ADDITIONAL RIGHT OF DEFENSE (TURKISH CRIMINAL PROCEDURE CODE ARTICLE 226)

In the criminal proceeding which is started with the knowledge of the crime, under the principle of judgment without a filed lawsuit, it is claimed that an act constitutes a criminal offense and the actual perpetrator must be punished. Due to this principle, the Article 170 of the Criminal Procedure Code (CPC) contains that the public prosecutor has been charged to file a public suit with the indictment of the public prosecutor. According to the Article 225 of the Criminal Procedure Code (CPC), the judgment have to only be represented about the conduct in relation with the elements of the offence and the perpetrator. However, the court is not bound by the prosecution and the defense. Therefore, the characterization of the act may change during the trial. At the same time, it is also possible that the penalties should be increased or that the provisions requiring the implementation of security measures in addition to the punishment will occur for the first time during the trial. With the Article 226 of CPC, in both cases, the defendant has been granted additional defense rights and allowed to be settled on the changing situation by the legislator. In this article, additional right of defense, requirements of giving additional right of defense and what is the procedure of giving additional right of defense are examined within Article 226 of CPC