Competent court

Competent court

The authority to hear a case belongs to the court of the place where the crime was committed.

The court of the place where the last act of execution was performed in attempted crimes, where the cessation occurred in continuous crimes, and where the last crime was committed in chain crimes is competent.

If the crime was committed by means of a printed work published in the country, jurisdiction belongs to the court of the place where the publication center of the work is located. However, if the same work is printed in more than one place and the crime occurred in a print other than the publication center of the work, the court of the place where the work was printed is also competent for this crime.

In the crime of insult, the investigation and prosecution of which depend on a complaint, if the work was distributed in the place where the victim resides or stays, the court of that place is also competent. If the victim is detained or serving a sentence in a place other than where the crime was committed, the court of that place is also competent.

The provisions of the third paragraph of this article also apply to visual or auditory broadcasts. If a visual or auditory broadcast was heard or seen in the place where the victim resides or stays, the court of that place is also competent.

Special jurisdiction

If the place where the crime was committed is not known, the court of the place where the suspect or accused was apprehended, or if not apprehended, the court of their place of residence is competent.

If the suspect or accused does not have a place of residence in Turkey, the court of the place where their last address in Turkey is located is competent.

If it is also impossible to determine the court in this way, the court of the place where the first procedural act was performed is competent.

Jurisdiction in crimes committed in a foreign country

In crimes committed in a foreign country that must be investigated and prosecuted in Turkey in accordance with the provisions of the law, jurisdiction is determined according to the first and second paragraphs of Article 13.

However, upon the request of the public prosecutor, the suspect, or the accused, the Court of Cassation may grant jurisdiction to a court closer to the place where the crime was committed.

In such crimes, if the suspect or accused has not been apprehended in Turkey, does not reside in Turkey, or does not have an address in Turkey, the competent court is determined by the Court of Cassation upon the request of the Minister of Justice and the application of the Public Prosecutor of the Court of Cassation.

The competent court for crimes committed by Turkish public officials residing in foreign countries who benefit from diplomatic immunity is the Ankara court.

Claim of lack of jurisdiction

The accused shall submit a claim of lack of jurisdiction before their interrogation at the hearing in first instance courts, before the commencement of the review in regional courts of appeal, and before the reading of the investigation report in cases with hearings.

The decision regarding the claim of lack of jurisdiction shall be rendered before the interrogation of the accused in first instance courts, and immediately at the beginning of the review in cases without hearings in regional courts of appeal, or before the reading of the investigation report in cases with hearings. After these stages, a claim of lack of jurisdiction cannot be made, nor can the courts render a decision on this matter ex officio.

Decisions on lack of jurisdiction are subject to objection.

Transfer of the case and holding the hearing in another place

If the competent judge or court is unable to perform their duties due to legal or actual reasons, the higher-level court shall decide to transfer the case to a court of the same level located elsewhere.

If it is dangerous for public safety for the prosecution to be conducted in the place where the competent and authorized court is located, the Minister of Justice shall request the transfer of the case from the Court of Cassation.

The court may decide to hold the hearing in another place within the provincial borders for actual reasons or security grounds. This decision is subject to objection.

Cases in which the judge cannot hear the case

A judge cannot perform their duties if;

a) They have personally suffered harm from the crime,

b) They have had a relationship of marriage, guardianship, or trusteeship with the suspect, accused, or victim, even if it has since terminated,

c) They are an ascendant or descendant of the suspect, accused, or victim by blood or affinity,

d) They have an adoptive relationship with the suspect, accused, or victim,

e) They have a blood relationship with the suspect, accused, or victim up to the third degree inclusive,

f) They have an affinity relationship with the suspect, accused, or victim up to the second degree inclusive, even if the marriage has ended,

g) They have acted as public prosecutor, judicial police officer, defense counsel for the suspect or accused, or representative for the victim in the same case,

h) They have been heard as a witness or expert witness in the same case.

Judge who cannot participate in the proceedings

A judge who has participated in a decision or judgment cannot participate in the decision or judgment to be rendered by a higher-level court regarding that judgment.

A judge who has served in the investigation phase of the same matter cannot serve in the prosecution phase.

In the event of a retrial, a judge who served in the previous trial cannot serve in the same matter.

Grounds for recusal of a judge and those who may request recusal

Recusal of a judge may be requested not only in cases where the judge cannot hear the case but also for other reasons that cast doubt on their impartiality.

The public prosecutor, the suspect, the accused or their defense counsel, the intervening party, or their representative may request the recusal of a judge.

Procedure for rendering decisions

Decisions to be made during the hearing are rendered after hearing the public prosecutor, the defense counsel, the representative, and other relevant persons present at the hearing; decisions outside the hearing are rendered after obtaining the written or oral opinion of the public prosecutor.

Requirement for decisions to be reasoned

Every decision of judges and courts, including dissenting opinions, shall be written with a statement of reasons. Article 230 is taken into account in the drafting of the reasoning. Dissenting opinions are also indicated in the copies of the decisions.

Decisions shall specify the legal remedy, the deadline, the authority, and the forms available for appeal.

Notification and service of decisions

A decision rendered in the presence of the relevant party shall be explained to them, and a copy of the decision shall be given if requested.

Except for those concerning protective measures, judge or court decisions against which a legal remedy can be sought shall be served upon the relevant party who is not present.

If the relevant party is not a free person or is detained, the served decision shall be read and explained to them.

Procedure for service and correspondence

The president of the court or the judge performs all kinds of service and correspondence with all natural or private legal persons or public institutions and organizations.

Decisions to be executed are handed over to the Public Prosecutor's Office.

Methods of service

Service shall be performed in accordance with the provisions specified in the relevant law, provided that the special provisions specified in this Law are reserved.

When international treaties accept the sending of written documents directly by mail or other means of communication, service abroad shall be carried out by registered mail with return receipt or other means of communication.

Calculation of time limits

Time limits determined by days begin to run the day after the service is performed.

If the time limit is determined by weeks, it ends at the end of working hours on the day in the last week that corresponds by name to the day the service was performed.

If the time limit is determined by months, it ends at the end of working hours on the day in the last month that corresponds by number to the day the service was performed. If there is no corresponding day by number in the final month, the time limit ends at the end of working hours on the last day of the month.

If the last day falls on a holiday, the time limit ends on the day following the holiday.

Restitutio in integrum

A person who has missed a time limit without fault may request restitutio in integrum (restoration to the previous state).

A person is also considered faultless if they were not notified of their right to seek legal remedies.

Summoning of witnesses

Witnesses are summoned with a summons. The consequences of failing to appear are stated in the summons. In detained cases, a warrant for the forcible appearance of witnesses may be issued. The reasons for this method of appearance are shown in the decision document, and the same procedures as for witnesses who come with a summons are applied to them.

This summons may also be made by utilizing tools such as telephone, telegraph, fax, or electronic mail. However, the consequences attached to the summons do not apply in this case.

The court may order the officers in writing to ensure that witnesses, who are deemed necessary to be heard immediately during the continuation of the hearing, are present at the day and time specified.

The President of the Republic may refrain from testifying at their own discretion. If they wish to testify, their statement may be taken at their residence or they may submit it in writing.

The provisions of this article can only be applied if the person is heard as a witness before a public prosecutor, judge, or court.

Witnesses who do not comply with the summons

Witnesses who have been duly summoned but do not appear without notifying their excuse shall be brought by force, and the expenses caused by their failure to appear shall be assessed and ordered to be paid in accordance with the procedure for the collection of public receivables. If a witness brought by force subsequently provides justifiable reasons for their previous failure to appear, the expenses ruled against them shall be lifted.

The warrant for forcible appearance regarding soldiers in active service is executed through military authorities.

Refraining from testifying

The following persons may refrain from testifying:

a) The fiancé(e) of the suspect or accused.

b) The spouse of the suspect or accused, even if the marriage bond no longer exists.

c) The ascendants or descendants of the suspect or accused by blood or affinity.

d) Relatives by blood up to the third degree or by affinity up to the second degree of the suspect or accused.

e) Those who have an adoptive relationship with the suspect or accused.

(2) Those who are not in a position to understand the importance of refraining from testifying due to minority, mental illness, or mental disability may be heard as witnesses with the consent of their legal representatives. If the legal representative is the suspect or accused, they cannot decide on the refraining of these persons.

(3) Persons who may refrain from testifying are informed before being heard that they may refrain from testifying. These persons may also refrain from testifying at any time while being heard.

Hearing of witnesses

Each witness is heard separately and in the absence of subsequent witnesses.

Until the prosecution stage, witnesses may be confronted with each other and with the suspect only in cases where there is a risk in delay or regarding the identification of identity.

Images or sounds during the hearing of witnesses may be recorded. However, this recording is mandatory in the testimony of;

a) Child victims,

b) Persons who cannot be brought to the hearing and whose testimony is essential for revealing the material truth.

Explaining the importance of their duty to the witness

The witness is informed about;

a) The importance of telling the truth before being heard,

b) That they will be punished for the crime of perjury if they do not tell the truth,

c) That they will take an oath to tell the truth,

d) That they cannot leave the courtroom without the express permission of the court president or judge during the hearing.

Taking an oath from witnesses

Witnesses take an oath separately before testifying. If necessary, or if there is hesitation about whether it is appropriate to hear a person as a witness, the oath may be deferred until after their testimony.

Public prosecutors also take oaths from witnesses during the investigation phase.

Form of the oath

The oath to be taken from the witness shall be in the form of "I swear on my honor and conscience that I will tell the truth I know" before testifying, and "I swear on my honor and conscience that I have told the truth I know" if taken after testifying according to Article 54.

Everyone stands up while the oath is being taken.

Appointment of an expert

In cases requiring specialized, specific, or technical knowledge for resolution, a decision may be made to obtain the opinion and view of an expert, either ex officio or upon the request of the public prosecutor, the intervening party, their representative, the suspect, or the accused, their defense counsel, or legal representative. However, experts cannot be consulted on matters that can be resolved with general knowledge, experience, or the legal knowledge required by the judicial profession. Persons who have studied law cannot be assigned as experts unless they certify that they possess a separate expertise outside the field of law.

It is up to the judge or court to appoint an expert and, by providing a justification, to determine their number as more than one. When requests for the appointment of multiple experts are rejected, a decision is made in the same manner.

During the investigation phase, the public prosecutor may also exercise the powers shown in this article.

