Expedited Trial Procedure in Turkey

Expedited Trial Procedure in Turkey

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The Amendment to the Code of Criminal Procedure and Certain Law adopted by the Turkish Grand National Assembly and published in Official Gazette on October 24, 2019 within scope of the first package of the Judicial Reform Strategy Document in Turkey.

“Expedited Trial Procedure” introduced with the Article 23 of the first package of Judicial Reform Strategy Document and has been added to the Turkish Code of Criminal Procedure with Article 250.

This procedure shall be applied if the subject crime is one of the crime types listed within the Article 23 and if the suspect accepts the Public Prosecutor’s expedited trial offer before his attorney. Accordingly, in case the suspect accepts the Public Prosecutor’s offer to proceed with the Accelerated Trial Procedure, the Public Prosecutor will be able to determine the penalty of the suspect upon applying a reduction by half.

The Expedited Trial Procedure is seen as an alternative method of settling disputes where the Public Prosecutor and the suspect come to an agreement.

Expedited Trial Procedure is a procedure that can be only applied at the end of the investigation phase. Should the Public Prosecutor does not decide to defer initiating the criminal action for the crimes listed in the Code and the suspect agrees to proceed with the offered procedure at the end of the investigation phase, the expedited trial procedure shall be applied.

The regulation regarding the above said Expedited Trial Procedure will enter into force as of January 01, 2020. The procedure is not presently applicable to the crime types regulated within Turkish IP Code.

Therefore hoping that the trial periods will be decreased with the new procedure in Turkey, we will be closely following up the developments to determine if the Procedure would be applicable to the crime types related to Turkish IP Code as well in the future.

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