Suspect and Defendant in Criminal Procedure
DEFENSE IN CRIMINAL PROCEDURE: SUSPECT AND ACCUSED STATUSES, RIGHTS AND OBLIGATIONS Criminal procedural law deals with the relationship between the state's power to punish (jus puniendi) and the individual's... Read More
Mediation in Criminal Procedure
1. Introduction: What is Mediation and Why is it Important? In criminal proceedings, mediation, alongside the punitive approach centered on the classical "crime-punishment" dichotomy, aims to redress the victim's harm and to ensure the perpetrator's... Read More
Dismissal of Public Prosecution
In criminal proceedings, "dismissal" means that there is no longer any legal benefit in continuing the public prosecution, or that one of the grounds for termination explicitly stipulated by law has occurred. Read More
Circumstances in Which the Prosecutor Has Discretionary Power in Initiating Public Prosecution
The engine of criminal proceedings is the public prosecutor. Whether or not a public prosecution will be initiated, or which procedure will be followed, often depends on the prosecutor's discretion, bound by law. This discretion... Read More
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. (CMK m.160–172, 170,...). Read More
What is a Public Prosecution?
One of the most frequently encountered terms in Turkish criminal proceedings is **“public prosecution”**. Although it is used interchangeably with criminal prosecution in everyday language, it is actually a public prosecution... Read More
Procedural Rules and Competent Court in the Crime of Stalking (Turkish Penal Code Article 123/A)
Summary: Persistent stalking (Turkish Penal Code Article 123/A) is subject to complaint, falls within the scope of mediation, and as a rule, the Magistrates' Criminal Court has jurisdiction. The basic type is a simplified trial (6 months–2 years)... Read More
Suspension of Punishment or Conversion to a Fine for the Crime of Persistent Stalking (Turkish Penal Code Article 123/A – Articles 50 – Articles 51)
Stalking (Turkish Penal Code Article 123/A) carries a basic sentence of 6 months to 2 years imprisonment, and in aggravated cases, a sentence of 1 to 3 years imprisonment. Where you fall within this range will affect the judicial penalty... Read More
The Crime of Persistent Stalking (Turkish Penal Code Article 123/A) and the Postponement of the Announcement of the Verdict (HAGB)
Stalking is a crime subject to complaint; the basic penalty is 6 months to 2 years, and in aggravated cases, 1 to 3 years imprisonment. For a suspended sentence to be applied, the imposed sentence must be 2... Read More
Punishment for the Crime of Stalking (Turkish Penal Code Article 123/A)
Stalking is a distinct type of crime defined for actions that systematically target the victim's privacy and sense of security. The basic penalty is the perpetrator's persistent... Read More