Claim for compensation

During a criminal investigation or prosecution; persons who;

a) Are apprehended, detained, or whose continued detention is decided, other than under the conditions specified in the laws,

b) Are not brought before a judge within the legal detention period,

c) Are detained without being reminded of their legal rights or whose request to benefit from the rights they were reminded of is not fulfilled,

d) Are not brought before a judicial authority within a reasonable time even though they were detained in accordance with the law, and against whom no judgment was rendered within that period,

e) Are decided not to be prosecuted or are acquitted after being lawfully apprehended or detained,

f) Are convicted, but whose time spent in custody and detention exceeds their sentence, or who are mandatorily punished only with a fine because the penalty foreseen in the law for the crime they committed is only a fine,

g) Have not been informed of the reasons for their apprehension or detention and the accusations against them, either in writing or, if that is not immediately possible, orally,

h) Whose apprehension or detention has not been reported to their relatives,

i) Against whom a search warrant was executed in a disproportionate manner,

j) Whose goods or other assets have been seized without the necessary conditions being met, or for whom the necessary measures for their protection have not been taken, or whose goods or other assets have been used for non-intended purposes or not returned in time,

k) Who have not been allowed to benefit from the application possibilities provided for in the Law against the apprehension or detention process,

May request from the State all kinds of material and moral damages.

The State shall recourse within one year to the judges and public prosecutors who abuse their duties by acting contrary to the requirements of their duties due to the compensation it has paid.

Duty to initiate a public prosecution

The duty to initiate a public prosecution is carried out by the public prosecutor.

If the evidence collected at the end of the investigation phase creates sufficient suspicion that the crime has been committed, the public prosecutor shall draft an indictment.

The indictment, addressed to the competent and authorized court, shall indicate;

a) The identity of the suspect,

b) The defense counsel,

c) The identity of the deceased, victim, or person harmed by the crime,

d) The representative or legal representative of the victim or the person harmed by the crime,

e) The identity of the informant, if there is no drawback in disclosing it,

f) The identity of the complainant,

g) The date the complaint was made,

h) The charged crime and the articles of law to be applied,

i) The place, date, and time frame where the charged crime was committed,

j) The evidence of the crime,

k) Whether the suspect is detained; if detained, the dates of custody and detention and their durations.

In the indictment, the events constituting the charged crime are explained by associating them with the existing evidence.

In the conclusion part of the indictment, not only the points against the suspect but also the points in their favor are asserted.

In the conclusion part of the indictment, it is clearly stated which of the penalties and security measures provided for in the relevant law are requested to be imposed due to the committed crime; if the crime was committed within the framework of the activity of a legal entity, the security measure that can be applied regarding the relevant legal entity is clearly stated.

Discretion in initiating a public prosecution

In the presence of conditions requiring the application of effective remorse provisions as a personal reason eliminating the penalty, or a personal reason for impunity, the public prosecutor may decide not to prosecute.

Except for crimes within the scope of reconciliation and preliminary payment, the public prosecutor may decide to defer the initiation of a public prosecution for a period of five years for crimes requiring a prison sentence with an upper limit of three years or less, despite the existence of sufficient suspicion. The person harmed by the crime or the suspect may object to this decision according to the provisions of Article 173.

For a decision to defer the initiation of a public prosecution to be made;

a) The suspect must not have been previously convicted of an intentional crime with a prison sentence,

b) The investigation conducted must lead to the conviction that the suspect will refrain from committing a crime if the initiation of the public prosecution is deferred,

c) The deferral of the initiation of the public prosecution must be more beneficial for the suspect and society than initiating a public prosecution,

d) The damage caused to the victim or the public by the commission of the crime, as determined by the public prosecutor, must be fully compensated by restitution, restoration to the state before the crime, or indemnification,

Conditions must be met collectively.

If no intentional crime is committed during the deferral period, a decision of non-prosecution is rendered. If an intentional crime is committed during the deferral period, a public prosecution is initiated. The statute of limitations does not run during the deferral period.

Decisions regarding the deferral of the initiation of a public prosecution are recorded in a system reserved for them. These records can only be used for the purpose stated in this article if requested by the public prosecutor, judge, or court in connection with an investigation or prosecution.

The provisions of this article do not apply to;

a) Crimes of establishing, managing, or being a member of an organization for the purpose of committing a crime, and crimes committed within the framework of organizational activity,

b) Crimes committed by a public official due to their duty or against a public official due to their duty, and military crimes committed by military personnel,

c) Crimes committed against sexual immunity.

Decision of non-prosecution

At the end of the investigation phase, the public prosecutor renders a decision of non-prosecution in cases where sufficient evidence creating suspicion for the initiation of a public prosecution cannot be obtained or where there is no possibility of prosecution. This decision is notified to the person harmed by the crime and the suspect whose statement has been taken or who has been interrogated beforehand. The right to object, the duration, and the authority for the objection are shown in the decision.

After a decision of non-prosecution is rendered, a public prosecution cannot be initiated for the same act unless new evidence creating sufficient suspicion for the initiation of a public prosecution is obtained and a decision is rendered by the peace penal judgeship in this regard.

Upon the determination by a final decision of the European Court of Human Rights that a decision not to prosecute was rendered without an effective investigation, or upon a decision of dismissal as a result of a friendly settlement or a unilateral declaration regarding an application made to the European Court of Human Rights against such a decision, the investigation shall be reopened if requested within three months from the date the decision becomes final.

Objection to the decision of the public prosecutor

A person suffering harm from an offense may object to the peace magistrate's office in the place where the high criminal court, in whose judicial district the public prosecutor who issued the decision of non-prosecution serves, is located, within fifteen days from the date the decision not to prosecute is notified to them.

The petition of objection shall state the facts and evidence that may necessitate the initiation of a public prosecution.

If the peace magistrate's office deems it necessary to expand the investigation in order to reach a decision, it may make a request to the local Chief Public Prosecutor's Office by explicitly stating this matter; if there are not sufficient grounds for initiating a public prosecution, it shall reject the request with justification, sentence the objector to costs, and send the file to the public prosecutor. The public prosecutor shall notify the decision to the objector and the suspect.

If the peace magistrate's office finds the request justified, the public prosecutor shall prepare an indictment and submit it to the court.

The provision of this article shall not apply in cases where the public prosecutor exercises discretionary power regarding the non-initiation of a public prosecution.

In the event of the rejection of the objection, the second paragraph of Article 172 shall be applied in order to initiate a public prosecution for the same act.

Return of the indictment

After examining all documents related to the investigation phase within fifteen days from the date the indictment and investigation documents are submitted, the court shall decide to return the indictment to the Chief Public Prosecutor's Office by specifying the missing or erroneous points if the indictment is;

a) Prepared in violation of Article 170,

b) Prepared without collecting available evidence that would directly affect the proof of the crime,

c) Prepared without applying the preliminary payment, reconciliation, or serial trial procedure in cases where it is clearly understood from the investigation file that such procedures are applicable,

d) Prepared without obtaining authorization or request in crimes where the investigation or prosecution is subject to such authorization or request,

The indictment shall be decided to be returned to the Chief Public Prosecutor's Office.

An indictment cannot be returned due to the legal classification of the crime.

Upon the return of the indictment, the public prosecutor, after completing the deficiencies shown in the decision and correcting the erroneous points, shall prepare a new indictment and send the file to the court, provided that there is no situation requiring a decision of non-prosecution. A new return of the indictment cannot be sought based on reasons not stated in the initial decision.

The public prosecutor may object to the decision of return.

Acceptance of the indictment and preparation for trial

With the acceptance of the indictment, a public prosecution is initiated and the prosecution phase begins.

After the acceptance of the indictment, the court shall set the trial date and summon the persons who are required to be present at the hearing.

Notification of the indictment to the defendant and summoning the defendant

The indictment shall be notified to the defendant together with the summons.

It shall be written on the summons to be notified to a non-detained defendant that they will be brought by force if they do not attend without a valid excuse.

The summoning of a detained defendant shall be carried out by notifying the date of the hearing. The defendant shall be asked whether they wish to make a request to defend themselves at the hearing and, if so, what the request consists of; the defense counsel shall also be invited together with the defendant. This procedure shall be performed by bringing the detainee to the prison clerk or the personnel assigned for this task in the penal institution where the detainee is held and drawing up a report.

In accordance with the paragraphs above, there must be at least one week between the notification of the summons and the date of the hearing.

Request for the collection of the defendant's defense evidence

When the defendant requests the summoning of a witness or expert, or the collection of defense evidence, they shall submit their petition in this regard to the court president or the judge at least five days before the hearing date, indicating the facts to which these relate.

The decision to be made upon this petition shall be notified to the defendant immediately.

The accepted requests of the defendant shall also be notified to the public prosecutor.

Directly bringing to court a witness or expert whose summoning has been rejected

When the court president or the judge rejects a petition for the summoning of a witness or expert witness indicated by the defendant or the intervening party, the defendant or the intervening party may bring those persons to court. These persons shall be heard during the hearing. However, requests made for the purpose of prolonging the case shall be rejected.

Notification of the names and addresses of summoned witnesses to the defendant and the public prosecutor

The defendant shall notify the public prosecutor of the names and addresses of the experts and witnesses they will invite directly or bring during the hearing within a reasonable time.

If the public prosecutor is to invite other persons, either by a decision of the court president or judge or ex officio, other than those indicated in the indictment or invited upon the defendant's request, they shall also notify the defendant of their names and addresses within a reasonable time.

Hearing witnesses and experts by a deputy or via letters rogatory

If it is understood that a witness or expert cannot be present at the hearing for a long and previously unknown time due to illness, disability, or another reason that cannot be remedied, the court may decide to hear them through a deputy or via letters rogatory.

This provision shall also apply to the hearing of witnesses and experts who are difficult to bring because their residences are outside the judicial district of the competent court.

The court hearing the case, unless necessary, cannot decide to hear complainants, intervening parties, defendants, defense counsel or proxies, witnesses, and experts residing within the metropolitan municipality borders via letters rogatory.

If the court requested to perform the letters rogatory is within the metropolitan municipality borders, it shall fulfill the requirement without returning the letters rogatory documents that need to be executed within the metropolitan municipality borders, even if the relevant persons are not within its own judicial district.

According to the content of the paragraphs above, if there is a possibility to hear the witness or expert by using simultaneous audio and visual communication technique, this method shall be used to take their statements. The principles and procedures regarding the establishment and use of the technical equipment to allow this shall be shown in the regulation.

Notification of the day the witness and expert will be heard

The date set for hearing witnesses or experts shall be notified to the public prosecutor, the person suffering harm from the offense, their proxy, the defendant, and the defense counsel. A copy of the prepared report shall be given to the public prosecutor and the defense counsel present.

If a new discovery and examination are needed, the provisions of the paragraph above shall be applied.

A detained defendant may only request to be present in such proceedings if they are to be held at the court where they are detained. However, in cases deemed necessary by the judge or the court, it may be decided that the detained suspect or defendant shall also be present in such proceedings.

