What are the Conditions for the Serial Trial Procedure?

The Serial Trial Procedure is a special criminal procedure method applied during the investigation phase, allowing minor offenses to be resolved quickly. However, this procedure cannot be applied to every case; certain conditions must be met.

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Conditions for the Expedited Trial Procedure

The Expedited Trial Procedure can only be applied if ALL of the following conditions are met:

1. Sufficient suspicion that the crime was committed

The prosecutor must have reached a sufficient level of suspicion regarding the incident. Evidence must create a reasonable doubt that the crime occurred. If there is no suspicion, the procedure cannot be applied.

2. Possibility of prosecution (no obstacle to trial)

There must be no legal obstacles such as:

  • Statute of limitations,
  • Absence of complaint in complaint-based crimes,
  • Lack of jurisdiction,
  • Missing prosecution permission.

If prosecution is not possible, the expedited trial cannot be applied.

3. No decision to postpone the public case

The prosecutor must not have issued a Decision to Postpone the Public Case (KDAE) for the file. If such a decision exists, the expedited trial cannot be used.

4. The crime falls within the scope of the Expedited Trial Procedure

This procedure is applied only for crimes listed in Article 6 of the Expedited Trial Regulation. These crimes include:

  • Endangering public safety
  • Endangering traffic safety
  • Causing noise
  • Counterfeiting money (specific clauses)
  • Breaking a seal
  • False statements in official documents
  • Providing a place or means for gambling
  • Using someone else's identity information
  • Other special law offenses
  • If the crime is not included, the procedure cannot be offered.

5. The suspect is not a child, mentally ill, or deaf-mute

The procedure cannot be applied to protected groups. If the suspect is:

  • a child,
  • mentally ill,
  • deaf-mute,

the legal validity of their statements may be affected, and the procedure cannot be offered.

6. In cases of multiple suspects, all must accept the procedure

If the crime was committed jointly (with multiple suspects), the expedited trial can only be applied if all suspects agree together. If even one suspect refuses, the procedure cannot be applied and the normal investigation continues.

7. The suspect must be reachable

The expedited trial cannot be offered without contacting the suspect. For this:

  • The suspect's address must be known,
  • Notification must be possible,
  • The suspect must be able to be summoned by the prosecutor.
  • If the suspect cannot be reached, the procedure is not applied and the investigation continues normally.
28.03.2024 14:30

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