Criminal Case :
A criminal case is a public case filed by the prosecutor’s office with an indictment in order to prosecute a person who has sufficient suspicion that he has committed a crime. After the indictment issued by the prosecutor’s office is accepted by the court, a criminal case is opened. All criminal cases are public cases. There are two main stages in criminal proceedings: the investigation and the prosecution stage.
The stage from the fact that a crime has been committed to the court’s decision to accept the indictment is the stage of investigation. In this process, the prosecutor investigates the evidence related to the crime and examines whether there are enough doubts to open a public case. If sufficient suspicion is reached, an indictment is prepared and submitted to the court. With the adoption of the indictment, the prosecution phase begins. The stage called the prosecution stage lasts from the acceptance of the indictment issued by the prosecutor’s office by the court to the finalization of the court’s decision. In this process, criminal case proceedings are conducted.
What Are the Courts Charged with Handling Criminal Cases?
The courts charged with criminal cases are listed as follows:
- High Criminal Court
- Criminal Court of First Instance
- Juvenile Court
- Juvenile Criminal Court
- Criminal Court of Intellectual and Industrial Rights
The Criminal Court of First Instance is the general court charged with handling criminal cases. In cases that are not within the scope of the duties of other courts, the criminal court of first instance is obliged to make a trial.
Criminal Cases In Which The Criminal Court Is In Charge
The criminal court of first instance is a court in charge of criminal proceedings. Article 12 of the Law No. 5235 “On the Establishment, Duties and Powers of Courts of First Instance of Judicial Jurisdiction and District Courts of Justice”. the scope of the task is determined in the article. The areas in which he is assigned in accordance with the article of interest can be listed as follows:
- The crime of looting
- The crime of liaison
- Crime of forgery of an official document
- Qualified fraud offense
- The crime of fraudulent bankruptcy
- A crime of premeditated manslaughter
- As a result, the offence of aggravated wounding
- The crime of liaison
- Crime of manufacturing and trafficking of drugs and stimulants
- The crime of embezzlement
- The crime of bribery
- The crime of crimes related to the constitutional order
- Crimes covered by the Anti-Terrorism Law No. 3713
- Offenses requiring aggravated life imprisonment, life imprisonment and imprisonment for more than ten years
Criminal Cases in which the Criminal Court of First Instance is in Charge
11 Of the same law on the duty of the criminal court of first instance. it is regulated in the article. The relevant article reads as follows: “Cases and cases that fall outside the duties of the magistrates’ court and the heavy criminal courts are handled by the criminal courts of first instance, except for cases that are also mandated by law.” Accordingly, the crimes that the Criminal Courts of First Instance are responsible for looking at can be exemplified as follows:
- Intentional wounding
- Do not injure with a taxi
- The crime of sexual harassment
- The crime of threatening
- The crime of blackmail
- Offense of defamation
- The crime of disturbing the peace and tranquility of people
- The crime of recording personal data
- The crime of damage to property
- The crime of unrequited use
- The crime of violating the privacy of private life
- The crime of theft
- The crime of forgery of money
- Offense of insulting the president
These crimes were counted as examples. The Criminal Court of First Instance has been appointed for all crimes that are not within the scope of the Criminal Court and the Magistrate’s Office.
How To Open A Criminal Case?
In the process of opening a criminal case, first of all, the prosecutor issues an indictment and submits it to the court. After the court accepts this indictment, a criminal case is opened. The points on which the court stands at the stage of accepting the indictment are as follows:
- CMK m. the presence of conditions that must be present in the indictment, which is clearly shown in 170
- Whether there is absolute evidence that will affect the duration of the crime
- Whether the offense is one of the offenses covered by the settlement or prepaymentIn case of lack of these conditions, the indictment is returned to the prosecutor’s office. In the absence of deficiencies, an indictment is accepted. there is no legal assessment of the crime at the stage of consideration of the indictment by the court charged with conducting the trial. For example, in an indictment filed against the criminal court on charges of manufacturing and trafficking in narcotic substances, there is no case for the court to return the indictment on the grounds that the crime is the use of narcotic substances. In the absence of the above-mentioned reasons, an indictment must be accepted by the court and a trial must be held.
Persons Involved In The Criminal Case
The parties to the criminal case are designated as the parties to the claim and the defense. It is impossible to say exactly what these sides are facing. Because the prosecution is essentially a prosecutor. The prosecutor collects evidence not only against, but also in favor of, the suspect or accused during the investigation phase. In the defense, there are defendants or suspects and their defenders. Some important terms that may be encountered in a criminal case are as follows:
- Victim: The victim is the person who has been harmed by the crime. The negative effects of the crime are experienced by the victim himself.
- A person who has been harmed by a crime is a person whose rights and interests have been harmed.
The people whom these two concepts meet often coincide, but they can also be separate people. For example, in the crime of manslaughter, the victim is the deceased, that is, the victim. The person who has been harmed by the crime is the relatives of the deceased person.
- Complainant: Crimes can be divided into crimes that are related to the complaint or not. A complaint is required for punishment for crimes related to the complaint. In other words, the prosecutor’s office is not taking action officially. In these crimes, the person who files a complaint is called a complainant. These people are called polytheists in practice.
- Participating: As we mentioned above in public cases, the prosecutor’s office prepares an indictment if it reaches sufficient suspicion. The victim or the person who has been harmed in these cases can participate in the trial as a participant in the prosecution. As a result of participation, a legal remedy may be applied against the decision made by the court.