Publicity of the hearing

The hearing is open to everyone.

In cases where public morality or public security absolutely requires, the court may decide that a part or the whole of the hearing be held behind closed doors.

The reasoned decision regarding the closed-door hearing and the judgment shall be announced in an open hearing.

Prohibition of using audio and image recording devices

Without prejudice to the provisions of the fifth paragraph of Article 180 and the fourth paragraph of Article 196, any device providing audio or visual recording or transmission capabilities cannot be used inside the courthouse and in the courtroom after the hearing has started. This provision shall also apply to the execution of other judicial proceedings inside and outside the courthouse.

Decision regarding the removal of publicity

In the cases shown in Article 182, the hearing to be held regarding the request to remove publicity shall be held behind closed doors upon request or if deemed appropriate by the court.

Mandatory closure

If the defendant has not completed the age of eighteen, the hearing shall be held behind closed doors; the judgment shall also be announced in a closed hearing.

Recording the closure decision and its reasons

The decision to remove publicity shall be recorded in the minutes together with its reasons.

Presence at the closed-door hearing

In a closed-door hearing, the court may allow some persons to be present. In this case, the named persons shall be warned not to disclose the matters requiring the hearing to be closed, and this shall be recorded in the minutes.

The content of the closed-door hearing cannot be published by any means of communication.

If the content of the open hearing is of a nature that would infringe upon national security or public morality or the dignity, honor, and rights of individuals or incite the commission of a crime, the court shall prohibit the partial or complete publication of the hearing content to the extent necessary to prevent this and shall announce its decision in an open hearing.

Those who will be present at the hearing

It is mandatory that the judges who will participate in the judgment, the public prosecutor, the clerk of the court, and, in cases where the Law accepts mandatory defense, the defense counsel be present at the hearing. If the defense counsel does not attend the hearing without an excuse or abandons the hearing, the hearing may continue.

In a case that will not end in one session, an alternate member may be present to replace and participate in the vote of any member who cannot be present for any reason.

Participation of multiple public prosecutors and attorneys in the hearing

Multiple public prosecutors and multiple attorneys may attend the hearing at the same time, or they may divide the work among themselves.

Adjournment

The hearing shall continue without adjournment and a judgment shall be rendered. However, in cases of necessity, the hearing may be adjourned in a way that allows the case to be concluded within a reasonable time.

If the period determined in Article 176 has not been complied with, it shall be reminded to the defendant that they have the right to request an adjournment of the hearing.

Commencement of the hearing

The hearing shall begin by determining whether the defendant and the defense counsel are present, and whether the summoned witnesses and experts have arrived. The defendant shall be taken to the hearing without handcuffs. The court president or judge shall announce that the hearing has started by reading the decision of acceptance of the indictment.

Witnesses shall be removed from the courtroom.

In the hearing, respectively;

a) The clear identity of the defendant shall be determined, and information shall be obtained from them regarding their personal and economic status,

b) The acts and evidence forming the basis of the accusation in the indictment or the document substituted for the indictment, as well as the legal classification of the accusation, shall be explained,

c) The defendant shall be informed that they have the legal right not to make a statement regarding the charged crime and other rights specified in Article 147,

d) When the defendant declares that they are ready to make a statement, they shall be interrogated in accordance with the procedure.

Duty of the president or judge

The court president or judge shall manage the hearing and interrogate the defendant; they shall ensure the submission of evidence.

If one of the relevant persons at the hearing claims that a measure ordered by the court president regarding the management of the hearing cannot be legally accepted, the court shall make a decision on this matter.

Non-attendance of the defendant at the hearing

Except for cases excepted by law, no hearing shall be held regarding a defendant who is not present. A decision shall be made to bring by force a defendant who has no valid excuse for not attending.

If it is concluded that a decision other than conviction should be rendered regarding the defendant according to the collected evidence, the case may be concluded in the defendant's absence, even if they have not been interrogated.

Departure of the defendant from the court

The defendant who comes to court shall be ensured to be present during the continuation of the hearing, and the court shall take the necessary measures to prevent them from fleeing.

If the defendant flees or does not attend the session following an adjournment, and if they have been interrogated previously and the court does not deem their presence necessary anymore, the case may be concluded in their absence.

Hearing in the absence of the defendant

If the crime requires only or concurrently a judicial fine or confiscation, the hearing may be held even if the defendant does not attend. In such cases, it shall be written on the summons to be sent to the defendant that the hearing will be held even if they do not attend.

Exemption of the defendant from the hearing

If the defendant who has been interrogated by the court, or their defense counsel in cases where they are authorized by the defendant, requests, the court may exempt the defendant from being present at the hearing.

The defendant may be interrogated via letters rogatory, excluding crimes requiring a minimum prison sentence of five years or more. The date set for the interrogation shall be notified to the public prosecutor, the defendant, and the defense counsel. It is not mandatory for the public prosecutor and the defense counsel to be present during the interrogation. Before the interrogation, the defendant shall be asked whether they wish to make their statement before the main court.

The interrogation record shall be read at the hearing.

In cases deemed necessary by the judge or the court, the interrogation of a defendant in the country may be conducted, or their participation in hearings may be decided, by using simultaneous audio and visual communication technique.

It may be decided by the court that a defendant who has been transferred to a hospital or prison outside the judicial district where the trial is held due to illness, disciplinary action, or other mandatory reasons, shall not be brought for sessions where their presence is not deemed necessary, provided that they have been interrogated.

If it is difficult for a defendant abroad to be present on the determined hearing date, their interrogation may be conducted before this date by opening a hearing or via letters rogatory.

Bringing the defendant by force

The court may at any time decide that the defendant be present and be brought by a forcible appearance order or arrest warrant.

Removal of the defendant from the courtroom during interrogation

If there is concern that one of the accomplices or a witness will not tell the truth in the presence of the defendant, the court may decide to remove that defendant from the courtroom during the interrogation and hearing.

When the defendant is brought back, the records shall be read and, if necessary, their contents shall be explained.

Direct questioning

The public prosecutor, the attorney attending the hearing as a defense counsel or proxy, may directly question the defendant, the intervening party, witnesses, experts, and other persons summoned to the hearing, in accordance with the hearing discipline. The defendant and the intervening party may also question through the court president or judge. When an objection is made to a directed question, the court president shall decide whether the question should be asked. If necessary, the relevant persons may ask questions again.

In courts operating as a panel, the judges forming the panel may ask questions to the persons specified in the first paragraph.

Cases where an interpreter will be provided

If the defendant or the victim does not know Turkish to the extent of expressing their intention, the essential points regarding the claim and defense in the hearing shall be translated through an interpreter appointed by the court.

The essential points regarding the claim and defense in the hearing shall be explained to the disabled defendant or victim in a way they can understand.

The provisions of the first and second paragraphs shall also apply to suspects, victims, or witnesses heard during the investigation phase. In this phase, the interpreter shall be appointed by the judge or the public prosecutor.

Furthermore, the defendant may provide their oral defense in another language in which they declare they can express themselves better, upon;

a) The explanation of the indictment,

b) The delivery of the opinion on the merits,

In this case, translation services shall be performed by an interpreter chosen by the defendant from the list created in accordance with the fifth paragraph. The expenses of this interpreter shall not be covered by the State Treasury. This opportunity cannot be abused for the purpose of prolonging the trial.

Interpreters shall be selected from among the persons included in the list prepared annually by the provincial judicial justice commissions. Public prosecutors and judges may select interpreters not only from the lists created for their provinces but also from lists created in other provinces. The procedures and principles regarding the preparation of these lists shall be determined by regulation.

Authority of the judge or president

The order of the hearing shall be ensured by the court president or the judge.

The court president or judge shall order the removal from the courtroom of any person who disrupts the order of the hearing, provided that this does not prevent the exercise of the right of defense.

If the person resists during their removal or causes disturbances, they shall be apprehended and may be immediately placed in disciplinary detention for up to four days by a decision to be made by the judge or the court, excluding attorneys. However, disciplinary detention shall not be applied to children.

Removal of the defendant

If it is understood that the defendant's presence would endanger the orderly conduct of the hearing due to their behavior, the defendant shall be removed from the courtroom. If the court does not deem the defendant's presence necessary for their defense based on the status of the file, it shall continue and conclude the session in their absence. However, if there is no defense counsel for the defendant, the court shall request the appointment of a defense counsel from the bar association. The defendant who is decided to be readmitted to the session shall be informed of the proceedings carried out in their absence.

Proceedings regarding a crime committed during the hearing

If a person commits a crime during the hearing, the court shall determine the event and send the report it will prepare in this regard to the competent authority; it may also decide to arrest the perpetrator if it deems necessary.

Submission and rejection of evidence

After the interrogation of the defendant, the submission of evidence shall begin. However, the fact that the defendant's interrogation could not be conducted due to their non-attendance without an excuse despite notification does not prevent the submission of evidence. The submitted evidence shall be notified to the defendant who arrives later.

A piece of evidence requested to be submitted shall be rejected in the following cases:

a) If the evidence has been obtained illegally.

b) If the event intended to be proven with the evidence has no effect on the decision.

c) If the request was made solely for the purpose of prolonging the case.

If the public prosecutor and the defendant or defense counsel jointly consent, the hearing of a witness or the submission of any other evidence may be waived.

Late notification of evidence and events

A request for the submission of evidence cannot be rejected on the grounds that it or the event intended to be proven was notified late.

Departure of the witness from the courtroom

Witnesses can only leave the courtroom after being heard and with the permission of the court president or judge.

Documents and minutes mandatory to be presented at the hearing

Minutes of the interrogation of the suspect conducted through a deputy judge or letters rogatory, minutes of the statements of the witness heard through a deputy judge or letters rogatory, as well as documents and other writings to be used as evidence such as examination and discovery minutes, criminal record summaries, and documents containing information regarding the personal and economic status of the suspect shall be presented at the hearing.

Upon their express request, the court may decide that documents containing personal data pertaining to the suspect or the victim be presented in a closed session.

Documents not to be read at the hearing

If the evidence of the event consists solely of the statements of a witness, this witness must be heard at the hearing. The reading of a minute prepared during a previous hearing or a written statement cannot replace the hearing of the witness.

When a person who may refrain from testifying refrains from testifying at the hearing, the minute regarding their previous statement cannot be read.

Documents that may suffice to be read at the hearing

a) If the witness or the accomplice of the suspect has died or become mentally ill, or their whereabouts cannot be ascertained,

b) If the presence of the witness or the suspect’s accomplice at the hearing is not possible for an indefinite period due to illness, disability, or another reason that cannot be overcome,

c) If the presence of the witness at the hearing is not deemed necessary due to the importance of their statement,

Instead of hearing these persons, minutes prepared during a previous hearing and documents written by them may be read.

