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With the amendment to the Code of Criminal Procedure dated 17/10/2019, together with Article 250 in the fourth part of the Code, the following was introduced into criminal proceedings: the summary proceedings procedure Before going into the details of the summary proceedings procedure, we think it is worth noting that its most important pillars are the public prosecutor and the lawyer. In this article we discuss how the procedure works, how it differs from ordinary proceedings, its conditions, the duties and powers of the court, and the relevant provisions of the law and regulation.
Currency note
This article was prepared in accordance with the legislation and practice in force on the date of publication. The texts of the law and regulation quoted in the article are given as originally in force; the offences within the scope of the summary proceedings procedure and the procedural provisions may have changed since that date. You are advised to consult a lawyer on the current position.
Summary trial procedure is a legal institution that comes into play with the acceptance of the person suspected of an offence. The summary proceedings procedure, which arises where the suspect accepts the offer made by the public prosecutor, is entirely a declaration of will on the part of the suspect. It is not an institution that can be applied without the suspect’s consent, and no authority has any discretion in this regard.
First of all, the summary trial procedure proceeds in the following order:
The bill of request prepared by the public prosecutor constitutes a document instituting proceedings and legally corresponds to an indictment. As explained above, one of the most important features of the summary trial procedure is that the offer, the bill of request and the judgment must be exactly the same. A suspect who sees the offer at the outset knows, at that very stage, precisely what judgment will be delivered against him if he accepts it. The suspect, who has a wide margin of manoeuvre, may withdraw from the summary trial procedure without giving any reason until the judgment is delivered.
The application of the summary trial procedure may be requested by the suspect or defence counsel until the indictment is drawn up. The suspect may decline the procedure in two ways:
The main features distinguishing the summary proceedings procedure from ordinary proceedings are as follows:
The summary trial procedure may be applied to the offences exhaustively listed in the first paragraph of Article 250 of the CCP. These offences are:
a) Under the Turkish Criminal Code;
offences.
Prepayment and conciliation
The offence charged must not fall within the scope of pre-payment (önödeme) or reconciliation (uzlaşma).
During the investigation stage, once the evidence has been collected, the summary trial procedure begins to be applied at the moment the evidence gathered gives rise to sufficient suspicion that the offence has been committed, within the meaning of Article 179/II CCP. If there is not sufficient suspicion to bring a public prosecution against the suspect, a decision of non-prosecution must be issued in respect of the suspect under the general procedure.
Where the offence is committed jointly, the summary trial procedure shall not be applied if one of the suspects does not accept the application of this procedure.
If, after collecting the evidence, the public prosecutor is not in a position to bring a public prosecution on the existing evidence, he must issue a decision of deferral or of non-prosecution under the applicable procedure. However, as soon as the evidence has been gathered and it is concluded that "a public prosecution may be brought", recourse may be had to the summary trial procedure.
Although it follows from Article 250/III CCP that the offer must be made to the suspect by judicial service, Article 9/I of the Regulation on the Summary Trial Procedure in Criminal Proceedings provides: "… The invitation may also be made by means of communication such as telephone, telegraph, fax or e-mail…". However, it is an indisputable fact that, by virtue of the essence and spirit of criminal proceedings and of the summary trial procedure, means of communication such as telephone, telegraph, fax or e-mail do not produce the effects of judicial service. Where the suspect is invited by means such as telephone, telegraph, fax or e-mail and fails to respond to the invitation, inferring that the suspect has not accepted the summary trial procedure is incompatible with the purpose of criminal proceedings.
Article 250/III CCP reads: "The application of the summary trial procedure shall be offered to the suspect by the public prosecutor, and this procedure shall be applied if the suspect accepts the offer in the presence of defence counsel." The wording of the law may be read as meaning that defence counsel need only be present at the moment the offer is accepted, not when it is made. However, what is consistent with the spirit and essence of the summary trial procedure is that defence counsel should be present from the making of the offer until its acceptance.
Where the offer is accepted and the court delivers a decision in accordance with the offer, that decision constitutes a final judgment (res judicata). In short, where the summary trial procedure is accepted and judgment is delivered against the suspect, it must be assessed whether there are any previous decisions of deferral of the announcement of the verdict or of suspension concerning the suspect, and what effect they may have.
Statements cannot be used as evidence
Where the summary trial procedure cannot be completed for any reason, or where the file is sent to the Chief Public Prosecutor's Office so that the investigation may be concluded under the general provisions, the suspect's statements accepting the summary trial procedure and the other documents relating to the application of this procedure may not be used as evidence in the subsequent investigation and prosecution. Nevertheless, it is important not to withdraw from the offer unless absolutely necessary.
