Within the legal system, the prosecutor and the judge are two fundamental elements with different duties and powers. However, whether the decisions made by the prosecutor during the criminal trial process will affect the judge is a frequently debated issue. In this article, the prosecutor’s powers, his relationship with the judge and the legal effects of the decisions will be discussed in detail.
Powers and Duties of the Prosecutor
Prosecutors are legal professionals who have the authority to file a public lawsuit and conduct criminal investigations. The basic duties of the prosecutor are as follows:
Investigating the crime and collecting evidence
Deciding whether to file a public lawsuit
Representing the prosecution in court
Ensuring that the investigation of the crime is carried out effectively
The prosecutor collects and evaluates evidence that will be in favor of or against the suspect. In light of the evidence he collects, he prepares an indictment and presents it to the court.
Powers and Independence of the Judge
Judges must exercise their judicial authority independently and impartially. The basic duties of a judge are as follows:
Evaluating the evidence presented to the court
Listening to the witness and the defendant
Seeking the views of the defense
Making a decision in accordance with the law
Judges must act only according to the law and their conscience when making a decision. According to Article 138 of the Constitution, “No organ, authority, office or person may give orders and instructions, send circulars, or make recommendations or suggestions to the courts and judges in the exercise of judicial authority.”
Do the Prosecutor’s Decisions Affect the Judge?
The decisions made by the prosecutor are not directly binding on the judge from a legal perspective. However, whether they have an indirect effect may be a matter of debate:
Preparation of the Indictment:
The prosecutor collects the evidence and presents the indictment to the court. If the judge examines and accepts this indictment, the trial process begins. However, the acceptance of the indictment does not constitute a conviction that the defendant is guilty. The judge makes a decision according to the evidence and defenses presented in court.
Evaluation of Evidence:
The evidence presented by the prosecutor plays an important role in the judge’s decision-making process. However, the judge does not rely solely on the evidence presented by the prosecutor; he/she must also take into account the evidence presented by the defendant and the defense.
Arrest and Release Requests:
The prosecutor may request arrest or release during the investigation process. However, the court will evaluate this request. The judge makes a decision based on compliance with legal criteria.
Court Process:
During the trial process, the prosecutor presents his/her views to the court as the prosecution. However, the court does not make a decision solely based on the prosecutor’s views. A decision is made within the framework of evidence and legal rules, taking into account the defense’s claims.
The decisions made by the prosecutor are not directly binding on the judge from a legal perspective and do not allow him/her to make a decision on his/her behalf. However, the indictment prepared by the prosecutor and the evidence presented by him/her play an important role in the trial process. Despite this, it is a constitutional obligation for the judge to make an impartial and independent decision. Therefore, the distinction of authority between the prosecutor and the judge is clearly defined in our legal system, and judges should not be affected by the prosecutor’s decisions.