The public prosecutor, the complainant or their counsel, and the suspect or their defense counsel may jointly consent to the reading of minutes other than those specified in the first paragraph.

Reading of the witness's previous statement

If a witness states that they cannot remember a matter, the relevant part of the minute containing their previous statement shall be read to assist them in remembering.

If there is a contradiction between the witness's statement at the hearing and their previous statement, the previously taken statement shall be read to attempt to resolve the contradiction.

Reading of the suspect's previous statement

In case of a contradiction between them, the suspect's statements made in the presence of the judge or the court, and the minutes regarding the statement taken by the public prosecutor or the law enforcement statement at which the defense counsel was present, may be read at the hearing.

Reading of reports, documents, and other writings

After the reading of official documents and other writings containing a statement and opinion, and technical examination and doctor's reports, if deemed necessary, those who have signed the documents, other writings, or reports may be summoned to the hearing to provide explanations.

If the explanation, opinion, or report was provided by a board, the court may suggest to the board to assign one of its members to explain the board's opinion.

Asking for remarks after hearing and reading

After the hearing of an accomplice, witness, or expert, and after the reading of any document, the complainant or their counsel, the public prosecutor, the suspect, and the defense counsel shall be asked whether they have any remarks regarding them.

Discussion of evidence

In the discussion regarding the presented evidence, the floor shall be given in order to the complainant or their counsel, the public prosecutor, the suspect and their defense counsel or legal representative.

The public prosecutor, the complainant or their counsel may respond to the statements of the suspect, their defense counsel, or legal representative; the suspect and their defense counsel or legal representative may also respond to the statements of the public prosecutor and the complainant or their counsel.

Before the verdict, the final word shall be given to the suspect who is present. The absence of a mandatory defense counsel at this stage does not constitute an obstacle to the pronouncement of the verdict.

Discretion to evaluate evidence

The judge may base their decision only on evidence brought to the hearing and discussed in their presence. This evidence is freely evaluated according to the judge's conscientious conviction.

The alleged crime may be proven by any kind of evidence obtained in accordance with the law.

Additional authority of criminal courts

If the proof of the alleged crime depends on the resolution of an issue falling under the jurisdiction of a court other than criminal courts, the criminal court may also issue a decision regarding this issue in accordance with the provisions of this Law. However, it may issue a decision on a preliminary issue regarding the opening of a case in the competent court or the conclusion of an already opened case.

In the event that an issue regarding the determination of the age of the victim or the suspect in terms of criminal provisions is encountered during the prosecution phase, the court shall resolve this issue according to the procedure specified in the relevant law and render its verdict.

Hearing minutes

Minutes shall be kept for the hearing. The minutes shall be signed by the presiding judge or judge and the clerk of the court. If the proceedings at the hearing are recorded by technical means, these records shall be converted into written minutes without delay and signed by the presiding judge or judge and the clerk of the court.

If the presiding judge has an excuse, the minutes shall be signed by the most senior member.

Heading of the hearing minutes

The heading of the hearing minutes shall state:

a) The name of the court where the hearing is held,

b) The dates of the sessions,

c) The name and surname of the judge, the public prosecutor, and the clerk of the court,

Content of the hearing minutes

The hearing minutes shall include:

a) The name and surname of the suspect, defense counsel, complainant, attorney, legal representative, expert, interpreter, and technical advisor participating in the sessions,

b) Elements reflecting the course and results of the hearing and demonstrating that all fundamental rules of trial procedure have been complied with,

c) Statements of the suspect,

d) Statements of witnesses,

e) Explanations of experts and technical advisors,

f) Documents and writings read or those the reading of which was waived,

g) Requests, and the justification in case of refusal,

h) Decisions rendered,

i) The verdict,

Evidentiary power of hearing minutes

How the hearing was conducted and whether it was conducted in accordance with the procedures and principles specified in the law can only be proven by the minutes. Only an allegation of forgery may be directed against the minutes.

Conclusion of the hearing and verdict

The verdict is rendered after it is announced that the hearing is closed. Acquittal, dismissal of the case on the grounds that no punishment is required, conviction, imposition of a security measure, rejection of the case, and abatement of the case constitute the verdict.

An acquittal verdict is rendered in the following cases:

a) The alleged act is not defined as a crime in the law,

b) It is established that the alleged crime was not committed by the suspect,

c) There is no intent or negligence by the perpetrator regarding the alleged crime,

d) Although the alleged crime was committed by the suspect, there is a ground for justification in the event,

e) It is not established that the alleged crime was committed by the suspect,

Regarding the suspect, a decision that no punishment is required is rendered in the following cases:

a) The existence of minority, mental illness, or deafness and dumbness, or temporary causes in relation to the alleged crime,

b) The alleged crime was committed by complying with an unlawful but binding order, or due to a state of necessity, or under the influence of force or threat,

c) Exceeding the limits of legitimate defense due to excitement, fear, and panic,

d) Falling into an error that eliminates culpability,

In cases where, although the committed act continues to have the characteristic of a crime, the perpetrator is not punished due to;

a) Effective repentance,

b) The existence of a personal cause for impunity,

c) Mutual insult,

d) The low content of the injustice of the committed act,

A decision that no punishment is required is rendered.

If it is established that the suspect committed the alleged crime, a conviction verdict is rendered.

If it is established that the crime was committed, a security measure is imposed instead of or in addition to conviction for a certain punishment.

If there is a previously rendered verdict or a case already opened for the same suspect due to the same act, a decision to reject the case is rendered.

In the presence of grounds for abatement foreseen in the Turkish Penal Code, or if it is understood that the condition for investigation or prosecution will not be fulfilled, a decision to abate the case is rendered. However, if it is understood that the investigation or prosecution is conditional and the condition has not yet been fulfilled, a decision to stay the proceedings is rendered to await its fulfillment. This decision can be appealed.

In cases where an immediate acquittal can be rendered, a decision to stay, abate, or that no punishment is required cannot be rendered.

A decision of lack of jurisdiction directed to a judicial authority other than the judicial judiciary is considered a verdict in terms of legal remedy.

Required number of votes in decisions and verdicts

Decisions and verdicts are rendered by the court by unanimity or majority vote.

The dissenting opinion is included in the minutes; its justification is also shown in the minutes.

Subject of the verdict and the court's authority in evaluating the crime

The verdict is rendered only regarding the act and the perpetrator related to the crime whose elements are shown in the indictment.

The court is not bound by the claims and defenses in the characterization of the act.

Change in the nature of the crime

The suspect cannot be convicted of a crime other than the one whose legal elements are shown in the indictment, unless they are notified of the change in the legal nature of the crime and are put in a position to make their defense.

If circumstances requiring an increase in the penalty or the application of security measures in addition to the penalty arise for the first time during the hearing, the same provision is applied.

In cases requiring additional defense, upon request, the suspect is given time to prepare their additional defense.

The notifications written in the above paragraphs are made to the defense counsel, if any. The defense counsel benefits from the rights granted to the suspect just like them.

Judges who will participate in the deliberation

Only judges who will participate in the decision and verdict shall be present at the deliberation.

The presiding judge may allow judge and attorney candidates interning at the court to be present during the deliberation.

Management of the deliberation

The presiding judge manages the deliberation.

Collection of votes

The presiding judge collects the votes separately, starting from the least senior member, and casts their own vote last.

None of the presiding judge or members can refrain from participating in the voting by claiming to be in the minority on any subject or issue.

If the votes are distributed, the vote most unfavorable to the suspect is added to the vote closer to it until a majority is formed.

Matters to be shown in the justification of the verdict

The justification of the conviction verdict shall show the following matters:

a) The views put forward in the claim and defense.

b) The discussion and evaluation of the evidence, the specification of the evidence relied upon and rejected for the verdict; in this context, evidence contained in the file and obtained by unlawful methods shall be shown separately and clearly.

c) The reached conviction, the act of the suspect that is deemed to be established as a crime, and its characterization; taking into account the requests made in this regard, the determination of the penalty according to the order and principles determined in Articles 61 and 62 of the Turkish Penal Code; again, according to Article 53 and subsequent articles of the same Code, the determination of the security measure to be applied instead of or in addition to the conviction.

d) Grounds for the suspension of the penalty, the conversion of the prison sentence into a judicial fine or one of the measures, or the application of additional security measures, or the acceptance or rejection of requests regarding these matters.

The justification of the acquittal verdict must show which of the cases specified in the second paragraph of Article 223 it is based on.

The justification of the decision that no punishment is required must show which of the cases specified in the third and fourth paragraphs of Article 223 it is based on.

In case a decision or verdict other than the provisions specified in the above paragraphs is rendered, the reasons for this are shown in the justification.

Pronouncement of the verdict and suspension of the pronouncement of the verdict

At the end of the hearing, the verdict section, which is recorded in the hearing minutes according to the principles specified in Article 232, is read and its justification is explained in broad outlines.

The suspect who is present is also notified of the legal remedies they can apply to, the authority, and the time limit.

The acquitted suspect is also notified if there is a case where they can request compensation.

The verdict section is listened to by everyone standing.

If the penalty imposed at the end of the trial for the crime charged to the suspect is imprisonment for two years(2) or less, or a judicial fine, the court may decide to suspend the pronouncement of the verdict. Provisions regarding conciliation are reserved. Suspension of the pronouncement of the verdict means that the established verdict does not produce any legal consequences for the suspect.

For a decision to suspend the pronouncement of the verdict to be rendered;

a) The suspect must not have been previously convicted of an intentional crime,

b) The court must conclude that the suspect will not commit a crime again, taking into account their personal characteristics and their attitude and behavior at the hearing,

c) The damage suffered by the victim or the public due to the commission of the crime must be fully compensated by restitution, restoration to the state before the crime, or indemnification,

is required. If the suspect does not accept, a decision to suspend the pronouncement of the verdict is not rendered.

In a verdict for which the suspension of pronouncement has been decided, the imposed prison sentence cannot be suspended and, if it is short-term, it cannot be converted into alternative sanctions.

In case a decision to suspend the pronouncement of the verdict is rendered, the suspect is subjected to a five-year probation period. Within the probation period, a decision to suspend the pronouncement of the verdict cannot be rendered again for an intentional crime for the person. Within this period, for a duration to be determined by the court not exceeding one year, as a probation measure, the suspect may be decided to;

a) If they do not have a profession or trade, attend an education program to ensure they acquire one,

b) If they have a profession or trade, be employed in a public institution or privately under the supervision of someone else who practices the same profession or trade for a fee,

c) Be prohibited from going to certain places, be obliged to attend certain places, or fulfill another measure to be deemed appropriate,

During the probation period, the statute of limitations for the case stops.

