Differentiation of Preliminary Investigations in Response to the Emergency Situation Caused by the COVID-19 Pandemic

Abstract

An emergency situation is an abnormal condition that leads to alterations in the application and enforcement of laws and regulations. The COVID-19 pandemic, as an example of such an emergency situation, has resulted in changes to criminal procedure processes and has impacted the rights and freedoms of individuals through suspension or limitations in accessing certain rights. Among the stages of criminal proceedings, given that preliminary investigations represent the primary aspect of citizens' rights and freedoms in relation to order and security, it is assumed that this phase has been most affected by the pandemic. The purpose of this study is to examine the differentiated aspects of the preliminary investigation phase in response to the emergency situation caused by the COVID-19 pandemic. This research is based on a documentary-library method and employs a descriptive-analytical approach. It is considered applied research in terms of its objective. The findings indicate that, following the COVID-19 situation, preliminary investigations have faced numerous changes and developments, with some citizen rights and freedoms being suspended or restricted. These suspensions and restrictions have led to the differentiation of this stage of criminal proceedings, both in the initiation of prosecution and in the commencement and execution of preliminary investigations. The results show that the emergency situation arising from the COVID-19 pandemic has led to increased powers for prosecution authorities and law enforcement officials at the stage of initiating prosecution, which has continued to impact the suspension and limitation of citizens' rights and freedoms. This includes limiting the right to attend investigations, the prohibition on issuing detention orders and other orders leading to detention, as well as the use of lenient measures such as suspension of prosecution, mediation, etc., during the initiation and conduct of preliminary investigations. These aspects are among the most significant manifestations of the differentiation of preliminary investigations in emergency conditions compared to normal circumstances.