of additional defense. However, if the new situation created an independent crime or in the form of the emergence of new crimes, a separate indictment should be drawn up about them. In accordance with the principle of “no trial without a lawsuit”, the court cannot prosecute a crime independent of the crime set out in the indictment. The distinction between the two situations is as follows: If the action remained the same during the prosecution phase but the nature of the alleged crime has changed, then the prosecution is continued by giving the accused an additional right of defense. However, if it is understood that an action other than the said action occurred during the prosecution and an independent crime to be connected to it will occur, a new indictment should be drawn up.