If they cannot immediately fulfill the condition specified in subparagraph (c) of the sixth paragraph; a decision to suspend the pronouncement of the verdict can also be rendered on the condition that the suspect fully compensates the damage they caused to the victim or the public by paying it in monthly installments during the probation period.

If a new intentional crime is not committed within the probation period and the obligations regarding the probation measure are complied with, the suspended verdict is abolished, and a decision to abate the case is rendered.

In case a new intentional crime is committed within the probation period or the obligations regarding the probation measure are violated, the court pronounces the verdict. However, the court, by evaluating the situation of the suspect who cannot fulfill the obligations imposed on them, may render a new conviction verdict by deciding that a portion of the penalty, not to exceed half, will not be executed, or if the conditions exist, suspending the prison sentence in the verdict or converting it into alternative sanctions.

The decision to suspend the pronouncement of the verdict can be appealed.

The decision to suspend the pronouncement of the verdict is recorded in a system reserved for this purpose. These records can only be used for the purpose specified in this article if requested by the public prosecutor, judge, or court in connection with an investigation or prosecution.

The provisions of this article regarding the suspension of the pronouncement of the verdict do not apply to crimes included in the revolution laws protected under Article 174 of the Constitution.

Matters to be included in the justification and verdict section

It is written at the beginning of the verdict that it is rendered "on behalf of the Turkish Nation".

At the beginning of the verdict;

a) The name of the court rendering the verdict,

b) The name and surname of the presiding judge and members or the judge, the public prosecutor, and the clerk of the court, the complainant, the victim, the attorney, the legal representative, and the defense counsel, and the clear identity of the suspect,

c) Except for an acquittal verdict, the place, date, and time period where the crime was committed,

d) The date and duration the suspect remained in custody or detention and whether they are still in detention,

are written.

If the justification of the verdict and the dissenting opinion, if any, have not been fully recorded in the minutes, they are placed in the case file within fifteen days at the latest from its pronouncement.

Decisions and verdicts are signed by the judges who participated in them.

If a judge dies or becomes unable to sign the decision for any reason after the result of the verdict is announced but before the reasoned decision is signed, the new judge writes and signs the reasoned decision personally in accordance with the announced verdict. In collective courts, in case such a situation occurs, the verdict is signed by the other judges, and the presiding judge or the most senior judge writes the reason why the other judge could not sign under the verdict and signs it.

In the verdict section, what the decision rendered according to Article 223 is, the applied legal articles, the amount of the penalty imposed, whether there is a possibility to apply for legal remedies and request compensation, and if there is a possibility to apply, the time limit and the authority must be clearly shown without leaving any room for doubt.

Copies and summaries of the verdicts are signed and sealed by the presiding judge or judge and the clerk of the court.

Summoning the victim of the crime and the complainant

The victim and the complainant are summoned by the public prosecutor or the presiding judge or judge with a summons and heard.

Provisions regarding witnesses apply to the summons to be made in this regard.

Rights of the victim and the complainant

The rights of the victim and the complainant are as follows:

a) During the investigation phase;

1. To request the collection of evidence,

2. To request a copy of the document from the public prosecutor, provided that it does not disrupt the confidentiality and purpose of the investigation,

3. If they do not have an attorney, to request that an attorney be appointed to them by the bar association in the crime of sexual assault and crimes requiring a prison sentence with a lower limit of more than five years,

4. To have the investigation documents and the seized and kept items examined through their attorney, provided that it is in accordance with Article 153,

5. Exercising the right to object to the public prosecutor’s decision of non-prosecution in accordance with the procedure prescribed by law.

b) During the prosecution phase;

1. Being notified of the hearing,

2. Joining the public prosecution,

3. Requesting copies of minutes and documents (...),

4. Requesting the summoning of witnesses,

5. Requesting that an attorney be appointed by the bar association if they do not have a representative, in cases of sexual assault and crimes requiring a minimum prison sentence of more than five years,

6. Applying to legal remedies against decisions that conclude the case, provided that they have joined the case.

If the victim is under the age of eighteen, is deaf or mute, or is disabled to the extent that they cannot express their intent and does not have a representative, a representative shall be appointed without requiring a request.

These rights shall be explained to the victims of the crime and the complainant, and this matter shall be recorded in the minutes.

During the investigation or prosecution phase, if it becomes necessary to travel outside the place of residence due to the transfer of the case or forensic medicine procedures, the accommodation, subsistence, and transportation expenses incurred by the victim shall be covered from the Ministry of Justice budget in accordance with the provisions of the Travel Allowance Law No. 6245 dated 10/2/1954.

Failure of the victim and the complainant to comply with the summons

The addresses stated by the victim, the complainant, or their representative in their petitions or in the statements recorded in the minutes shall be taken as the basis for notification.

No further notification shall be made to a person who does not appear despite the summons issued to this address.

In cases where notification cannot be made due to the inaccuracy or incompleteness of the specified address or failure to report a change of address, it is not necessary to investigate the address.

The third paragraph shall not be applied in cases where it is deemed necessary to take the statements of these persons.

Hearing the victim and the complainant

In case the victim is heard as a witness, the provisions regarding testimony shall apply, except for the oath.

A child or a victim whose psychology has been impaired due to the effect of the crime committed may be heard as a witness only once during the investigation or prosecution related to this crime. Cases that are essential for revealing the material truth are reserved.

During the hearing of child victims or other victims whose psychology has been impaired due to the effect of the crime committed as witnesses, a person expert in the fields of psychology, psychiatry, medicine, or education shall be present.

The statements and testimonies of children or victims who are assessed by the public prosecutor or the judge as requiring to be taken in a special environment or for whom there is an objection to facing the suspect or the defendant shall be taken in a special environment through experts.

Statements of children who are victims of crimes regulated in the second paragraph of Article 103 of the Turkish Penal Code during the investigation phase shall be taken through experts in centers providing services for them, under the supervision of the public prosecutor. The victim child's statements and images shall be recorded. During the prosecution phase, this process shall be carried out in these centers through experts by the court or the commissioned judge only if it is necessary to take the victim child's statement or to perform any other procedure to reveal the material truth. The victim child shall be taken to the nearest center regardless of the judicial district and administrative boundaries to perform the procedures specified in this paragraph.

Joining the public prosecution

The victim, those who have suffered damage from the crime (real and legal persons), and those who are materially responsible may join the public prosecution by declaring that they are complainants at any stage of the prosecution phase in the court of first instance until the verdict is rendered.

A request to join the case cannot be made during the appeal/legal remedy process. However, requests to join that were submitted to the court of first instance but were rejected or not decided upon shall be examined and decided upon if they are explicitly stated in the application for legal remedy.

Procedure for joining

Joining occurs after the public prosecution has been initiated, either by submitting a petition to the court or by having the oral application containing the request to join recorded in the hearing minutes.

Upon the statement indicating a complaint during the hearing, the person who has suffered damage from the crime is asked whether they wish to join the case.

A decision is made on whether the request to join the case is appropriate after hearing the public prosecutor, the defendant, and their defense counsel, if any.

Rights of the intervening party

When the victim or the person who has suffered damage from the crime joins the case, they may request that an attorney be appointed by the bar association in cases of sexual assault and crimes requiring a minimum prison sentence of more than five years.

In cases where the victim or the person who has suffered damage from the crime is a child, deaf and mute, or mentally ill to the extent that they cannot defend themselves, a request is not required for the appointment of an attorney.

Effect of joining on the case

Joining does not stay the case.

The hearing for which a date has been set and other procedures related to the trial process shall be conducted on the scheduled day, even if the intervening party cannot be summoned or notified due to time constraints.

Objecting to decisions made prior to joining

Decisions made before joining are not notified to the intervening party.

The intervening party loses the right to apply for a legal remedy against these decisions upon the expiration of the period prescribed for the public prosecutor.

Application for legal remedy by the intervening party

The intervening party may apply for legal remedies independently of the public prosecutor.

If the decision is reversed upon the application of the intervening party, the public prosecutor shall follow up on the case again.

Invalidity of joining

If the intervening party withdraws or dies, the joining becomes invalid. Heirs may join the case to pursue the rights of the intervening party.

Definition of an absent person and possible procedures

A defendant whose whereabouts are unknown, or who is abroad and cannot be brought before the authorized court or whose bringing is not deemed appropriate, is considered absent (gaip).

No hearing is opened for an absent person; the court takes the necessary actions for the purpose of seizing or preserving evidence.

These actions can also be carried out through a commissioned judge or the court requested to take the testimony.

The defense counsel, legal representative, or spouse of the defendant may be present during these actions. When necessary, the court requests that a defense counsel be appointed by the bar association.

Summons to the absent person

The absent person whose address is unknown is summoned via an appropriate communication tool to appear before the court or to report their address.

Guarantee document to be given to the defendant

The court may issue a guarantee document stating that the absent defendant will not be arrested if they appear for the hearing, and this guarantee may be subject to conditions.

If the defendant is sentenced to imprisonment, or is preparing to flee, or does not comply with the conditions to which the guarantee document is subject, the document loses its validity.

Trial of fugitives

A person who hides domestically or is in a foreign country to ensure that the investigation or prosecution against them remains inconclusive, and who therefore cannot be reached by the public prosecutor or the court, is called a fugitive.

If the suspect or defendant, against whom an investigation or prosecution has been initiated for the crimes specified in the second paragraph of Article 248, cannot be reached even after a decision for forced appearance is issued due to their failure to comply with the proper notification made by the authorized public prosecutor or court, the public prosecutor or the court;

a) Decides to announce the summons by posting it on the door of the suspect's or defendant's known residence and publishing it in a newspaper; the announcements shall also explicitly state that if they do not appear within fifteen days, the measures indicated in Article 248 may be ordered,

b) Decides that the suspect or defendant, who does not appear within fifteen days from the date it is established by a minute that these procedures have been carried out, is a fugitive.

Prosecution may be conducted against a fugitive defendant. However, if their interrogation has not been conducted previously, a conviction decision cannot be rendered.

In cases where a hearing is held and the fugitive defendant does not have a defense counsel, the court requests that an attorney be appointed by the bar association.

Summary procedure

At the end of the investigation phase, if it is not decided to defer the filing of the public prosecution regarding the following crimes, the summary procedure is applied:

a) Crimes within the Turkish Penal Code;

1. Trespassing (Article 154, second and third paragraphs),

2. Intentionally endangering general 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 identity or identification information belonging to another person (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 on Firearms and Knives and Other Instruments No. 6136 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.

d) The crime specified in Article 2 of the Law on Roulette, Tilt, Pinball, and Similar Game Devices and Machines No. 1072 dated 13/12/1968.

e) The crime specified in item (1) of the first paragraph of the additional Article 2 of the Cooperatives Law No. 1163 dated 24/4/1969.

