Procedures the Court Performs After Receiving the Petition
After the expedited trial petition is submitted to the court, the court carries out the following steps:
1. The court opens a hearing.
After receiving the petition, the court conducts a brief hearing specific to the expedited trial procedure. This hearing is not a traditional trial; it aims to review whether the conditions for applying the procedure are met.
2. The suspect and defense attorney are summoned to the hearing.
- The suspect,
- The defense attorney (in cases of mandatory defense)
are summoned to the hearing.
The court personally confirms whether the suspect freely accepts the procedure.
3. The judge examines the petition procedurally.
The judge checks the following:
- Have the conditions for the expedited trial been met?
- Does the petition content comply with the law?
- Is the acceptance record properly prepared?
- Has the suspect been informed, and is their will unimpaired?
This review ensures the procedure is legally compliant.
4. The suspect’s acceptance is verified.
The court directly asks the suspect:
- Whether they understand the procedure,
- Whether their consent is voluntary,
- Whether they are aware of its content and consequences.
The suspect must explicitly repeat their acceptance during the hearing.
5. The court issues the judgment.
If the court determines that the conditions are met:
➡ The court issues a judgment in line with the sanction requested by the public prosecutor.
The judge’s discretion is limited; they cannot alter the sanction determined by the prosecutor, only evaluate its appropriateness.
6. The judgment is final.
The decision issued under the expedited trial procedure:
- Cannot be appealed,
- Is final,
but the procedure of revision in the interest of the law is still available.