Crimes Subject to Expedited Trial

Seri Muhakemeye Tabii Suçlar | Criminal Defense Lawyer | İzmir Lawyer | Izmir Law Firm

In line with its criminal procedure policy, the legislator has applied the expedited trial procedure not to all types of crimes;
► Generally, the victim is not a specific person,
► Relatively easy to prove,
► The sanctions adopted are only for certain types of crimes that can be considered minor (CMK article 250/1, ae).
Some of these crimes are covered in the Turkish Penal Code, while others are included in other special laws.

Turkish Penal CodeCrimes Subject to Expedited Trial within the Scope of the Law

1. Trespassing on property to which one has no right (Article 154/2-3),
2. Deliberately endangering public safety (Article 170),
3. Endangering traffic safety (Article 179/2-3),
4. Causing noise (Article 183),
5. Counterfeiting of currency (Article 197/2-3),
6. Breaking the seal (Article 203),
7. False statement in the preparation of an official document (Article 206),
8. Providing a place and facilities for gambling (Article 228/1),
9. Using someone else's identity or identity information (Article 268)

Crimes Subject to Expedited Trial in Special Criminal Codes

Law on Firearms, Knives and Other Instruments

• Offenses specified in the first, third, and fifth paragraphs of Article 13 and the first, second, and third paragraphs of Article 15 of Law No. 6136 on Firearms, Knives, and Other Instruments.

Article 13 –
Those who purchase, carry, or possess firearms and ammunition in violation of the provisions of this Law shall be sentenced to imprisonment for one to three years and a judicial fine of thirty to one hundred days. If the firearm is one of those listed in the fourth paragraph of Article 12 of this Law, or if the number or quality of the weapon or ammunition is serious, the sentence shall be imprisonment for five to eight years and a judicial fine of five hundred to five thousand days. If there is only one firearm other than those listed in the fourth paragraph of Article 12 of this Law, and a customary number of ammunition is kept in the home or workplace, the sentence shall be imprisonment for one to two years and a judicial fine of twenty-five to one hundred days. If the possession or carrying of a very small number of firearm ammunition is not deemed serious by the court, the sentence shall be imprisonment for up to six months and a judicial fine of up to one hundred days. Anyone who modifies a handgun capable of firing blank cartridges, gas cartridges, or similar projectiles, into a weapon capable of killing, by altering its technical specifications, shall be punished according to the provisions of the first paragraph of this article.

Article 15 –
Those who sell, act as intermediaries in the sale of, purchase, transport, or possess knives or other tools or similar items mentioned in Article 4, in violation of the provisions of this Law, shall be sentenced to imprisonment for a period of six months to one year and a judicial fine of not less than twenty-five days.
If the number or nature of the knives or other tools or similar items covered by this article are serious, the penalties to be imposed according to the preceding paragraph shall be increased by half to one fold.
Those who sell, act as intermediaries in the sale of, purchase, transport, or possess knives or other tools or similar items permitted to be manufactured according to Article 4 of this Law, for purposes other than their intended use, shall be subject to the penalties stipulated in the first paragraph; and if the number and nature of such knives or other tools or similar items are serious, the penalties stipulated in the second paragraph shall be imposed.

Forest Law

• The crime specified in the first paragraph of Article 93 of the Forestry Law No. 6831.

Forestry Law Article 93
Bu Kanunun 17 nci maddesinde yasak edilen fiilleri işleyenler veya izne bağlı işleri izinsiz yapanlar, 91 inci madde hükümleri saklı kalmak üzere altı aydan iki yıla kadar hapis cezası ile cezalandırılırlar…

Law Regarding Roulette, Tilt, Pinball and Similar Gaming Devices and Machines

• The offense is defined in Article 2 of Law No. 1072 concerning Roulette, Tilt, Pinball and Similar Gaming Devices and Machines.

Article 2 of the Law on Roulette, Tilt, Pinball and Similar Gaming Devices and Machines
Those who violate this law shall be punished with imprisonment from one to five years and a judicial fine from one hundred to one thousand days.

Cooperatives Law

• The crime specified in item (1) of the first paragraph of the second additional article of the Cooperatives Law No. 1163.

Article 2 of the Annex to the Cooperatives Law –

Board members and officials of cooperatives and their umbrella organizations who act contrary to the third paragraph of Article 8, the fifth paragraph of Article 16, the sixth paragraph of Article 56, the fourth, sixth, seventh and eighth paragraphs of Article 59, and the fifth paragraph of Article 90 shall be punished with imprisonment from three months to two years and a judicial fine from fifty to five hundred days.

Crimes that fall under the scope of prepayment or settlement are not included in the application area of the expedited trial procedure.

Other works that may be of interest to you;

Izmir Criminal Lawyer

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56