LEGAL REGULATIONS TO BE APPLIED IN SIMPLE TRIAL ;
After the acceptance of the indictment, the criminal court of first instance may decide to apply the simple trial procedure in crimes that require a judicial fine and/or a prison sentence with an upper limit of two years or less. Pursuant to the second paragraph of Article 175, the simple trial procedure shall not be applied after the trial date has been set. (Article 251 of the Law No. 5271)
If the court decides to apply the simple trial procedure, the indictment shall be served to the accused, the victim and the complainant and they shall be asked to submit their statements and defenses in writing within fifteen days. The notification shall also state that a verdict may be rendered without a hearing. In addition, the documents to be collected shall be requested from the relevant institutions and organizations. (Cmk 251)
After the expiry of the time limit for statement and defense, the court may, without holding a hearing and without taking the opinion of the public prosecutor, decide on one of the decisions specified in Article 223, taking into account Article 61 of the Turkish Penal Code. In the event of a conviction, the resulting penalty shall be reduced by one quarter. (Code of Criminal Procedure 251)
The court may, if the conditions are met, convert the short-term imprisonment sentence into alternative sanctions or postpone the imprisonment sentence or decide to defer the announcement of the verdict, provided that its implementation is not opposed in writing by the defendant. (5271 S. K. art. 251)
The judgment shall specify the objection procedure and the consequences of the objection (Article 251 of the 5271 CPC).
If deemed necessary by the court, the proceedings may be continued in accordance with the general provisions by holding a hearing at each stage until the verdict is rendered pursuant to this article. (Article 251 of the Law No. 5271)
The simple trial procedure shall not be applied in cases of minority, mental illness, deafness and dumbness, and crimes for which investigation or prosecution is subject to permission or request. (Article 251 of the 5271 S. Code)
The simple trial procedure shall not be applied if an offense falling within the scope of this procedure is committed together with another offense not falling within the scope of this procedure (Art. 251 of the Code of Criminal Procedure No. 5271).
An objection may be lodged against the judgments. Judgments that are not appealed in due time become final. (Article 252 of the Law No. 5271)
Upon the objection, a hearing shall be held by the court that rendered the judgment and the proceedings shall be continued according to the general provisions. Even if the parties do not appear, a hearing shall be held and a judgment may be rendered in their absence pursuant to Article 223. This matter shall be written in the invitation to be sent to the parties. If the objection is waived before the hearing, the hearing shall not be held and the objection shall be deemed not to have been raised. (5271 S. K. art. 252)
When sentencing, the court is not bound by the judgment rendered according to the simple trial procedure under Article 251. However, in cases where the objection is made by persons other than the accused, the reduction made pursuant to the third paragraph of Article 251 shall be preserved. (Article 252 of the 5271 S. Code)
In the event that the judgment rendered upon objection is in favor of the accused, if it is possible to apply these matters to other defendants who have not objected, these defendants shall also benefit from the decisions rendered as if they had objected. (Article 252 of the Law No. 5271)
Legal remedies may be filed against the judgments in accordance with the general provisions (Article 252 of the Law No. 5271).
If the court considers that the objection was not filed in due time or was filed by a person who does not have the right to apply for legal remedy, the file shall be sent to the authority authorized to examine the objection pursuant to the second paragraph of Article 268. The authority shall examine the objection in terms of these reasons and send its decision to the court for due process. (5271 S. K. art. 252)
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