Obligation to Conduct an Effective Investigation and Prosecutor's Authority to Evaluate Evidence

When the Criminal Procedure Code and case law are considered, the public prosecutor has to carry out the investigation effectively with the help of judicial law enforcement officers. If the investigation phase is passed efficently, the evidence that has to be obtained in order to reach the material truth will be acquired. In this way, it becomes easier to reach the correct conclusion when the judgment ends. After an effective investigation is carried out, first of all, the prosecutor evaluates the criminal elements in the incident under investigation. After that the public prosecutor must evaluate the available evidence. Having reached sufficient doubt as a result of this evaluation, the public prosecutor, as a rule, file an indictment and submits it to the court. Therefore, the public prosecutor, like the judge, has to evaluate the evidence. Additionally, the prosecutor must evaluate whether there is public interest to file a public criminal case. In our study, examining the effective investigation and the evaluation of the evidence by the prosecutor will be explained. Although it is accepted that the public prosecutor has the authority to evaluate the evidence, according to the characteristics of the criminal case, it is concluded that it is necessary to prepare an indictment for the files, such as the reasons for compliance with the law and the reasons that eliminate culpability, which should be discussed mutually in the court.