The public prosecutor or law enforcement officers inform the suspect about the summary procedure.

The application of the summary procedure is offered to the suspect by the public prosecutor, and this procedure is applied if the suspect accepts the offer in the presence of their defense counsel.

The public prosecutor determines the sanction by applying a fifty percent reduction to the base penalty determined between the lower and upper limits of the penalty prescribed in the legal definition of the crime, taking into account the matters specified in the first paragraph of Article 61 of the Turkish Penal Code.

The prison sentence determined as a result in accordance with the fourth paragraph may be converted into alternative sanctions according to Article 50 of the Turkish Penal Code if the conditions are met, or deferred according to Article 51, by the public prosecutor.

Regarding the sanctions determined according to this article, Article 231 may be applied by analogy by the public prosecutor if the conditions are met.

The application of a sanction within the scope of this article does not prevent the application of provisions regarding security measures.

The public prosecutor requests the application of the summary procedure for the suspect from the authorized court in writing. The request document shall show;

a) The identity of the suspect and their defense counsel,

b) The identity of the victim or those who have suffered damage from the crime, and their representative or legal representative, if any,

c) The alleged crime and related legal articles,

d) The place, date, and time frame where the alleged crime was committed,

e) Whether the suspect is detained; if detained, the dates of detention and the periods thereof,

f) A summary of the events constituting the alleged crime,

g) That the conditions specified in the third paragraph have been met,

h) The determined sanction, and if the fifth and sixth paragraphs have been applied, matters related to these and security measures.

After hearing the suspect in the presence of their defense counsel, if the court is convinced that the conditions in the third paragraph are met and the act falls within the scope of the summary procedure, it renders a judgment in accordance with the sanction determined in the request; otherwise, it rejects the request and sends the file to the Chief Public Prosecutor's Office for the investigation to be concluded according to general provisions. A suspect who does not appear at the court without an excuse is deemed to have waived this procedure.

In cases where the summary procedure cannot be completed for any reason or the investigation is sent to the Chief Public Prosecutor's Office to be concluded according to general provisions, the suspect's statements regarding their acceptance of the summary procedure and other documents related to the application of this procedure cannot be used as evidence in subsequent investigation and prosecution proceedings.

In case the crime is committed in participation, the summary procedure is not applied if one of the suspects does not accept the application of this procedure.

The summary procedure is not applied in cases of minority, mental illness, and being deaf and mute.

In cases where the suspect cannot be reached because they are not at the address declared to official authorities and located in the investigation file, or they are abroad, or for any other reason, the summary procedure is not applied.

The judgment rendered by the court in accordance with the request of the public prosecutor within the scope of the ninth paragraph may be appealed.

The procedures and principles regarding the application of this article are determined by a regulation issued by the Ministry of Justice.

Simple trial procedure

After the acceptance of the indictment, the Criminal Court of First Instance may decide to apply the simple trial procedure for crimes that require a judicial fine and/or a prison sentence with an upper limit of two years or less.

If it is decided to apply the simple trial procedure, the court notifies the indictment to the defendant, victim, and complainant, requesting them to submit their statements and defenses in writing within fifteen days. The notification also states that a judgment may be rendered without a hearing. Furthermore, documents that need to be collected are requested from relevant institutions and organizations.

After the period given for statements and defenses expires, the court may rule on one of the decisions specified in Article 223 without a hearing and without taking the opinion of the public prosecutor, taking into account Article 61 of the Turkish Penal Code. If a conviction is rendered, the resulting penalty is reduced by one-fourth.

The court, if the conditions are met, may convert a short-term prison sentence into alternative sanctions, or defer the prison sentence, or, provided that the defendant does not object in writing, decide to defer the announcement of the judgment.

The method of objection and the consequences of the objection are stated in the judgment.

If deemed necessary by the court, the trial may be continued according to general provisions by opening a hearing at any stage until the judgment is rendered in accordance with this article.

The simple trial procedure is not applied in cases of minority, mental illness, being deaf and mute, and for crimes where investigation or prosecution depends on permission or request.

(8) The simple trial procedure is not applied if a crime within this scope has been committed together with another crime that is not within the scope.

Objection in simple trial procedure

The judgments rendered in accordance with Article 251 may be appealed. Judgments that are not appealed within the time limit become final.

Upon objection, the court that rendered the judgment opens a hearing and continues the trial according to general provisions. The hearing is held even if the parties do not appear, and a judgment may be rendered in their absence in accordance with Article 223. This matter is written in the summons to be sent to the parties. If the objection is waived before the hearing, the hearing is not held and the objection is deemed not to have been made.

When the court renders a judgment in accordance with the second paragraph, it is not bound by the judgment it rendered according to the simple trial procedure within the scope of Article 251. However, in cases where the objection is made by persons other than the defendant, the reduction made in accordance with the third paragraph of Article 251 is preserved.

If the judgment rendered upon objection is in favor of the defendant, if these matters can be applied to other defendants who have not objected, these defendants shall also benefit from the decisions rendered as if they had objected.

Legal remedies may be applied against the judgments rendered in accordance with the second paragraph according to general provisions.

When the court assesses that the objection in the first paragraph was not made on time or was made by someone who does not have the right to apply for a legal remedy, the file is sent to the authority authorized to examine the objection in accordance with the second paragraph of Article 268. The authority examines the reasons and sends its decision to the court for necessary action.

Decisions that can be appealed

The objection path can be taken against judge decisions and, in cases indicated by law, court decisions.

Objection procedure and examination authorities

An objection against a judge or court decision is made, in cases where the law does not provide otherwise, by submitting a petition to the authority that rendered the decision within seven days from the date the interested parties learned of the decision according to Article 35, or by making a statement to the court clerk on the condition that it is recorded in the minutes. The court president or the judge approves the statement and signature recorded in the minutes. The provision of Article 263 is reserved.

The judge or court whose decision is objected to shall correct their decision if they find the objection well-founded; if they do not find it well-founded, they shall send it to the authority authorized to examine the objection within three days at the latest.

The authorities authorized to examine objections are shown below:

a) Examination of objections made to decisions of the criminal judgeship of peace: If there is more than one criminal judgeship of peace in that place, to the judgeship that follows it by number; for the last numbered judgeship, to the first numbered judgeship; if there is only one criminal judgeship of peace in places where there is no heavy penal court, to the criminal judgeship of peace in the place where the heavy penal court in whose jurisdiction it serves is located; if there is only one criminal judgeship of peace in places where there is a heavy penal court, to the criminal judgeship of peace in the place where the nearest heavy penal court is located.

b) The procedure in clause (a) also applies in the case of objection to arrest decisions rendered for the first time by the criminal judgeship of peace upon objection. However, a criminal judgeship of peace that rejects the initial arrest request cannot examine the arrest decision as an objection authority.

c) Examination of objections made to decisions rendered by the judge of the criminal court of first instance belongs to the heavy penal court within whose judicial district they are located, and examination of objections regarding decisions rendered by this court and its president: if there is more than one chamber of the heavy penal court in that place, to the chamber that follows it by number; for the last numbered chamber, to the first chamber; if there is only one chamber of the heavy penal court in that place, to the nearest heavy penal court.

d) Examination of objections made to decisions of the commissioned judge belongs to the president of the heavy penal court to which they are affiliated, and for decisions of the court requested to take testimony, according to the principles specified in the clauses above, to the president of the court or the court in the place where they are located.

e) In objections made to the decisions of the criminal chambers of the regional court of justice and the decisions rendered by the criminal chambers of the Court of Cassation in cases they deal with as the court of first instance: the president of the chamber to which the member who rendered the decision is attached, and for decisions of the chamber president, the criminal chamber that follows the criminal chamber in number; if the last numbered chamber is in question, the first criminal chamber shall examine them.

Effect of the objection on the execution of the decision

An objection does not result in the stay of execution of the decision.

However, the authority whose decision is objected to, or the authority that will review the decision, may decide to stay its execution.

Notification of the objection to the public prosecutor and the opposing party, and the conduct of examination and investigation

The authority that will review the objection may notify the public prosecutor and the opposing party of the objection so that they may respond in writing. The authority may conduct an examination and investigation, and may also order these to be carried out if it deems it necessary.

In the event that an opinion is requested from the public prosecutor upon an objection made in accordance with articles 101 and 105, this opinion shall be notified to the suspect, the defendant, or their defense counsel. The suspect, the defendant, or their defense counsel may submit their opinion within three days.

Decision

Without prejudice to the cases specified by law, the objection is decided without a hearing. However, the public prosecutor and then the defense counsel or attorney are heard when deemed necessary.

If the objection is found to be well-founded, the authority shall also decide on the subject matter of the objection.

The decision shall be rendered as soon as possible.

Decisions rendered by the authority upon objection are final; however, the remedy of objection may be sought against detention decisions rendered for the first time by the authority.

Appeal

The remedy of appeal may be sought against judgments rendered by courts of first instance. However, judgments concerning sentences of fifteen years or more of imprisonment are subject to ex officio review by the regional court of justice.

The remedy of appeal may also be sought, together with the judgment, against court decisions rendered before the judgment which form the basis of the judgment or for which no other legal remedy is provided.

However;

a) Conviction judgments for judicial fines, as determined in total, up to and including three thousand Turkish Liras, excluding judicial fines converted from imprisonment,

b) Acquittal judgments for crimes requiring a judicial fine whose upper limit does not exceed five hundred days,

c) Judgments stated in the laws to be final,

are not subject to appeal. Judgments rendered in this manner shall not constitute a basis for recidivism.

Request for appeal and its duration

A request for appeal is made by submitting a petition to the court that rendered the judgment or by making a statement to the court clerk within seven days from the pronouncement of the judgment; the statement is recorded in the minutes, and the minutes are signed by the judge. The provision of article 263 regarding detained defendants is reserved.

If the judgment was pronounced in the absence of those entitled to appeal, the period begins from the date of notification.

Public prosecutors at high criminal courts may seek the remedy of appeal against judgments of courts of general jurisdiction within the judicial district of their courts within seven days from the date of the decision's arrival at the local chief public prosecutor's office.

The fact that the reasons for the application are not indicated in the petition or statement of the defendant, those who have acquired the status of intervening party in accordance with this Law, as well as those whose request for intervention has not been adjudicated, has been rejected, or who have been harmed by the crime in such a way that they could acquire the status of intervening party, does not prevent the examination.

The public prosecutor shall clearly indicate the reasons for seeking the remedy of appeal along with their justifications in their written request. This request is notified to the relevant parties. The relevant parties may submit their responses regarding this matter within seven days from the date of notification.

