Expedited Trial Procedure

The expedited trial procedure was introduced into our legal system by Law No. 7188. Its implementation began on January 1, 2020. For the first time in the Turkish criminal law system, the prosecutor was given the authority to determine the penalty through the expedited trial procedure. According to Article 250 of the Code of Criminal Procedure (CMK), during the preliminary investigation for crimes explicitly specified in the law, if sufficient suspicion is reached, and upon notification by the public prosecutor or law enforcement, and acceptance by the suspect, in the presence of their lawyer, of a proposal made personally by the public prosecutor, the sentence is reduced by half and determined by the public prosecutor, and this determined sentence is then approved by the court. The expedited trial procedure is designed for a limited number of crimes and allows the suspect to receive a lesser sentence based on an agreement with the prosecutor in the presence of their lawyer. This system differs from the classical criminal procedure system. Here, there is no indictment, nor is there any evaluation of evidence by the judge. In light of all this information, the differences between the expedited trial procedure and the classical CMK system will be examined.

Advantages of the Expedited Trial Procedure from the Suspect's Perspective

• The suspect will be able to benefit from legal procedures that would normally not apply to him thanks to the 50% reduction in sentence.
• The suspect will be exempt from court costs. In addition, he will avoid facing the public in a public trial.
• The uncertainty surrounding when the trial will end and the severity of the punishment, as determined by general procedural rules, is eliminated, and the suspect has the opportunity to know what awaits them in a very short time.
• Furthermore, by ensuring the perpetrator understands that they cannot escape punishment and will be punished quickly, their rehabilitation will be faster, easier, and less costly, thus contributing to procedural efficiency.

Benefits from the Perspective of Judicial Authorities

• Processing files more quickly and with less effort will save time and labor. (Contribution to procedural economy.)
• Since the time and effort saved can be used in other cases, it will be possible to ensure a fairer trial in those cases.
• The fact that sentences are handed down more quickly in these cases, and that fairer trials are conducted in other cases, will increase public confidence in the judicial process.

Benefits for Society

• Public order, which has been disrupted, will be restored in a shorter period of time.
• By punishing the perpetrator as soon as possible, the general and specific deterrent aims of punishment will be achieved in a short time.
• Increased trust in the judicial system will particularly help prevent other potential crimes from being committed.

When we evaluate the aims of the Expedited Trial Procedure, we see that it aims to reduce the workload of the judiciary. The Expedited Trial Procedure is explicitly regulated in Article 250 of the Code of Criminal Procedure (CMK). According to the provision of this article, it is clearly understood that the workload of the judiciary and procedural economy are taken into consideration. Article 250 of the CMK states that "...in crimes below a certain level of importance, the trial process is freed from formalities and shortened, and the disrupted public order is restored by providing an effective and proportionate response to the crimes committed in a short time...". The general justification of Law No. 7188 also states that "The creation of a well-functioning and effective criminal justice system is among the fundamental aims of the rule of law. In order to achieve this aim, the development of alternative dispute resolution methods to resolve disputes in society in the shortest time, with the least cost, in the most effective and satisfactory way is encouraged worldwide, and legislative changes are made to develop and disseminate alternative dispute resolution methods and to develop simple and rapid trial procedures without violating the right to a fair trial.".

Article 250 of the Code of Criminal Procedure (CMK) sets out many conditions for the application of the Expedited Trial Procedure. Some of these conditions are characteristics that must be present in the perpetrator or the crime committed, while others are characteristics that must not be present. The public prosecutor has no discretionary power regarding the application of the Expedited Trial Procedure. It is sufficient for the conditions explicitly stated in the law to be met for this procedure to be applied. According to the article of the law, the conditions required for the application of the Expedited Trial Procedure are listed as follows:

• There must be sufficient suspicion that the suspect committed the crime
• The crime must be prosecuted if possible
• The fact that no decision has been made to postpone the initiation of public prosecution,
• The crime falls within the scope of the expedited trial procedure;

Crimes Listed in the Turkish Penal Code

• Trespassing on property to which one has no right (Article 154, second and third paragraphs),
• Deliberately endangering public safety (Article 170),
• Endangering traffic safety (Article 179, second and third paragraphs),
• Causing noise (Article 183),
• Counterfeiting of currency (Article 197, second and third paragraphs),
• Breaking the seal (Article 203),
• False statement in the preparation of an official document (Article 206),
• Providing a place and facilities for gambling (Article 228, first paragraph),
• Using someone else's identity or identity information (Article 268).

