Türkiye Adalet Akademisi Dergisi

Öz

In criminal procedure, the general rule is that the accused must be physically present at the hearing. However, in exceptional circumstances, the hearing may proceed in the absence of the accused. One such exception is the accused’s participation in the hearing via SEGBİS (Audio and Video Information System). The use of SEGBİS is regulated under paragraph 4 of Article 196 of the Code of Criminal Procedure (CPC). Developments in the technological field have affected criminal proceedings, and the use of SEGBİS by the court has been accepted for the accused’s interrogation and participation in hearings. The provision in paragraph 4 allows for the accused residing within the country to be heard via SEGBİS without any restriction regarding the type of offence. However, SEGBİS cannot be applied in all circumstances. According to Article 196(4), the court must deem it necessary to employ SEGBİS for the accused to be heard through this system. Furthermore, in accordance with the decisions of the European Court of Human Rights (ECHR), the Constitutional Court, and the Court of Cassation, if the accused expressly or implicitly waives the right to be physically present at the hearing, participation via SEGBİS becomes permissible. This study will also explain the public prosecutor’s opinion on the merits and the accused’s right to make a final statement in connection with application of SEGBİS.
In this study, the conditions under which SEGBİS can be used as an exception to the accused’s physical presence at the hearing, the meaning of waiving the right to be present at the hearing, and the roles of the public prosecutor’s opinion on the merits of the case and the accused’s final statement under the SEGBİS procedure will be examined with reference to high court decisions.