Between the offer and its acceptance, defence counsel may negotiate with the public prosecutor making the offer on matters such as that a decision of non-prosecution (KYOK) should be issued in respect of the suspect, that the type of offence is not suitable for the summary trial procedure, or that an attempt has not been taken into account in determining the sentence.
The public prosecutor determines the sentence pursuant to Article 61/I TCK. Where the conditions of Article 231 CCP are met in respect of the suspect, he may propose in the bill of request that a decision of deferral of the announcement of the verdict (HAGB) be issued. In addition, he may also propose in the bill of request the alternative sanctions to short-term imprisonment regulated in Article 50 TCK, or the suspension of the prison sentence under Article 51 TCK.
As in the general procedure, although the judge is bound by the act, he is not bound by the legal characterisation of the act.
Talepnamenin reddi
If the offence does not fall within one of the types of offence subject to the summary trial procedure, the judge rejects the bill of request.
If the bill of request is rejected, the investigation is conducted under the general provisions.
Talepnamenin iadesi
If the offence falls within the summary trial procedure but there are deficiencies, the judge returns the bill of request. In the event of return, the suspect, defence counsel or the prosecutor have no right to object.
In the event of return, the file is sent back to the court once the deficiencies have been remedied by the prosecutor.
Kanun yolu
An objection may be lodged against the judgment delivered by the court, but an appeal is not available.
An objection lodged by the suspect or defence counsel after judgment has been delivered does not amount to withdrawal.
The text of Article 250 of the Code of Criminal Procedure governing the summary proceedings procedure, as quoted in the article, is set out below.
Article 250 – (Repealed: 2/7/2012-6352/105 art.) (Re-enacted Together with Its Heading: 17/10/2019-7188/23 art.)
(1) At the end of the investigation stage, the summary trial procedure shall be applied in respect of the following offences, unless a decision is made to defer the bringing of a public prosecution:
a) Under the Turkish Criminal Code;
offences.
(2) The public prosecutor or law enforcement officers shall inform the suspect about the summary proceedings procedure.
(3) The application of the summary trial procedure shall be offered to the suspect by the public prosecutor, and this procedure shall be applied if the suspect accepts the offer in the presence of defence counsel.
Ceza Muhakemesi Kanunu, m. 250/3
(4) The public prosecutor shall determine the sanction by taking into account the matters specified in the first paragraph of Article 61 of the Turkish Criminal Code and applying a reduction of one half to the basic penalty, which he or she shall determine between the lower and upper limits of the penalty prescribed in the statutory definition of the offence.
(5) The resulting sentence of imprisonment determined in accordance with the fourth paragraph may, where the conditions are met, be converted by the public prosecutor into alternative sanctions under Article 50 of the Turkish Criminal Code or suspended under Article 51.
(6) Where the conditions are met, Article 231 may be applied by analogy by the public prosecutor to the sanctions determined under this article.
(7) The application of a sanction under this article shall not preclude the application of the provisions on security measures.
(8) The public prosecutor shall request in writing from the competent court the application of the summary proceedings procedure in respect of the suspect. The request letter shall state:
(9) After hearing the suspect in the presence of defence counsel, if the court is satisfied that the conditions in the third paragraph are met and that the act falls within the scope of the summary proceedings procedure, it shall deliver judgment in line with the sanction determined in the request; otherwise, it shall reject the request and send the file to the chief public prosecutor’s office so that the investigation may be concluded in accordance with the general provisions. A suspect who fails to attend court without an excuse shall be deemed to have waived this procedure.
(10) Where the summary trial procedure cannot be completed for any reason, or where the file is sent to the Chief Public Prosecutor's Office so that the investigation may be concluded under the general provisions, the suspect's statements accepting the summary trial procedure and the other documents relating to the application of this procedure may not be used as evidence in the subsequent investigation and prosecution.
(11) Where the offence is committed jointly, the summary trial procedure shall not be applied if one of the suspects does not accept the application of this procedure.
(12) The summary trial procedure shall not be applied in cases of minority of age, mental illness, or deafness and muteness.
(13) Where the suspect is not at the address declared to official authorities and contained in the investigation file, is abroad, or cannot be reached for any other reason, the summary trial procedure shall not be applied.
(14) An objection may be lodged against the judgment delivered by the court at the request of the public prosecutor under the ninth paragraph.
