LEGAL REGULATIONS TO BE APPLIED IN SIMPLE TRIAL ;
After the acceptance of the indictment, the criminal court of first instance may decide to apply the simple trial procedure for offences requiring a judicial fine and/or a prison sentence with an upper limit of two years or less. Pursuant to the second paragraph of Article 175, the simple trial procedure shall not be applied after the trial date is set. (Article 251 of the Law No. 5271)
If the court decides to apply the simple trial procedure, the indictment shall be served to the accused, the victim and the complainant and they shall be requested to submit their statements and defences in writing within fifteen days. The notification shall also state that a judgement may be rendered without a hearing. Furthermore, the documents to be collected shall be requested from the relevant institutions and organisations. (Cmk 251)
After the expiry of the time limit for statement and defence, the court, without holding a hearing and without taking the opinion of the public prosecutor, may, taking into account Article 61 of the Turkish Penal Code, decide on one of the decisions specified in Article 223. In the event of a conviction, the resulting sentence shall be reduced by one quarter. (Code of Criminal Procedure 251)
The court may, if the conditions exist, convert the short-term imprisonment sentence into alternative sanctions or postpone the imprisonment sentence, or decide to defer the announcement of the verdict, provided that its implementation is not opposed in writing by the defendant. (5271 S. K. art. 251)
The judgement shall specify the objection procedure and the results of the objection (Art. 251 of the 5271 CPC).
If deemed necessary by the court, the proceedings may be continued in accordance with the general provisions by holding a hearing at each stage until the judgement is rendered in accordance with this article. (5271 S. K. art. 251)
The simple trial procedure shall not be applied in cases of minority, mental illness, deafness and dumbness, and offences for which investigation or prosecution is subject to permission or request. (Article 251 of the Law No. 5271)
The simple trial procedure shall not be applied if an offence falling within the scope of this procedure is committed together with another offence not falling within the scope of this procedure (Art. 251 of the Code of Criminal Procedure No. 5271).
An objection may be lodged against the judgements. Judgements that are not appealed within the time limit shall become final. (5271 S. K. art. 252)
Upon the objection, a hearing shall be held by the court that rendered the judgement and the proceedings shall be continued according to the general provisions. Even if the parties do not appear, a hearing shall be held and a judgement may be rendered in their absence pursuant to Article 223. This matter shall be written in the invitation to be sent to the parties. If the objection is waived before the hearing, the hearing shall not be held and the objection shall be deemed not to have been raised. (5271 S. Code Art. 252)
When sentencing, the court is not bound by the judgement rendered according to the simple trial procedure under Article 251. However, in cases where the objection is lodged by persons other than the accused, the reduction made pursuant to the third paragraph of Article 251 shall be preserved. (Article 252 of the Code of Criminal Procedure No. 5271)
In the event that the judgement rendered upon objection is in favour of the defendant, if it is possible to apply these matters to other defendants who have not objected, these defendants shall also benefit from the decisions rendered as if they had objected. (5271 S. Code Art. 252)
Legal remedies may be filed against the judgements according to the general provisions (art. 252 of the Code of Criminal Procedure No. 5271).
If the court considers that the objection was not filed in due time or was filed by a person who does not have the right to apply for legal remedy, the file shall be sent to the authority authorised to examine the objection pursuant to the second paragraph of Article 268. The authority shall examine the objection in terms of these reasons and send its decision to the court for due process. (5271 S. K. art. 252)
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