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Criminal Law

Summary Trial Procedure

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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.

Contents
  1. How does the summary proceedings procedure work?
  2. Differences from ordinary proceedings
  3. Conditions of the summary proceedings procedure
  4. The offer, defence counsel and the sanction determined by the prosecutor
  5. Duties and powers of the judge of the criminal court of first instance
  6. CMK madde 250 metni
  7. Summary Proceedings Regulation
  8. Frequently asked questions
  9. Consultation request

How Does the Summary Proceedings Procedure Work?

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:

  1. InvestigationThere must be an investigation against the suspect concerning an offence exhaustively listed in the law
  2. DavetThe public prosecutor invites the suspect after certain conditions have been fulfilled
  3. Acceptance of the offerThe invitation is accepted and the offer is accepted in the presence of defence counsel
  4. Bill of requestThe public prosecutor prepares a bill of request (talepname) in accordance with the offer
  5. ProvisionFinally, the Criminal Court of First Instance delivers a judgment in accordance with the bill of request.

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:

  • By not attending the invitation or not accepting the offer
  • After the bill of request has been prepared, the suspect may withdraw from the summary trial procedure until judgment is delivered at the hearing before the Criminal Court of First Instance.

Differences Between the General Trial Procedure and the Summary Trial Procedure

The main features distinguishing the summary proceedings procedure from ordinary proceedings are as follows:

  • The summary trial procedure is much faster than the general procedure.
  • Where the summary trial procedure is conducted, the party who may subsequently be sentenced may obtain a reduction in the final sentence.
  • No order for compulsory appearance is issued against a suspect who does not respond to the invitation.

Conditions of the Summary Proceedings Procedure

Conditions Relating to the Type of Offence

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;

  • Trespass on property to which one has no right (Article 154, second and third paragraphs),
  • Intentionally endangering public safety (Article 170),
  • Endangering traffic safety (Article 179, second and third paragraphs),
  • Causing noise (Article 183),
  • Counterfeiting money (Article 197, second and third paragraphs),
  • Breaking a seal (Article 203),
  • False statement in the preparation of an official document (Article 206),
  • Providing a place and opportunity for gambling (Article 228, first paragraph),
  • Use of another person's identity or identity information (Article 268),

offences.

  • b) The offences set out in the first, third and fifth paragraphs of Article 13 and the first, second and third paragraphs of Article 15 of Law No. 6136 of 10/7/1953 on Firearms, Knives and Other Tools.
  • c) The offence set out in the first paragraph of Article 93 of Forestry Law No. 6831 of 31/8/1956.
  • d) The offence specified in Article 2 of Law No. 1072 dated 13/12/1968 on Roulette, Tilt, Pinball and Similar Gaming Devices and Machines.
  • e) The offences set out in sub-paragraph (1) of the first paragraph of Additional Article 2 of Cooperatives Law No. 1163 of 24/4/1969.

Prepayment and conciliation

The offence charged must not fall within the scope of pre-payment (önödeme) or reconciliation (uzlaşma).

Condition Relating to the Evidence

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.

Conditions Relating to the Suspect

  • – The summary proceedings procedure does not apply in cases of minority, mental illness, or deafness and muteness.
  • – The summary proceedings procedure does not apply where the suspect cannot be reached because they are not at the address declared to official authorities and contained in the investigation file, are abroad, or for any other reason.

Offences Committed Jointly

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.

The Offer, Defence Counsel and the Sanction Determined by the Prosecutor

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.

Form of the invitation

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.

Presence of defence counsel

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.

Nature of the decision and failure to complete the procedure

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.

Negotiation and determination of the sanction

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.

Duties and Powers of the Judge of the Criminal Court of First Instance

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 hearing opened under the summary trial procedure differs from the provisions of the general procedure. The victim of the offence is not summoned, cannot attend the hearing and cannot request to intervene.
  • The judgment is served on persons who could have the status of intervening party, and they have the right to object.

Text of Article 250 of the Code of Criminal Procedure: Summary proceedings procedure

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;

  • Trespass on property to which one has no right (Article 154, second and third paragraphs),
  • Intentionally endangering public safety (Article 170),
  • Endangering traffic safety (Article 179, second and third paragraphs),
  • Causing noise (Article 183),
  • Counterfeiting money (Article 197, second and third paragraphs),
  • Breaking a seal (Article 203),
  • False statement in the preparation of an official document (Article 206),
  • Providing a place and opportunity for gambling (Article 228, first paragraph),
  • Use of another person's identity or identity information (Article 268),

offences.

  • b) The offences set out in the first, third and fifth paragraphs of Article 13 and the first, second and third paragraphs of Article 15 of Law No. 6136 of 10/7/1953 on Firearms, Knives and Other Tools.
  • c) The offence set out in the first paragraph of Article 93 of Forestry Law No. 6831 of 31/8/1956.
  • d) The offence specified in Article 2 of Law No. 1072 dated 13/12/1968 on Roulette, Tilt, Pinball and Similar Gaming Devices and Machines.
  • e) The offence set out in sub-paragraph (1) of the first paragraph of Additional Article 2 of Cooperatives Law No. 1163 of 24/4/1969.