(15) The procedures and principles concerning the application of this Article shall be determined by a regulation issued by the Ministry of Justice.
The text of the regulation issued pursuant to the fifteenth paragraph of Article 250 of the Code, as quoted in the article, is set out below.
PART ONE · Purpose, Scope, Basis and Definitions
ARTICLE 1 – (1) The purpose of this Regulation is to determine the procedures and principles for the application of the summary trial procedure in criminal proceedings.
ARTICLE 2 – (1) The provisions of this Regulation cover the scope of application of the summary trial procedure, the procedural rules, the offer of the procedure, the method of determining sanctions, the matters to be included in the bill of request drawn up by the public prosecutor, the court's assessment of the bill of request, the decisions to be given upon the request and the procedure for objecting to those decisions, and other matters relating to its application.
ARTICLE 3 – (1) This Regulation has been prepared on the basis of Article 250 of Code of Criminal Procedure No. 5271 of 4/12/2004.
ARTICLE 4 – (1) In this Regulation;
refers to.
PART TWO · General Provisions on the Summary Trial Procedure
ARTICLE 5 – (1) Offences falling within the scope of pre-payment and reconciliation are not subject to the summary trial procedure.
(2) In respect of the offences listed in the first paragraph of Article 250 of the Code, where evidence giving rise to sufficient suspicion to bring a public prosecution has been obtained and no decision is made to defer the bringing of a public prosecution, the application of the summary trial procedure is mandatory.
(3) The summary trial procedure is carried out where the suspect, of his own free will and in the presence of defence counsel, accepts the application of this procedure.
(4) The suspect may withdraw his consent to the application of the summary trial procedure until judgment is delivered by the court.
(5) If the suspect does not know Turkish sufficiently to express himself, or is disabled, the provision of Article 202 of the Code shall apply.
(6) Where the suspect is not at the address declared to official authorities and contained in the investigation file, is abroad, or cannot be reached for any other reason, the summary trial procedure shall not be applied.
(7) No order for compulsory appearance may be issued and no arrest warrant may be drawn up against the suspect for the purpose of offering the application of the summary trial procedure.
(8) Where the summary trial procedure cannot be completed for any reason, or where the court sends the file to the Chief Public Prosecutor's Office so that the investigation may be concluded under the general provisions, the suspect's statements accepting the summary trial procedure and the other documents relating to the application of this procedure may not be used as evidence in the subsequent investigation and prosecution.
(9) The application of a sanction as a result of the summary trial procedure shall not preclude the application of the provisions on security measures.
(10) In respect of offences which are clearly shown by the investigation file to be subject to the summary trial procedure, an indictment drawn up without applying this procedure shall be returned to the Chief Public Prosecutor's Office.
(11) The suspect may, until the indictment is drawn up, apply to the public prosecutor and request that the summary trial procedure be applied to him. In that case, the summary trial procedure shall be applied by the public prosecutor.
ARTICLE 6 – (1) At the end of the investigation stage, the summary trial procedure shall be applied in respect of the following offences, unless a decision is made to defer the bringing of a public prosecution:
a) Under the Turkish Criminal Code;
offences.
ARTICLE 7 – (1) Even if the offence falls within the scope of the summary trial procedure, this procedure shall not be applied in cases of minority of age (Article 31), mental illness (Article 32) or deafness and muteness (Article 33) under the Turkish Criminal Code.
(2) Where an offence within the scope of the summary trial procedure is committed jointly, the summary trial procedure shall not be applied if one of the suspects does not accept the application of this procedure or if the offence is committed together with persons falling within the first paragraph.
PART THREE · Application of the Summary Trial Procedure
ARTICLE 8 – (1) As soon as the public prosecutor learns of a situation giving the impression that an offence subject to the summary trial procedure has been committed, he shall immediately begin to investigate the facts in order to decide whether there are grounds for bringing a public prosecution. The fact that the offence under investigation is subject to the summary trial procedure does not relieve the public prosecutor of the obligation to investigate the material truth.
(2) The public prosecutor or law enforcement officers shall inform the suspect about the summary trial procedure.
(3) Where, as a result of the investigation, no evidence giving rise to sufficient suspicion to bring a public prosecution can be obtained, or there is no possibility of prosecution, the public prosecutor shall issue a decision of non-prosecution.
(4) Where evidence giving rise to sufficient suspicion to bring a public prosecution has been obtained and no decision is made to defer the bringing of a public prosecution, the summary trial procedure shall be applied.
