The Victim's Right to Legal Aid in the Context of the Right to a Fair Trial

Abstract

The main factor in reaching the material truth, which is the purpose of criminal procedure, is a fair trial. Fair trial is very important for both the suspect/defendant and the victim, and in order for a fair trial to take place, the criminal procedure should equip the victim with some rights as well as equipping the suspect/defendant with some rights. Although the victim lags behind the suspect and the accused in our criminal law, equality of arms is essential for a fair trial. The right to legal aid is a right that can be enjoyed not only by the suspect/defendant but also by the victim. In our law, the victim is generally forgotten and lagged behind the concept of the accused. The idea that the right to receive legal aid is more important for the accused has emerged and this thought has caused the victim to be alone and precarious in the criminal procedure. This situation also violates the principle of equality of arms. In order for a fair trial to take place and for individuals to have the opportunity to defend themselves in criminal proceedings, they should be equipped with similar rights. The rights of victims, which have been neglected for a long time, have been regulated and developed in both national and international law in recent years.

In criminal procedure law the victim has been granted many rights; such as the right to complain and report, the right to examine the file, the right to request investigate of evidence, the right to participate in the case, the right to present evidence, the right to be present in court and the right to resort to legal remedies. In this study, only the right of victims to benefit from the legal assistance of a lawyer within the scope of criminal procedure law is emphasized.