In this article, we aim to explain in general terms and in an understandable way how the criminal procedure works, which is one of the most curious issues for those facing a criminal charge. In practice, people seek answers to questions such as "how does the prosecution process progress?", "when is the case filed?", "how is the court process?" and "what will happen to us?"
Criminal trial is a process consisting of two basic stages, investigation and prosecution, subject to certain procedural rules and carried out by the public authority. The aim in this process is to determine whether a crime has been committed, to identify the perpetrator if it has been committed, and to ensure a fair trial.
1. Commencement of the criminal trial
First of all, it should be noted that not every legal dispute constitutes the subject of a criminal trial. Actions that do not constitute a crime do not concern criminal law. For example; failure to repay an obtained debt, selling defective goods, or falling into a disagreement over asset sharing after divorce are subjects of private law, not criminal law, when evaluated alone.
In order for an action to be accepted as a crime and punished, the relevant act must be clearly defined as a crime in the laws. Indeed, while taking a debt and not repaying it does not constitute a crime as a rule; deceiving someone to take their money without the intention of repaying, solely for the purpose of personal gain, constitutes the crime of fraud under Article 157 of the Turkish Penal Code.
As can be seen, some events that seem similar from the outside can produce different results according to legal characterization. This situation stems from the fact that law is a technical and evaluation-based field. Whether an event falls within the scope of criminal law should be evaluated separately and carefully in every concrete case.
A criminal trial starts when an act evaluated to constitute a crime is learned by the authorized authorities. This situation usually arises through a person filing a complaint, a report being made, or law enforcement forces detecting the crime directly.
The public prosecutor is obliged to act ex officio as soon as they learn of a crime suspicion regarding offenses not subject to a complaint. At this stage, an investigation is started by the prosecution office, evidence is collected for the purpose of clarifying the event, statements of relevant persons are taken, and protective measures are applied if deemed necessary.
2. Prosecution (investigation) stage
The first official stage of a criminal trial is the investigation and it is carried out by the public prosecutor. At this stage, the person carries the title of suspect. During the investigation process:
- Statement of the suspect is taken.
- Witnesses are heard.
- Camera records, messages, and other evidence are collected.
- Expert examination can be made.
- Protective measures such as custody or detention can be applied in necessary cases.
The goal of the prosecutor is to clarify the event in all its aspects and to determine whether sufficient suspicion has been formed.
3. Preparation of the indictment
At the end of the investigation, the prosecutor can make two different decisions:
- Decision of Non-Prosecution (KYOK).
If there is not enough suspicion, a case is not opened and the file is closed.
- Issuance of an Indictment
If there is sufficient suspicion, the prosecutor prepares an indictment. The indictment:
- Explains the charge.
- Contains the evidence.
- Specifies which crime the defendant will be tried for.
The court examines the indictment. If it accepts it, a criminal trial is opened. If it returns it, the correction of deficiencies is requested.
4. Prosecution Stage (Court Process)
With the acceptance of the indictment, the prosecution stage begins and the person now takes the title of defendant. At this stage:
- Hearings are held.
- Defense of the defendant is taken.
- Witnesses are heard.
- Evidence is discussed.
The court tries to reveal the material truth in this process. The fundamental rights of the defendant at this stage are:
- The right to defense
- The right to be represented by a lawyer
- The right to remain silent
5. Judgment Stage
At the end of the trial, the court makes a decision. The main types of decisions are:
- Acquittal
- Conviction
- Postponement of the announcement of the verdict (HAGB)
- Decision of no room for penalty
The decision given is shaped according to the evidence in the file and the characteristics of the event.
6. Legal Remedies (Appeal and Cassation)
Application can be made against court decisions under certain conditions. The main legal remedies are appeal (regional court of justice) and cassation (supreme court). These remedies are used to supervise the lawfulness of the decisions given.
7. Execution Stage
When the conviction decision becomes final, the execution stage begins. At this stage:
- Penalty is applied.
- Probation may be in question.
- Postponement of the penalty may come to the agenda.
How Long Does a Criminal Trial Take?
The duration of a criminal trial depends on factors such as the scope of the file, the status of the evidence, and the workload of the court. In practice, it usually results between 1 year and 3 years.
FAQ ABOUT THE CRIMINAL TRIAL PROCESS
The information on this page is prepared for general awareness purposes. The criminal trial process may vary according to the characteristics of each concrete case. In order not to experience loss of rights and to ensure that the process is carried out correctly in the criminal trial process, it is important to obtain legal support suitable for your concrete situation.