ARTICLE 9 – (1) The public prosecutor shall invite the suspect as soon as possible for the purpose of offering the application of the summary trial procedure. The invitation may also be made by means of communication such as telephone, telegraph, fax or e-mail.
(2) Where the suspect fails to respond to the invitation without an excuse, is not at the address declared to official authorities and contained in the investigation file, is abroad, or cannot be reached for any other reason, the public prosecutor shall record this in a report and the investigation shall continue under the general provisions.
ARTICLE 10 – (1) Before offering the application of the summary trial procedure, the public prosecutor shall inform the suspect about this procedure. The information shall cover:
matters.
(2) The application of the summary trial procedure shall be offered to the suspect by the public prosecutor, and the sanctions to be applied to the suspect shall be explained.
(3) If the suspect accepts the offer in the presence of defence counsel, the summary trial procedure shall be applied. Upon request, the suspect shall be given a reasonable period, not exceeding one month, to consider the offer. If the suspect has no counsel of his own choosing, the bar association shall be requested to appoint defence counsel.
(4) If the suspect fails to appear within the specified period without an excuse, or states that he does not accept the application of this procedure, the investigation shall continue under the general provisions.
(5) Taking into account the matters set out in the first paragraph of Article 61 of the Turkish Criminal Code, the public prosecutor shall determine the penalty and/or security measure by applying a reduction of one half to the basic sentence to be fixed between the lower and upper limits of the penalty prescribed in the statutory definition of the offence.
(6) In respect of the sanctions determined, a decision of deferral of the announcement of the verdict may be given by the public prosecutor under Article 231 of the Code, where the conditions are met.
(7) The prison sentence finally determined pursuant to the fifth paragraph may, where the conditions are met, be converted by the public prosecutor into alternative sanctions under Article 50 of the Turkish Criminal Code or suspended under Article 51.
(8) If the suspect accepts the offer, a record of acceptance of the summary trial procedure shall be drawn up in accordance with the specimen in Annex-1. The record shall set out the act charged against the suspect, the suspect's statement of acceptance, the final penalty and/or security measure determined and, where applied, matters relating to the deferral of the announcement of the verdict, alternative sanctions or the suspension of the prison sentence. The record of acceptance shall be signed by the public prosecutor, the suspect and defence counsel.
(9) If the suspect accepts the offer in the presence of defence counsel, the suspect shall be referred to the court on the same day.
(10) If the suspect rejects the offer, the public prosecutor shall draw up a record to that effect and add it to the investigation file.
(11) The public prosecutor conducting the investigation may also provide the information and make the offer concerning the summary trial procedure via SEGBIS (the audio-visual information system) or by letters rogatory.
(12) Where the public prosecutor conducting the investigation carries out the steps concerning the summary trial procedure via SEGBIS, he shall take the necessary steps in accordance with Article 38/A of the Code.
(13) The public prosecutor conducting the investigation shall also attach to the letters rogatory the record of acceptance of the summary trial procedure he has prepared. The Chief Public Prosecutor's Office of the place to which the letters rogatory are sent shall immediately carry out the invitation in accordance with the procedure set out in this Regulation and inform the suspect who responds to the invitation about this procedure. If the suspect accepts the offer in the presence of defence counsel, the record of acceptance attached to the letters rogatory shall be signed by the public prosecutor, the suspect and defence counsel, and the letters rogatory shall be sent to the Chief Public Prosecutor's Office conducting the investigation.
ARTICLE 11 – (1) The suspect's defence counsel shall also be present when the offer concerning the application of the summary trial procedure is accepted.
(2) The suspect shall be asked to choose defence counsel. For a suspect without defence counsel, counsel shall be appointed without any request being required.
(3) Where the offer concerning the application of the summary trial procedure is made via SEGBIS or by letters rogatory and the suspect has no counsel of his own choosing, the appointment of defence counsel to be present at the acceptance of the offer shall be made by the Chief Public Prosecutor's Office of the place to which the letters rogatory are sent or at which a hearing via SEGBIS is requested. In that case, no separate appointment of defence counsel shall be made by the Chief Public Prosecutor's Office conducting the investigation.
(4) Defence counsel acting during the investigation stage shall, as a priority, also be appointed before the court.
ARTICLE 12 – (1) The public prosecutor shall request the court to apply the summary trial procedure in respect of the suspect.
(2) The bill of request addressed to the court and drawn up in accordance with the specimen in Annex-2 shall set out;
is included.
