Against Which Suspects is the Serial Trial Procedure Not Applied?

The Serial Trial Procedure is a special method that allows criminal investigations to be concluded quickly. However, this procedure cannot be applied to every suspect. The law excludes certain groups of individuals from its scope. This limitation is introduced to protect the right to a fair trial and to ensure the security of the process in cases where a valid expression of will cannot be ensured.

Categories

Suspects to Whom the Expedited Trial Procedure Cannot Be Applied

1. Child Suspects

The expedited trial procedure cannot be applied to children due to the need for their protection and the application of special trial procedures.
For children, the provisions of Juvenile Criminal Procedure apply.

2. Suspects with Mental Illness

If the suspect's ability to act or capacity to express intent is affected by mental illness, they cannot legally evaluate the offer for the expedited trial procedure, so this procedure cannot be applied.

3. Deaf and Mute Suspects

Due to communication difficulties and the need for special trial procedures, the expedited trial cannot be applied to deaf and mute individuals.
Different procedures are applied according to the Criminal Procedure Code (CMK) and special legislation.

4. Crimes Committed by Multiple Persons Where Not All Suspects Agree

If a crime is committed jointly by more than one person:

  • The expedited trial cannot be applied unless all suspects agree.
  • If even one suspect does not accept, the entire case proceeds under the classical investigation procedure.

5. Cases Where the Suspect Cannot Be Reached

For the expedited trial to be offered, the suspect must be reachable.
If the suspect's address is unknown, notification cannot be made, or the suspect cannot respond to the prosecutor's call, the procedure cannot be applied.

28.03.2024 14:30

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