An Assessment on the Powers of the Preliminary Examiner and the Investigator in Criminal Proceedings within the Scope of the Act No. 4483 and Act No. 2547

According to the 6th paragraph of the Article 129 of the 1982 Constitution (the Constitution), the criminal investigation and prosecution of civil servants and other public officials for certain crimes are carried out in the event of the administrative authority specified in the law allows it. In this context, there are provisions regarding criminal investigation in Act No. 4483 on the Trial of Civil Servants and Other Public Officials (the Act No. 4483) and Higher Education Act No. 2547 (the Act No. 2547). In this study, first of all, the paragraph 6 of the Article 129 of the Constitution was assessed and the unconstitutionality issue of the provisions of the Act No. 2547 on criminal investigation was revealed. Then, the powers of the preliminary investigation officer under the Act No. 4483, the powers of the investigator under the Law No. 2547 and the limits of these powers are reviewed.