ARTICLE 13 – (1) The court shall examine the bill of request immediately on the day it is submitted, hear the suspect in the presence of defence counsel regarding the summary trial procedure and conclude the procedure. The suspect may also be heard regarding the summary trial procedure via SEGBIS or by letters rogatory.
(2) Where, by specifying the deficient or erroneous points, the court finds that the bill of request is one:
the court shall decide that the bill of request be sent to the Chief Public Prosecutor's Office so that the deficiencies may be remedied.
(3) Once the deficiencies have been remedied and the erroneous points corrected by the public prosecutor, the bill of request shall be redrawn and sent to the court.
(4) Where the court concludes that the offence charged does not fall within the scope of the summary trial procedure or that the conditions set out in the third paragraph of Article 250 of the Code have not been met, the request shall be rejected. In that case, the file shall be sent to the Chief Public Prosecutor's Office and the investigation shall be concluded under the general provisions.
(5) If the suspect fails to appear before the court without an excuse, he shall be deemed to have waived the application of this procedure.
ARTICLE 14 – (1) If the court is satisfied that the act falls within the scope of the summary trial procedure, that this procedure was offered to the suspect under the conditions provided for in the Code, and that the suspect accepted this offer of his own free will in the presence of defence counsel, it shall deliver judgment in line with the sanction set out in the request.
(2) The judgment shall be served on the victim, the person harmed by the offence or persons entitled to intervene under the general provisions, if any.
ARTICLE 15 – (1) An objection may be lodged, within the framework of the general provisions, against the judgment delivered by the court at the request of the public prosecutor under the first paragraph of Article 14 of the Regulation.
PART FOUR · Miscellaneous and Final Provisions
PROVISIONAL ARTICLE 1 – (1) Pursuant to sub-paragraphs (c) and (d) of the first paragraph of provisional Article 5 of the Code, the summary proceedings procedure shall apply from 1/1/2020. The summary proceedings procedure shall not apply to files which, as of that date, have moved to the prosecution stage, been decided or become final.
ARTICLE 16 – (1) This Regulation shall enter into force on 1/1/2020.
ARTICLE 17 – (1) The provisions of this Regulation shall be executed by the Minister of Justice.
2021 amendments
For the procedural amendments made to criminal proceedings in 2021, please see our article entitled Recent Amendments to the Code of Criminal Procedure for further details.
Related page: Serious Crimes Lawyer in Ankara (Assize Court) — investigation, pre-trial detention, assize court trials and legal remedies
Related legislation: Code of Criminal Procedure No. 5271 (mevzuat.gov.tr)
The summary trial procedure (seri muhakeme usulü) was added to criminal proceedings by Article 250 of the CMK (Code of Criminal Procedure) through the amendment of 17/10/2019. It applies where the public prosecutor’s offer is accepted by the suspect in the presence of defence counsel; it cannot be applied without the suspect’s consent.
Usul, CMK’nin 250’nci maddesinin birinci fıkrasında sınırlı olarak sayılan suçlarda uygulanır; hakkı olmayan yere tecavüz, trafik güvenliğini tehlikeye sokma, gürültüye neden olma ve mühür bozma bunlar arasındadır. Önödeme ve uzlaştırma kapsamındaki suçlar bu usule tabi değildir.
CMK 250/4 uyarınca Cumhuriyet savcısı, suçun kanuni tanımındaki alt ve üst sınır arasında tespit edeceği temel cezadan yarı oranında indirim uygulayarak yaptırımı belirler. Koşulları bulunursa hapis cezası seçenek yaptırımlara çevrilebilir veya ertelenebilir; 231’inci madde de kıyasen uygulanabilir.
Under the Regulation, the suspect may withdraw their consent to the application of the summary trial procedure until the court renders judgment. A suspect who fails to appear before the court without an excuse is also deemed to have withdrawn from the procedure.
The procedure is not applied in cases of minority, mental illness, or deafness and muteness. It is also not applied where the suspect cannot be reached or where, in an offence committed jointly, one of the suspects does not accept the procedure.
An objection may be lodged against the judgment rendered by the court in line with the public prosecutor's request. The article states that the appeal (istinaf) remedy is not available against this judgment and that an objection lodged after judgment has been rendered does not amount to withdrawal.
No. If the procedure cannot be completed for any reason, or the file is sent to the Chief Public Prosecutor's Office to be concluded under the general provisions, the suspect's statements accepting the procedure and the other documents relating to it cannot be used as evidence in subsequent investigation and prosecution proceedings.
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