Running of the appeal period within the period for restoration of the previous state

The defendant may request the restoration of the previous state against judgments rendered against them in their absence. The appeal period also runs during the period for the restoration of the previous state. In cases where the defendant has requested the restoration of the previous state, they must also file a request for appeal. In this case, matters related to the appeal request are postponed until a decision is made regarding the request for restoration of the previous state.

Effect of the appeal application

An appeal application made within the legal period prevents the judgment from becoming final.

If the judgment has not been explained together with its justification to the public prosecutor or the relevant parties who have sought the remedy of appeal, the justification shall be notified within seven days from the court's knowledge of the appeal against the judgment.

Rejection of the appeal request by the court that rendered the judgment

If the request for appeal is made after the expiration of the legal period, or against a judgment against which an appeal cannot be sought, or if the appellant has no right to appeal, the court that rendered the judgment shall reject the petition with a decision.

The public prosecutor or the relevant parties who have filed an appeal may request a decision on this matter from the regional court of justice within seven days from the notification of the rejection decision to them. In this case, the file is sent to the regional court of justice. However, the execution of the judgment cannot be stayed for this reason.

Notification and response to the appeal request (1)

A copy of the appeal petition or the minutes regarding the statement that has not been rejected by the court that rendered the judgment in accordance with article 276 is notified to the opposing party. The opposing party may submit their response in writing within seven days from the date of notification.

If the opposing party is the defendant, they may also submit their response by making a statement to the court clerk, to be recorded in the minutes. After the response is submitted or the specified period for it has expired, the case file is sent to the regional court of justice.

Distribution of the file in the regional court of justice

When the case file arrives at the regional court of justice, it is assigned to the competent criminal chamber according to the division of labor. The chamber ensures that any deficiencies in the notification process, if any, are remedied.

Preliminary examination on the file

At the end of the preliminary examination conducted on the file;

a) If it is understood that the regional court of justice lacks jurisdiction, a decision is made to send the file to the competent regional court of justice,

b) If it is understood that the application to the regional court of justice was not made within the legal period, that the decision requested to be reviewed is not among the decisions that can be reviewed by the regional court of justice, or that the applicant does not have the right to do so, a decision is made to reject the appeal application.

These decisions are subject to objection.

Examination and prosecution in the regional court of justice

After the regional court of justice examines the file and the evidence submitted along with the file;

a) When it determines that there is no violation of procedure or substance in the decision of the court of first instance, that there is no deficiency in the evidence or actions, and that the evaluation regarding proof is appropriate, it decides to reject the appeal application on the merits; in the presence of the violations included in clauses (a), (c), (d), (e), (f), (g), and (h) of the first paragraph of article 303, it decides to correct the legal violation and reject the appeal application on the merits, (2)(3)

b) If it deems it appropriate to apply the lowest degree of the penalty prescribed in the law for the crime subject to conviction in accordance with the public prosecutor's reason for appeal, it decides to correct the legal violation and reject the appeal application on the merits,

c) In cases where it is required to impose a lighter penalty or to decide that there is no need for a penalty due to personal reasons that remove the penalty or require a reduction in the penalty, or due to personal reasons for impunity, without needing further investigation, it decides to correct the legal violation and reject the appeal application on the merits,

d) In cases where it is necessary to decide on the dismissal of the case without needing further investigation of the incident or to correct an erroneous decision regarding security measures, it decides to correct the legal violation and reject the appeal application on the merits,

e) In the event that there is a reason for a legal violation in the decision of the court of first instance specified in the other clauses of the first paragraph of article 289, excluding clauses (g) and (h), it decides to overturn the judgment and send the file to the court of first instance whose judgment was overturned or to another court of first instance it deems appropriate within its own judicial district for re-examination and judgment,

f) In the event that it is understood that a condition for investigation or prosecution has not been met or that the procedure for preliminary payment and conciliation has not been applied, or if it is necessary to conduct the case together with a case currently pending at the court of first instance, it decides to overturn the judgment and send the file to the court of first instance whose judgment was overturned or to another court of first instance it deems appropriate within its own judicial district for re-examination and judgment,

g) In other cases, after taking the necessary measures, it decides to re-hear the case and to commence the proceedings for the preparation of the hearing.

Preparation for the hearing

At the stage of preparation for the hearing, the presiding judge of the regional court of justice chamber or the member assigned by them shall set the hearing date in accordance with the provisions of article 175; they shall make the necessary summons.

The court decides on the hearing of the witnesses and experts deemed necessary, and on the conduct of a discovery.

Appeal to the Court of Cassation (Temyiz)

Judgments of the criminal chambers of the regional court of justice, excluding those of overturning, may be appealed to the Court of Cassation.

However;

a) Decisions of the regional court of justice to reject the appeal application on the merits against imprisonment sentences of five years or less rendered by courts of first instance and against judicial fines regardless of the amount,

b) Decisions of the regional court of justice that do not increase the imprisonment sentences of five years or less rendered by courts of first instance,

c) Decisions rendered by the regional court of justice regarding decisions of the court of first instance concerning alternative sanctions converted from imprisonment; all kinds of decisions regarding alternative sanctions and decisions rejecting the appeal application on the merits, (2)

d) Except for conviction decisions rendered for the first time by the regional court of justice and falling outside the scope of the third paragraph of article 272, all kinds of decisions of the regional court of justice regarding crimes falling under the jurisdiction of courts of first instance and requiring imprisonment up to two years (including two years) and related judicial fines,

e) All kinds of decisions of the regional court of justice regarding judgments rendered by courts of first instance in crimes requiring a judicial fine,

f) Decisions rejecting the appeal application on the merits regarding court of first instance decisions solely concerning the confiscation of property or proceeds or the lack thereof,

g) Decisions rejecting the appeal application on the merits regarding acquittal decisions rendered by the court of first instance for crimes requiring imprisonment of ten years or less or a judicial fine,

h) Such decisions rendered by the regional court of justice regarding court of first instance decisions concerning the dropping of the case, the lack of need for a penalty, or security measures, or decisions rejecting the appeal application on the merits,

ı) Decisions of the regional court of justice containing more than one of the penalties and decisions in the same judgment, provided that they remain within the limits specified in the clauses above,

cannot be appealed to the Court of Cassation.

Even if they are within the scope of the decisions that cannot be appealed as specified in the second paragraph, decisions of the criminal chambers of the regional court of justice rendered due to the crimes listed below may be appealed to the Court of Cassation:

a) Crimes included in the Turkish Penal Code;

1. Insult (article 125, third paragraph),

2. Threat for the purpose of creating fear and panic among the public (article 213),

3. Incitement to commit a crime (article 214),

4. Praising a crime or a criminal (article 215),

5. Inciting the public to hatred and hostility or degrading (article 216),

6. Incitement to disobey the laws (article 217),

7. Insulting the President (article 299),

8. Degrading the symbols of the State's sovereignty (article 300),

9. Degrading the Turkish Nation, the Republic of Turkey, the institutions and organs of the State (article 301),

10. Armed organization (article 314),

11. Discouraging the public from military service (article 318),

crimes.

b) Crimes included in the second and fourth paragraphs of article 6 and the second paragraph of article 7 of the Anti-Terror Law.

c) Crimes included in the first paragraph of article 28, article 31, and article 32 of the Law on Meetings and Demonstration Marches.

Grounds for appeal to the Court of Cassation

The appeal to the Court of Cassation is based solely on the grounds that the judgment is contrary to law.

Failure to apply a rule of law or incorrect application constitutes a violation of law.

Request for appeal to the Court of Cassation and its duration

A request for appeal to the Court of Cassation is made by submitting a petition to the court that rendered the judgment or by making a statement to the court clerk within fifteen days from the pronouncement of the judgment; the statement is recorded in the minutes, and the minutes are signed by the judge. The provision of article 263 regarding detained defendants is reserved.

If the judgment was pronounced in the absence of those entitled to appeal to the Court of Cassation, the period begins from the date of notification.

Effect of the appeal application to the Court of Cassation

An appeal application made within the legal period prevents the judgment from becoming final.

If the judgment has not been explained together with its justification to the public prosecutor or the relevant parties who have appealed, the justification shall be notified within seven days from the regional court of justice's knowledge of the appeal against the judgment.

Content of the appeal application to the Court of Cassation

The appellant must indicate in the appeal application why they want the judgment to be overturned.

The ground for appeal can only relate to the legal aspect of the judgment.

Justification for appeal to the Court of Cassation

If the grounds for appeal were not indicated in the appeal application, an additional petition containing these grounds shall be submitted to the regional court of justice whose judgment is appealed within seven days from the expiration of the period determined for the appeal application or from the notification of the reasoned decision. In the appeal petition, the public prosecutor clearly states whether the appeal request is in favor of or against the defendant.

If the appeal has been made by the defendant, the additional petition is submitted signed by them or their defense counsel.

If there is no defense counsel, the defendant may explain their justification by making a statement to the court clerk, to be recorded in the minutes; the minutes are signed by the judge. The provisions of article 262 regarding the defendant's legal representative and spouse, and article 263 regarding the detained defendant, are reserved.

Rejection of the appeal request by the court that rendered the judgment due to inadmissibility

If the appeal request was made after the expiration of the legal period, or if a judgment that cannot be appealed was appealed, or if the appellant has no right to appeal, the regional court of justice or the court of first instance whose judgment is appealed shall reject the appeal request with a decision.

The appellant may request a decision on this matter from the Court of Cassation within seven days from the notification of the rejection decision to them. In this case, the file is sent to the Court of Cassation. However, the execution of the judgment cannot be stayed for this reason.

Notification and response to the appeal petition, duty of the Court of Cassation Chief Public Prosecutor's Office

A copy of the petition regarding the appeal request that has not been rejected by the regional court of justice that rendered the judgment in accordance with article 296 is notified to the opposing party. The opposing party may submit their response in writing within seven days from the date of notification.

After the response is submitted or the specified period for it has expired, the case file is sent by the regional court of justice to the Court of Cassation Chief Public Prosecutor's Office.

The notification draft prepared by the Court of Cassation Chief Public Prosecutor's Office is notified by the relevant chamber to the defendant or defense counsel and the intervening party or their attorneys, if they have appealed the judgment or if it contains an opinion that may result against them. The relevant party may submit a written response within one week from the notification.

Rejection of the appeal request

The Court of Cassation shall reject the appeal request if it determines that the appeal application was not made within the legal period, that the judgment cannot be appealed, that the appellant does not have the right to do so, or that the appeal petition does not contain grounds for appeal.

Hearing examination

In judgments concerning imprisonment of ten years or more, the Court of Cassation may conduct its examination through a hearing if it deems it appropriate. The defendant, the intervening party, the defense counsel, and the attorney are notified of the hearing date. The defendant may be present at the hearing, or may be represented by a defense counsel.