(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:

  • a) The identity of the suspect and defence counsel,
  • b) The identity of the victim or persons harmed by the offence and, if any, their attorney or legal representative,
  • c) The offence charged and the relevant statutory provisions,
  • d) The place, date and time frame in which the offence charged was committed,
  • e) Whether the suspect is detained; if detained, the dates of taking into custody and of detention and their durations,
  • f) A summary of the events constituting the offence charged,
  • g) That the conditions set out in the third paragraph have been met,
  • h) The sanction determined and, where the fifth and sixth paragraphs have been applied, the matters relating thereto, together with any security measures.

(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.

Regulation on Summary Proceedings in Criminal Procedure

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

Purpose

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.

Scope

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.

Foundations

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.

Definitions

ARTICLE 4 – (1) In this Regulation;

  • a) Code: means Code of Criminal Procedure No. 5271 of 4/12/2004,
  • b) Court: means the competent Criminal Court of First Instance,
  • c) Summary Trial Procedure: means the trial procedure regulated in Article 250 of Code of Criminal Procedure No. 5271,
  • ç) Bill of request: means the written request submitted to the court by the public prosecutor under the summary trial procedure,

refers to.

PART TWO · General Provisions on the Summary Trial Procedure

Basic principles

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.

Offences within the scope of the summary trial procedure

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;

  • 1) Trespass on property to which one has no right (Article 154, second and third paragraphs),
  • 2) Intentionally endangering public safety (Article 170),
  • 3) Endangering traffic safety (Article 179, second and third paragraphs),
  • 4) Causing noise (Article 183),
  • 5) Counterfeiting money (Article 197, second and third paragraphs),
  • 6) Breaking a seal (Article 203),
  • 7) False statement in the preparation of an official document (Article 206),
  • 8) Providing a place and opportunity for gambling (Article 228, first paragraph),
  • 9) Use of another person's identity or identity information (Article 268),

offences.

  • b) The offences set out in the first, third and fifth paragraphs of Article 13 and the first, second and third paragraphs of Article 15 of Law No. 6136 of 10/7/1953 on Firearms, Knives and Other Tools.
  • c) The offence set out in the first paragraph of Article 93 of Forestry Law No. 6831 of 31/8/1956.
  • ç) The offence set out in Article 2 of Law No. 1072 of 13/12/1968 on Roulette, Tilt, Pinball and Similar Gaming Devices and Machines.
  • d) The offence set out in sub-paragraph (1) of the first paragraph of Additional Article 2 of Cooperatives Law No. 1163 of 24/4/1969.

Cases in which the summary trial procedure shall not be applied

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

Collection of evidence

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.

Invitation to the summary trial procedure

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.

Offer of the summary trial procedure

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:

  • a) The act charged, the offence constituted by the act, and the fact that this offence falls within the scope of the summary trial procedure,
  • b) The fact that there is sufficient suspicion to bring a public prosecution,
  • c) The fact that, if he accepts of his own free will and in the presence of defence counsel, this procedure will be applied and the basic sentence to be determined will be reduced by one half,
  • ç) That the court will deliver judgment in line with the request concerning the sanction offered by the public prosecutor, and that he may lodge an objection against that judgment,
  • d) That the offer can only be accepted in the presence of defence counsel and that, if he has no counsel of his own choosing, counsel will be appointed for him without any request being required,
  • e) That he may withdraw from the summary trial procedure at any stage until judgment is delivered by the court,
  • f) That the judgment delivered by the court will be entered in his criminal record,
  • g) That, if he does not accept the application of this procedure, an indictment will be drawn up against him and a public prosecution brought under the general provisions,
  • ğ) That, if the general provisions come to be applied, his 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 investigation and prosecution,

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.

Appointment of defence counsel

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.

Bill of request

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;

  • a) The identity of the suspect and defence counsel,
  • b) The identity of the victim or persons harmed by the offence and, if any, their attorney or legal representative,
  • c) The offence charged and the relevant statutory provisions,
  • ç) The place, date and time frame in which the offence charged was committed,
  • d) Whether the suspect is detained; if detained, the dates of arrest and detention and their durations,
  • e) A summary of the events constituting the offence charged,
  • f) That the application of this procedure was offered to the suspect by the public prosecutor and that the suspect accepted the offer in the presence of defence counsel,
  • g) The penalty and/or security measures determined and, where applied, matters relating to the deferral of the announcement of the verdict, alternative sanctions to imprisonment or the suspension of the prison sentence,

is included.

Examination of the bill of request

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:

  • a) Drawn up in breach of Article 12,
  • b) Containing a material error in the sanction determined,
  • c) In which it is found that the objective conditions for applying Article 231 of the Code or Articles 50 and 51 of the Turkish Criminal Code to the sanction have not been met,
  • ç) In which no security measure appropriate to the nature of the penalty offered is specified,

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.

Delivery of judgment by the court

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.

Objection

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

Transitional provision

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.

Entry into force

ARTICLE 16 – (1) This Regulation shall enter into force on 1/1/2020.

Execution

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)

Summary Proceedings Procedure: Frequently Asked Questions

What is the summary trial procedure (seri muhakeme)?

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.

For which offences can the summary trial procedure be applied?

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.

Is the penalty reduced under the summary trial procedure?

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.

Is it possible to withdraw after accepting the summary trial offer?

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.

In which cases is the summary trial procedure not applied?

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.

Can the decision rendered at the end of the summary trial procedure be challenged?

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.

If the procedure cannot be completed, are the statements of acceptance used as evidence?

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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