How to Initiate a Public Prosecution?

If sufficient evidence to raise reasonable suspicion is collected in a criminal investigation, the public prosecutor prepares an indictment ; once the indictment is accepted by the court, a public prosecution is initiated . (Code of Criminal Procedure, Articles 160–172, 170, 174)

1) The crime is learned by the prosecutor's office and the investigation begins

• The prosecutor's office learns of the crime through a report/complaint or on its own initiative

• Judicial law enforcement collects evidence under instruction: camera footage, call records, witnesses, expert opinions, on-site investigations, searches and seizures, and digital examinations.

• In offenses that depend on a complaint , the victim must file a complaint within 6 months of learning about the act and the perpetrator ; otherwise, a public prosecution cannot be initiated (if there is no complaint, the procedure is stalled even if sufficient suspicion is reached).

2) Sufficient Threshold of Suspicion

• the collected evidence creates "sufficient suspicion that a crime has been committed," an indictment is written.

• If there is no suspicion, the prosecutor a decision of no grounds for prosecution (KYOK) . The victim appeal (CMK article 173).

3) Preparation of the Indictment (Code of Criminal Procedure, Article 170)

The indictment states, at a minimum:

• Suspect's identity, victim/complainant information

• Place, date, and time of the crime

• Description of the event and evidence

• The requested legal articles

• The referral documents and request are included.
  The prosecutor the competent court (e.g., Criminal Court of First Instance/Criminal Court of First Instance).

4) Examination of the Indictment by the Court (Code of Criminal Procedure, Article 174)

• The court examines the form and content of the indictment and whether it meets the legal requirements

• If there are deficiencies, "return of indictment" decision; the prosecution can correct the deficiencies and resubmit it.

• If accepted , a public prosecution is initiated , and the trial phase begins; a case number is assigned, and preparations for the hearing are made.

5) The Moment of Commencement of Public Prosecution

• The legally decisive moment is the acceptance of the indictment . The prosecutor's preparation of an indictment alone does not initiate a case.

• After the acceptance decision the indictment is served on the defendant; a trial date is set.

6) Exceptions and Alternative Procedures (Institutions that Can Prevent Opening Beforehand)

• Mediation (CMK Articles 253-255): In cases involving offenses listed in the catalog, the prosecutor's office refers the case for mediation. If mediation is achieved, a public prosecution is not initiated.

• Prepayment: In some minor offenses, if the perpetrator pays a predetermined amount, no charges will be filed.

• Postponement of the initiation of public prosecution – Article 171 of the Code of Criminal Procedure: In certain offenses punishable by imprisonment of 3 years or less, postponement may be granted if certain conditions are met; if the suspect completes the probation period without causing problems, the case is dismissed.

• Expedited trial: In cases involving offenses listed in the catalog , a swift decision is made if the suspect accepts the prosecutor's proposal ; no prosecution is initiated in the classical sense.

7) Competent and Authorized Court

• The Magistrates' Court is the rule for ordinary criminal cases; the High Criminal Court is responsible for serious crimes.

• Jurisdictionlies with the court of the place where the crime was committed; in highly localized crimes such as cyber/mail crimes, the location of the victim and the final act are also strongly related. Objections to jurisdiction the initial objection period.

8) After the Prosecution Begins

• Trial preparations are made, evidence is presented, witness lists are prepared, and notifications are issued.

• Simplified trial procedure (Article 251 of the Code of Criminal Procedure) can be applied in cases with a maximum sentence of 2 years if the conditions are met; if an objection is raised, it reverts to a regular trial.

• Protective measures such as arrest/judicial control may be considered, provided that they are proportionate and necessary

9) Common Mistakes – Practical Notes for Lawyers

• Incomplete complaint: Exceeding six months in cases of offenses subject to complaint; failure to include information about the perpetrator.

• Evidence tampering: Camera recordings may take a short time to delete; request them immediately and a warrant issued.

• Misclassification: Instead of categorizing the incident into a single type (e.g., simply writing "peace and tranquility"), consider alternative referral clauses; the prosecutor might be able to determine a more accurate type when including it in the indictment.

• Negligence of authority/duty: Referring the case to the wrong court return of the case and delay.

• Skipping the opportunity for mediation/prepayment/debtreconciliation: Sometimes the best solution for the common good to avoid litigationaltogether.

10) Summary Flowchart (single paragraph)

Suspicion of crime → Prosecutor's investigation (evidence gathering) → Sufficient suspicion → Indictment → Court's return/acceptance review → Acceptance = Opening of public prosecution → Prosecution (trial) → Verdict.
(If conciliation/prepayment/KDE conditions exist, this line can suspend the case before the indictment.)

Who initiates a public prosecution? The public prosecutor; the court that accepts the complaint considers the public prosecution to have been initiated.
If I have a complaint, do I initiate the case? No. A complaint is a prerequisite for the prosecutor's office to start an investigation; the prosecutor initiates the case.
What happens if the indictment is returned? The prosecutor's office completes the missing information and resubmits it; the case is not considered initiated until it is accepted.
if there is a settlement? A public prosecution is not initiated; if it has been initiated, it is dismissed.
Are KDE and HAGB the same? No. KDE is before the indictment; HAGB is the postponement of the judgment and its announcement.

Conclusion

The critical threshold for initiating a public prosecution is sufficient suspicion and acceptance of the indictment . The strategic approach is to correctly establish the complaint-evidence-jurisdiction-duty framework from the outset, to utilize alternatives such as conciliation/prepayment/decision-making at the right time, and to submit a complete case report to the prosecutor's office that eliminates the risk of extradition

                                                                                                                                           Ada Ceren KENDİGELEN