WHAT IS A SIMPLE TRIAL PROCEDURE?
Simple trial procedure is a form of trial applied in certain offences of injury and insult in accordance with the provisions of the Cmk. Simple trial procedure is regulated in the Code of Criminal Procedure 251. The simple trial procedure is faster than the ordinary trial procedure and allows a decision to be made on paper. If this trial procedure is applied, the final penalty to be received by the defendant is reduced by one fourth (1/4).
After the acceptance of the indictment, if the court decides that the dispute at hand is an offence subject to simple trial, it will apply this procedure. After the court has set a date for the hearing, the simple procedure can no longer be applied. It should not be ignored that this procedure may be in favour of the defendant since the decision is made without a hearing.
If the defendant objects to the simple trial procedure for whatever reason and requests to be tried in the ordinary way, the court will evaluate the situation and set a trial date. It should also be noted that if the defendant objects to the sentence specified in the court decision given in the simple procedure, if the court will impose a sentence, the one-fourth discount will not be applied.
WHAT ARE THE OFFENCES SUBJECT TO SIMPLE TRIAL PROCEDURE?
The simple trial procedure can be applied to offences that require a judicial fine or an upper limit of 2 years or less imprisonment. Some of the offences to which the simple trial procedure can be applied are as follows:
Simple intentional injury offence (TCK 86/2),
Intentional injury committed by negligent behaviour (TPC 88/1),
The offence of negligent injury (TCK 89/1),
Threat offence (TCK 106/1),
Simple sexual harassment offence (TCK 105/1, except for the offence of sexual harassment against a child),
Violation of the inviolability of the dwelling (TCK 116/1,2,3),
Offence of insult (TCK 125),
Offence of abuse of trust (TPC 155/1),
Deliberately endangering traffic safety (TCK 179/2,3),
Endangering traffic safety by negligence (TCK 180),
Praising offence and offender (TCK 215),
Assumption of guilt (TPC 270),
False testimony (TCK 272/1),
Failure to report a crime (TCK 278), etc.
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