Paylaş: Legal Proceedings for Absent Defendants in Turkish Law
Definition and Process for Absent Defendants
According to Turkish Criminal Procedure, an absent defendant is one whose whereabouts are unknown or who is abroad and cannot be brought to court. In such cases, the court undertakes measures to preserve evidence, often through an assigned judge or delegated court.
Notification to the Absent Defendant
An absent defendant is notified through appropriate communication channels to appear in court or to provide their current address. This step is essential to uphold the defendant’s right to defense.
Guarantee Certificate for the Defendant
The court may issue a guarantee certificate to the absent defendant, ensuring they will not be detained if they attend the hearing. However, if the defendant violates the terms, this certificate becomes void. For further information, refer to Extraordinary Objection in Turkish Criminal Law.
Appointment of a Defense Attorney
Since the absent defendant cannot attend the hearings, the court may appoint a defense attorney from the bar association to safeguard the defendant’s rights.
The trial of absent defendants plays a crucial role in upholding justice and protecting the rights of the accused. Bayar Law Office is proud to support fair trial processes and the principles of justice.
Note: This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Office. Unauthorized copying or sharing is prohibited.
