The criminal court of first instance may decide to apply the simple procedure of trial for crimes requiring a judicial fine and/or imprisonment with an upper limit of two years or less after the adoption of the indictment. in accordance with the second paragraph of Article 175, a simple trial procedure is not applied after the day of the hearing has been determined. (Article 251 of the Law No. 5271)
If it is decided to apply a simple trial procedure, the court will notify the accused, the victim and the complainant of the indictment, and they will be asked to submit their statements and defenses in writing within fifteen days. It is also stated in the notification that a verdict can be given without a hearing. In addition, the documents that need to be collected are requested from the relevant institutions and organizations. (CMK 251)
After the deadline for declaration and defense has expired, one of the decisions specified in Article 223 may be made without a hearing by the court and without the opinion of the Public prosecutor, taking into account Article 61 of the Turkish Criminal Code. If a verdict of conviction is issued, the resulting punishment is reduced by a quarter. (Criminal Procedure Code 251)
If the court has conditions, a short-term prison sentence may be converted into sanctions or the prison sentence may be postponed, or it may be decided to release the explanation of the sentence, provided that its implementation is not opposed in writing by the defendant. (5271 Pp. K. m. 251)
The appeal procedure and the results of the appeal are indicated in the provision. (5271 Pp. K. m. 251)
If deemed necessary by the court, the trial may be continued in accordance with the general provisions by opening a hearing at each stage until the verdict is given in accordance with this article. (5271 Pp. K. m. 251)
The simple procedure of trial does not apply to cases of underage age, mental illness, deaf and dumb, as well as crimes for which an investigation or prosecution depends on permission or request. (5271 Pp. K. m. 251)
A simple trial procedure does not apply if a crime covered by it has been committed together with another crime that is not covered. (5271 Pp. K. m. 251)
The provisions may be challenged against. The provisions that are not challenged within the period are finalized. (5271 Pp. K. m. 252)
Upon appeal, a hearing is opened by the court making the decision and the trial is continued in accordance with the general provisions. Even if the parties do not arrive, a hearing is held and a verdict may be given in their absence in accordance with Article 223. This issue is written in the invitation to be sent to the parties. If the appeal is abandoned before the hearing, the hearing will not be held and will be considered uncontested. (5271 Pp. K. m. 252)
When making a decision, the court is not bound by the provision it has made in accordance with the simple procedure of trial under Article 251. However, in cases where the appeal is made by persons other than the defendant, the discount made in accordance with the third paragraph of article 251 is retained. (5271 Pp. K. m. 252)
If the decision made on the appeal is in favor of the defendant, these defendants also benefit from the decisions made as if they had appealed, if there is a possibility that these considerations will also be applied to other defendants who have not appealed. (5271 Pp. K. m. 252)
According to the general provisions against the provisions given, the path of the law can be applied. (5271 Pp. K. m. 252)
When the appeal is considered by the court that it was not filed within the time limit or that it was filed by a person who does not have the right to apply to the law, the file is sent to the authority authorized to examine the appeal in accordance with the second paragraph of Article 268. The authority conducts an examination for these reasons and sends its decision to the court as required. (5271 Pp. K. m. 252)
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