Expedited Trial Procedure

What is Expedited Trial? 

The Law No. 7188 on Amendments to the Criminal Procedure Code and Certain Laws, known in the public as the first judicial reform package, was published in the Official Gazette No. 30928 dated October 24, 2019. The expedited trial procedure is regulated in Article 250 of the Criminal Procedure Code No. 5271.

How is the Expedited Trial Procedure Applied? 

The Expedited Trial Procedure is an alternative dispute resolution method established for certain crimes specified in the law, where, in cases where the public prosecutor does not decide to postpone the public prosecution during the investigation phase, the prosecutor determines the applicable penalty, reduces it by half, and the court reviews and renders a judgment, provided that the suspect's explicit consent is obtained in the presence of their lawyer. The expedited trial procedure is regulated for specific crimes. In summary, instead of lengthy trial processes, the public prosecutor, taking into account the matters specified in the first paragraph of Article 61 of the Turkish Penal Code, determines the penalty by applying a 50% reduction to the basic penalty, which is between the lower and upper limits of the penalty prescribed in the legal definition of the crime.CMK m.250/ 4). 

The prison sentence determined in this way may be converted into alternative sanctions by the public prosecutor, if the conditions are met, in accordance with Article 50 of the Turkish Penal Code, or it may be suspended in accordance with Article 51.CMK m.250/5). 

Regarding the determined sanctions, the public prosecutor may also apply the postponement of the announcement of the verdict (HAGB) in accordance with Article 231 of the Code of Criminal Procedure, if the conditions are met.CMK m.250/6).

If a person accepts the expedited trial procedure, they will receive a reduced sentence; however, if the person does not accept the proposed reduced sentence, they will still be tried before a judge and will not benefit from the reduction. 

In criminal proceedings, the public prosecutor, who conducts the investigation phase, initiates public prosecution by preparing an indictment if they obtain sufficient evidence to create reasonable suspicion against the suspect and do not wish to postpone the opening of a public case. However, thanks to the expedited trial procedure, a verdict can be reached without preparing an indictment and without proceeding to the prosecution phase.

To illustrate with an example, in a case where a person is summoned for expedited trial due to drunk driving, the judge may only apply a 1/8 reduction to the sentence, whereas the prosecutor, in an expedited trial procedure, may reduce the sentence by half at their discretion. In this respect, it can be said that the expedited trial procedure is advantageous for suspects. 

Which Crimes Are Subject to Expedited Trial Procedure?

(For detailed information) Crimes Subject to Expedited Trial)

Article 250, paragraph 1 of the Code of Criminal Procedure No. 5271 lists the crimes to which the expedited trial procedure will be applied:

• Trespassing on property to which one has no right (Turkish Penal Code Article 154, second and third paragraphs),
• Deliberately endangering public safety (Turkish Penal Code Article 170),
• Endangering traffic safety (Turkish Penal Code Article 179, second and third paragraphs),
• Causing noise (Turkish Penal Code Article 183),
• Counterfeiting of currency (Turkish Penal Code Article 197, second and third paragraphs),
• Breaking a seal (Turkish Penal Code Article 203),
• False statement in the preparation of an official document (Turkish Penal Code Article 206),
• Providing a place and facilities for gambling (Turkish Penal Code Article 228, first paragraph),
• Using someone else's identity or identity information (Turkish Penal Code Article 268),
• Offenses specified in the first, third, and fifth paragraphs of Article 13 and the first, second, and third paragraphs of Article 15 of the Law No. 6136 on Firearms, Knives, and Other Instruments, dated 10/7/1953.
• The offense specified in the first paragraph of Article 93 of the Forestry Law No. 6831 dated 31/8/1956.
• The offense is defined in Article 2 of the Law No. 1072 dated 13/12/1968 concerning Roulette, Tilt, Pinball and Similar Gaming Devices and Machines.
• The crime specified in item (1) of the first paragraph of the additional article 2 of the Cooperatives Law No. 1163 dated 24/4/1969.

What are the requirements for the expedited trial procedure?

• Crimes should not be covered by prepayment or settlement programs.
• It must be an investigation into one of the crimes explicitly listed in the law.
• Sufficient evidence to create reasonable suspicion must be obtained in order to initiate public prosecution.
• The public prosecutor must not have issued a decision to postpone the initiation of public prosecution.
• The suspect must be informed and must freely consent to the procedure in the presence of legal counsel.
• The suspect must not be a minor, have a mental illness, or be deaf and mute.

In the expedited trial procedure, the presence of a defense attorney is a legal requirement for the suspect. Therefore, if the suspect, upon receiving the summons, does not have a lawyer, an attorney will be appointed from the bar association in their city.

What happens if the expedited trial procedure is not accepted?

Suspicious serial trial procedure acceptance If they fail to do so, normal investigation and prosecution procedures will be applied. Expedited trial Crimes to which the procedure will be applied“without victims”Since these offenses are classified as "crimes," settlement provisions do not apply to them. 

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