If the defendant is detained, they cannot request to attend the hearing.

Procedure at the hearing

The report prepared by the member or examining judge assigned before the hearing is explained to the members. The members also personally examine the file. After these matters are realized, the hearing is opened.

At the hearing, the Court of Cassation Chief Public Prosecutor or the Court of Cassation public prosecutor assigned in their place, the defendant, the defense counsel, the intervening party, and the attorney explain their claims and defenses. The party that requested the appeal is given the floor first. In any case, the final word belongs to the defendant.

Matters to be examined in the appeal to the Court of Cassation

The Court of Cassation conducts examinations only regarding the matters specified in the appeal application and, if the appeal request stems from procedural deficiencies, the events indicating this in the appeal application.

Rejection of the appeal request on the merits or overturning of the judgment

In the event that the appealed judgment of the regional court of justice is found to be in accordance with the law by the Court of Cassation, a decision is made to reject the appeal request on the merits.

The Court of Cassation overturns the appealed judgment due to the violations of law of a nature to affect the judgment as indicated in the appeal application. The reasons for overturning are indicated separately in the decree.

When the judgment is overturned for the reasons indicated in the appeal petition, all other violations of law determined, even if not explained in the petition, are also indicated in the decree.

If the violation of law causing the overturning of the judgment stems from the actions determined as the basis for this judgment, these are also overturned at the same time.

Cases where the Court of Cassation will decide on the merits of the case, correction of the violation of law

If the judgment has been overturned due to a violation of law in the application of the events determined as the basis for the judgment, the Court of Cassation may decide on the merits of the case or correct the violation of law in the judgment in the following cases:

If it is necessary to render a judgment of acquittal or dropping of the case or a fixed penalty without lower and upper limits without requiring further clarification of the incident.

If it deems it appropriate to apply the lowest degree of the penalty prescribed in the law to the defendant in accordance with the claim of the Court of Cassation Chief Public Prosecutor's Office.

If the elements, nature, and penalty of the crime determined by the court are correctly shown in the judgment, but only the law article number has been written incorrectly.

If the law that entered into force after the judgment has reduced the penalty for the crime and it has not been accepted as an aggravating factor by the court in determining the penalty to be given to the defendant, or if the act has been decriminalized by a new law, if it is necessary to impose a lesser penalty in the first case and not to impose any penalty in the second case.

If the necessary reduction has not been made or an incorrect reduction has been made in determining the penalty to be given according to the clearly determined birth and crime dates of the defendant.

If a material error has been made in determining the duration or amount of the penalty to be given as a result of an increase or reduction.

If an incomplete or excessive penalty has been given due to non-observance of the order in article 61 of the Turkish Penal Code.

If there is a contradiction with the provisions of the Law on Fees regarding litigation expenses and the fee tariff regulated in accordance with the Attorneys' Law.

Authority to which the Court of Cassation decision shall be sent

The file regarding the decisions rendered by the Court of Cassation in accordance with the first paragraph of Article 302 or Article 303 shall be submitted to the Office of the Chief Public Prosecutor at the Court of Cassation to be sent to the court of first instance, and a copy of the decision shall be sent to the regional court of justice.

The Court of Cassation shall send the file to the regional court of justice whose judgment was overturned, or to another regional court of justice, for re-examination and judgment in cases other than those specified in Article 303. However, the reversal decision is sent;

a) If it concerns a decision rejecting an appeal on the merits, the file is sent to the court of first instance that rendered the decision for the necessary action,

b) If it concerns a decision rejecting an appeal on the merits by correcting the unlawfulness, the file is sent to the court of first instance that rendered the decision for the necessary action, or to the regional court of justice if deemed appropriate by the Court of Cassation in line with the content of the reversal decision,

In cases where the file is sent to the court of first instance, a copy of the decision is also sent to the regional court of justice.

If the judgment is overturned because the court unlawfully considered itself authorized or competent, the Court of Cassation shall also send the file to the authorized or competent court.

The file regarding the decision rendered by the court of first instance concerning judgments that are directly subject to appeal shall be submitted to the Office of the Chief Public Prosecutor at the Court of Cassation to be sent to the court of first instance that rendered the judgment.

Proceedings of the court that will re-examine the case

Upon the reversal decision rendered by the Court of Cassation, the regional court of justice or the court of first instance that will re-examine the case shall ask the relevant parties for their statements against the reversal.

Even if the statements against the reversal have not been established because the invitation could not be served to the addresses of the defendant, their defense counsel, the intervening party, and their attorney present in the file, or because they did not appear at the hearing despite the service of the invitation, the hearing may continue and the case may be concluded in their absence. However, if the penalty to be imposed on the defendant is heavier than the penalty subject to reversal, they must be heard in any case.

In case of compliance with the reversal decision rendered by the Court of Cassation, the decision rendered by the court of first instance may only be appealed, regardless of the appeal or cassation limits.

The regional court of justice or the court of first instance has the right to resist the reversal decision rendered by the Court of Cassation. Decisions of resistance shall be sent to the chamber whose decision is resisted. The chamber shall examine the decision of resistance as soon as possible and correct its decision if it finds it appropriate; if not, it shall send the file to the General Criminal Assembly of the Court of Cassation. Decisions rendered by the General Criminal Assembly of the Court of Cassation upon resistance cannot be resisted.

If the judgment has been appealed only by the defendant or by the public prosecutor or the persons indicated in Article 262 in their favor, the newly rendered judgment cannot be heavier than the penalty determined by the previous judgment.

Extraordinary Appeals

Authority of the Chief Public Prosecutor at the Court of Cassation to object

The Chief Public Prosecutor at the Court of Cassation may object to the General Criminal Assembly against the decision of one of the criminal chambers of the Court of Cassation, ex officio or upon request, within thirty days from the date the judgment is served to them. No time limit is sought for objections in favor of the defendant.

Upon objection, the file is sent to the chamber whose decision is objected to.

The chamber examines the objection as soon as possible and corrects its decision if it finds it appropriate; if not, it sends the file to the General Criminal Assembly of the Court of Cassation.

Authority of the Chief Public Prosecutor's Office at the regional court of justice to object

The Chief Public Prosecutor's Office at the regional court of justice may object to the chamber that rendered the decision against the definitive decisions of the criminal chambers of the regional court of justice, ex officio or upon request, within thirty days from the date the decision is served to them. No time limit is sought for objections in favor of the defendant. The chamber examines the objection as soon as possible and corrects its decision if it finds it appropriate; if not, it sends the file to the board of presidents of the criminal chambers to examine the objection. Regarding the objection sent to the board, a report is prepared by the president of the chamber whose decision is objected to or a member appointed by them to be presented to the board. The board's decisions regarding the acceptance of the objection are sent to the chamber for necessary action. The decisions rendered by the board are final. In regional courts of justice with more than four criminal chambers, the board of presidents, consisting of four members determined by the Council of Judges and Prosecutors from among the chamber presidents, conducts this examination. The working procedures and principles of the board of presidents regarding this article are determined by the Council of Judges and Prosecutors.

Reversal for the benefit of the law

The Ministry of Justice, upon learning that there is an unlawfulness in a decision or judgment rendered by a judge or court that has become final without undergoing appellate or cassation review, shall notify the Office of the Chief Public Prosecutor at the Court of Cassation in writing of the request for the reversal of that decision or judgment by the Court of Cassation, specifying the legal reasons.

The Chief Public Prosecutor at the Court of Cassation shall submit their letter containing the request for the reversal of the decision or judgment to the relevant criminal chamber of the Court of Cassation by writing these reasons exactly as they are.

If the criminal chamber of the Court of Cassation finds the reasons put forward appropriate, it shall reverse the decision or judgment for the benefit of the law.

Reasons for reversal:

a) If it concerns a decision defined in Article 223 and which does not resolve the merits of the case, the judge or court that rendered the decision shall render a new decision as a result of the necessary examination and investigation.

b) If it concerns the aspect of the judgment regarding conviction that does not resolve the merits of the case or procedural actions that result in the removal or restriction of the right of defense, the necessary judgment shall be rendered according to the result of the new trial to be conducted by the judge or court that rendered the decision. This judgment cannot be heavier than the penalty determined by the previous judgment.

c) If it concerns judgments other than conviction that resolve the merits of the case, it does not have adverse consequences and does not require a new trial.

d) If it requires the removal of the convict's penalty, the Court of Cassation criminal chamber shall directly rule for the removal of the penalty, and if it requires the imposition of a lighter penalty, it shall directly rule for this lighter penalty.

(5) No resistance can be made against the reversal decision rendered in accordance with this article.

Application by the Chief Public Prosecutor at the Court of Cassation for the benefit of the law

The authority specified in Article 309 may also be exercised by the Chief Public Prosecutor at the Court of Cassation ex officio for the benefit of the law, exclusively for the cases in clause (d) of the fourth paragraph of the same article.

When an application is made by the Ministry of Justice in accordance with Article 309, this authority can no longer be exercised by the Chief Public Prosecutor at the Court of Cassation.

Retrial

Reasons for retrial in favor of the convict

A case concluded with a final judgment shall be retried in favor of the convict through retrial in the following cases:

a) If it is understood that a document used during the hearing and affecting the judgment is forged.

b) If it is understood that a witness or expert who has been heard under oath has given untruthful testimony or cast their vote with intent or negligence to the detriment of the convict in a way that affects the judgment.

c) If one of the judges who participated in the judgment has failed in their duties in a way that would require a criminal prosecution or conviction with a penalty against them, excluding the fault caused by the convict.

d) If the criminal judgment was based on a judgment of a civil court and this judgment has been set aside by another final judgment.

e) If new facts or new evidence are presented and they, by themselves or together with previously presented evidence, are of a nature to require the acquittal of the defendant or the conviction of the defendant by applying a legal provision containing a lighter penalty.

f) It has been determined by a final decision of the European Court of Human Rights that the criminal judgment was rendered in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its protocols and that the judgment is based on this violation, or that a decision of dismissal has been rendered as a result of a friendly settlement or unilateral declaration regarding the application made to the European Court of Human Rights against the criminal judgment. In this case, retrial may be requested within one year from the date the European Court of Human Rights decision becomes final.

Reasons for retrial to the detriment of the defendant or convict

A case concluded with a final judgment shall be retried to the detriment of the defendant or convict in the following cases:

a) If it is understood that a document presented in favor of the defendant or convict at the hearing and affecting the judgment is forged.

b) If one of the judges who participated in the judgment has failed in their duties in favor of the defendant or convict in a way that would require a criminal prosecution or conviction with a penalty against them.

c) If the defendant has made a credible confession regarding the crime before a judge after being acquitted.