What is the Accelerated Procedure in Criminal Trials?

The Accelerated Procedure, regulated under Article 250 of the Turkish Criminal Procedure Code, is designed for expedited processing of certain criminal offenses. This procedure applies when the decision to defer prosecution is not made and aims to increase efficiency in the criminal justice system by reducing the duration of certain cases.

The Accelerated Procedure applies to specific offenses as outlined in the Turkish Penal Code and other laws. Key offenses include:

• Trespassing (TCC Art. 154/2-3)
• Intentional endangerment of public safety (TCC Art. 170)
• Endangering road safety (TCC Art. 179/2-3)
• Causing noise pollution (TCC Art. 183)
• Counterfeiting currency (TCC Art. 197/2-3)
• Breaking seals (TCC Art. 203)
• Misrepresentation in official documents (TCC Art. 206)
• Providing a place for gambling (TCC Art. 228/1)
• Using another person’s identity or information (TCC Art. 268)

Additionally, certain offenses under the Law No. 6136 on Firearms, Law No. 6831 on Forests, and Law No. 1072 on Gambling Machines are also included in this procedure.

For the Accelerated Procedure to commence, the prosecutor must offer it to the suspect in the presence of their defense attorney. Once accepted, the prosecutor determines the penalty with a 50% reduction from the base penalty as per Article 61 of the Turkish Penal Code, considering factors like the nature and method of the offense.

If applicable, the penalty may be converted to alternative sanctions or deferred. A deferred judgment may also be granted.

The prosecutor submits a written request to the court, detailing:

• The suspect’s identity and defense attorney information
• Victim or complainant information
• The offense, relevant legal provisions, and details of the incident
• Suspect’s custody status
• Summary of the alleged offense
• Proposed penalty and any additional security measures

The court listens to the suspect with their defense attorney and assesses whether the conditions for the Accelerated Procedure are met. If satisfied, the court confirms the proposed penalty. Otherwise, the file is returned to the prosecutor’s office for a standard trial.

This procedure has specific limitations:

• In cases of co-perpetration, all suspects must agree to the procedure.
• It is not applicable to minors, mentally ill individuals, or deaf-mute individuals.
• If the suspect is unreachable or located abroad, the procedure cannot be applied.

The Accelerated Procedure aims to expedite criminal trials for designated offenses, ensuring timely justice while upholding eligibility conditions. This procedure offers flexibility in the Turkish legal system, allowing for faster resolution of cases.

This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.