Crimes Defined in Special Laws

• The offenses specified in the first, third, and fifth paragraphs of Article 13 and the first, second, and third paragraphs of Article 15 of Law No. 6136 on Firearms, Knives, and Other Instruments,
• The crime specified in the first paragraph of Article 93 of the Forestry Law No. 6831,
• The offense specified in Article 2 of Law No. 1072 on Roulette, Tilt, Pinball and Similar Gaming Devices and Machines,
• It is the crime specified in item (1) of the first paragraph of the second additional article of the Cooperatives Law No. 1163.
• The suspect must not be a child, mentally ill, or deaf and mute
• If the crime is committed jointly, all suspects must agree to the application of the procedure
• The suspect has been apprehended.

Once the conditions for applying the Expedited Trial Procedure to the suspect have been met, the stage of sending a summons to the suspect will begin. In this context, regardless of whether the suspect has been previously informed by law enforcement, the Public Prosecutor invites the suspect to inform them about the expedited trial procedure and to make an offer. This invitation can be sent digitally or by mail. The invitation clearly states and documents which crime the suspect is being investigated for, whether the crime falls within the scope of the expedited trial procedure, that the suspect has been informed of the expedited trial procedure and can appear before the Public Prosecutor's office with their lawyer on the specified date, and that failure to appear without a valid excuse will be considered a waiver of this procedure. If the suspect fails to appear without a valid excuse, the Public Prosecutor prepares a report and adds it to the investigation file.

The proposal for the application of the Expedited Trial Procedure will be made to the suspect by the Public Prosecutor after all this information has been provided. When proposing the penalty for the crime committed by the suspect, the Public Prosecutor will consider Article 61/1 of the Turkish Penal Code, determining the basic penalty within the lower and upper limits of the crime, and then reducing this penalty by half. When determining the basic penalty, aggravating and mitigating circumstances related to the suspect's actions are not taken into account. For example; attempted crime, aiding and abetting, probable intent, serial crime, etc. At the same time, if the conditions related to this determined penalty exist, the Public Prosecutor may order a suspended sentence, or if the final penalty is imprisonment, it may be converted to alternative sanctions in accordance with Article 50 of the Turkish Penal Code, or it may be suspended in accordance with Article 51.

Following the offer, upon the suspect's request, a reasonable period of time, not exceeding one month, may be given for the suspect to consider the offer. The procedure applies if the suspect accepts the offer freely and in the presence of their lawyer. If the suspect explicitly rejects the offer or fails to appear within the given time without a valid excuse, the investigation continues according to the general rules of procedure. The suspect may request the application of the expedited trial procedure from the public prosecutor until the indictment is prepared.

If the suspect accepts the proposal for the expedited trial procedure, the public prosecutor shall prepare a request addressed to the court, requesting the application of the expedited trial procedure. The mandatory elements to be included in the request are as follows:

• The suspect's identity and defense attorney,
• The identity of the victim or those harmed by the crime,
• The alleged crime and the relevant legal articles,
• The date, place, and time of the crime,
• Whether the suspect is in custody,
• If arrested, detention periods and arrest

Furthermore, the request must clearly state a summary of the incident constituting the crime committed by the suspect, whether the conditions specified in Article 250/3 of the Code of Criminal Procedure have been met, and if Articles 250/5 and 6 have been applied, the relevant provisions and security measures must also be clearly indicated.

The public prosecutor requests the competent court to implement the procedure in writing and sends the suspect and their lawyer to court on the same day. The court immediately examines the request, hears the suspect, and concludes the procedure. If the request is not prepared in accordance with the regulations of the expedited trial procedure or Article 250 of the Code of Criminal Procedure, it is returned to the Chief Public Prosecutor's Office for completion. If the court, after hearing the suspect in the presence of their lawyer, rules that the alleged crime does not fall within the scope of the expedited trial procedure, it rejects the request. For a judgment to be rendered in accordance with the sanction specified in the request, the suspect must have freely accepted the application of the expedited trial procedure, and the court must be convinced that the act falls within the scope of the expedited trial procedure. The suspect may withdraw from this procedure until a judgment is rendered by the court. Furthermore, an objection may be filed against the judgment rendered by the court at the request of the public prosecutor. Even if the type of sanction falls within the scope of appeal or cassation, the suspect cannot resort to these avenues. The suspect can only appeal through extraordinary legal channels such as requesting a reversal of the decision in the interest of law or a retrial.

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Hashim Karatas