CIVIL AND CRIMINAL LIABILITY OF THE JUDGE IN TURKISH LAW

Muhammed Halil Ayaklı
2 Min Read

Judges, who have the power to make final decisions in terms of many fundamental values such as the right to life, property, liberty and security of people, perform a very important and heavy duty. Because the peace and tranquility of the society and the establishment of public trust and order are only possible with the existence of a fair trial. In this respect, the execution of justice, which is disturbed by the slightest foreign element, depends on the independence and impartiality of the judges. The legislator has taken into account the fact that judges may also engage in unlawful acts and transactions, and stipulated provisions regarding their liability in both legal and criminal terms. However, the liability legislation in question, due to the importance of the duty performed by judges, requ- ired a different procedure from other public officials to disrupt the provision of justice. As a requirement of this, the legal responsibility of the judge; In both the Code of Civil Procedure and the Code of Criminal Procedure, the reasons for liability are listed one by one, liability arises only in cases of serious fault or intentional damage, the case is subject to strict formal conditions, and is filed against the state rather than the judge directly, and is limited to a limited area. Similarly, in terms of the criminal liability of the judge, a complex procedure involving more than one authority has been authorized, and it has been aimed to prevent the judge from being given the title of suspect and defendant with every possible allegation.

Judge, Publıc Prosecutor, İndependence and İmpartiality, Civil Liability, Criminal Liability.

Paylaş