Fast Track Procedure (Criminal Procedure Code Art. 250)

1. What is the Fast Track Procedure?

The expedited trial procedure is a special trial procedure regulated in Article 250 of the Criminal Procedure Code No. 5271, which is implemented in certain crimes, instead of filing a public lawsuit, with a request to be prepared by the public prosecutor , on the condition that the suspect accepts the procedure in the presence of his defense counsel .

This procedure was regulated for the first time by Article 23 of the Law on Amendments to the Code of Criminal Procedure and Certain Laws No. 7188, published in the Official Gazette No. 30928 on 24.10.2019; and as determined by the regulation dated 31.12.2019, it entered into force and began to be implemented as of 01.01.2020.

In this procedure, the authority to determine a sanction primarily rests with the Public Prosecutor . The Public Prosecutor first determines the basic sentence pursuant to Article 61 of Turkish Penal Code No. 5237, then reduces it by half . If necessary, they propose a final sanction to the suspect, applying alternative sanctions (TCK Article 50), suspension of imprisonment (TCK Article 51), or deferment of the pronouncement of the verdict (CMK Article 231). If the suspect accepts this procedure and the determined sanction, the investigation file is referred in its entirety to the Criminal Court of First Instance.

At this point, the role of the court is limited to the sole review of legality and procedural compliance and to issue a verdict, provided that the sanction is not more severe than that specified in the prosecutor's request.

2. What are the Conditions for the Application of the Fast Track Procedure?

Certain conditions must be met for the expedited trial procedure to be applied. These conditions are as follows:

• The investigation must be completed (CMK art. 250/1).

• The public prosecutor's acceptance of the offer in the presence of the suspect's defense counsel (CMK art. 250/3).

• The crime is one of the crimes listed in CMK article 250/1,

• The crime is not one of the crimes within the scope of prepayment or conciliation,

• In case of participation, all suspects must accept,

• These can be listed as not being a minor, having a mental illness, being deaf or mute (CMK Art. 250/12).

  
  

3. What are the crimes to which the accelerated trial procedure is applied?

The crimes to which the expedited trial procedure will be applied are listed in Article 250 of the Code of Criminal Procedure and in a limited manner in the regulation;

“a) Included in the Turkish Penal Code;

1) Trespassing on unauthorized land (article 154, second and third paragraphs),

2) Intentionally endangering public security (Article 170),

3) Endangering traffic safety (article 179, second and third paragraphs),

4) Causing noise (article 183),

5) Counterfeiting of money (article 197, second and third paragraphs),

6) Breaking the seal (Article 203),

7) False statement in the preparation of an official document (Article 206),

8) Providing places and opportunities for gambling (Article 228, first paragraph),

9) Crimes of using someone else's identity or identity information (Article 268).

b) Crimes 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 Tools dated 10/7/1953.

c) The crime specified in the first paragraph of Article 93 of the Forest Law No. 6831 dated 31/8/1956.

ç) The crime specified in Article 2 of the Law No. 1072 on Roulette, Pinball, Table Football and Similar Gaming Equipment and Machines dated 13/12/1968.

d) This procedure is applied to the crimes specified in subparagraph (1) of the first paragraph of the additional article 2 of the Cooperatives Law No. 1163 dated 24/4/1969.

4. What are the Stages of the Rapid Trial Procedure?

It is possible to list the implementation stages of this method as follows;

• Prosecutor's Information and Proposal: The suspect is summoned by the prosecutor's office and informed about the investigation, the type of crime, the nature of the summary trial procedure, its consequences, and the sanctions that will be applied. A memorandum is prepared and signed by the suspect acknowledging that this information was provided.

• Determination of Sanction: The prosecutor determines the basic penalty within the penalty range stipulated by law, reduces it by half, and proposes a penalty to the suspect by applying postponement, conversion to alternative sanctions, or deferment of the announcement of the verdict, if applicable.

• Acceptance Form: If the suspect accepts the offer, they will be asked to choose a lawyer. If the suspect does not have a lawyer, the bar association will appoint a lawyer. A signed statement of acceptance is prepared in the presence of the lawyer and signed by the suspect.

• Preparation of a Request: If the proposal is accepted, the prosecutor prepares a request containing the basic elements that must be included in the indictment and submits it to the court.

• Court Review: The court hears the defendant in the presence of their defense counsel. The defendant has the unconditional right to waive this procedure at any time until the verdict is rendered. If the defendant accepts this procedure in court, in the presence of their defense counsel, the court determines that the conditions have been met and issues a verdict with a sanction not more severe than that requested by the prosecutor. An objection to this decision may be filed within the two-week legal period.

  
  

5. In What Cases Cannot the Expedited Trial Procedure Be Applied?

The expedited trial procedure cannot be applied in the presence of the following situations;

• The suspect cannot be reached, is not at his address or is abroad, or the suspect does not come to court without an excuse,

• It is one of the crimes that fall within the scope of prepayment or conciliation,

• In case of participation, one of the suspects refuses,

• Committing a crime within the scope together with a crime outside the scope,

• Young age, mental illness, deaf-mute status.