What is Serial Procedure? Faster Trial and Penalty Reduction Opportunity
The “Speedy Trial Procedure”, which was introduced to the Turkish criminal justice system in 2019 with Article 250 added to the Code of Criminal Procedure (CPC), is an innovative practice introduced to speed up the proceedings, reduce the workload of the justice system and provide a more effective solution in certain offences. This procedure, especially in simple and medium offences, allows for a faster judgement if the suspect pleads guilty and meets certain conditions. However, it is curious to know in which offences this procedure can be applied, how it works and what advantages and disadvantages it has for the suspect. In this article, we will discuss the expedited procedure in all its aspects and explain in detail the conditions of its application, its scope and its legal consequences.
Definition and Purpose of Serial Procedure: The expedited procedure is a special procedure that the public prosecutor proposes to the suspect in the presence of the defence counsel (lawyer) in certain offences specified in the law, in the event that the public prosecutor reaches sufficient suspicion to open a public case at the end of the investigation phase, and if the suspect accepts this offer, the trial is concluded quickly with less punishment.
The main objectives of this procedure are as follows:
- Speeding Up the Trial: To ensure that justice is administered faster by preventing protracted trial processes.
- Lighten the Burden of the Justice System: To reduce the workload of courts and prosecutor’s offices, especially in simple offences.
- Effective Criminal Justice: In certain offences, by ensuring that the perpetrator receives a lesser sentence in return for pleading guilty to the offence, both to encourage remorse on the part of the perpetrator and to focus on compensating the victim.
Conditions for the Application of Serial Procedure (Article 250/1 of the Code of Criminal Procedure): In order for the expedited procedure to be applied, the following conditions must be present together:
- Completion of the Investigation Phase: The public prosecutor must have completed the investigation phase and reached sufficient suspicion to open a public case.
- No Decision on Postponement of the Public Prosecution: There must not have been a decision to postpone the opening of a public case against the suspect.
- The crime is one of the catalogue crimes: The expedited procedure may be applied for “catalogue crimes” that are explicitly stated in the law. These offences are listed in detail below.
- Free Voluntary Acceptance of the Suspect in the Presence of the Defence Counsel: The suspect must accept the offer made to him/her of his/her own free will in the presence of his/her defence counsel (lawyer). The presence of the defence counsel is mandatory and it is essential that the suspect is informed about his/her rights.
- Inapplicability in cases of Minority, Mental Illness, Deafness and Dumbness: Minors under 18 years of age, the mentally ill, deaf and dumb persons cannot be subjected to the summary procedure. These persons are excluded from this procedure as they are under special protection in legal processes.
- Acceptance of all suspects in case the offence is committed by participation: If the offence is committed by more than one person (in participation), all suspects must accept this procedure in order for the summary procedure to be applied. In the event that even one suspect does not accept, this procedure cannot be applied and the trial shall be conducted according to the general provisions.
Crimes to which the expedited procedure is applied (Catalogue Crimes – Article 250/1 of the Criminal Procedure Code): The summary procedure may be applied for offences listed in a limited number in Article 250 of the Code of Criminal Procedure. These offences are as follows:
- Encroachment without right (Art. 154/2, 3 TPC)
- Deliberately endangering general security (Article 170 of the TPC)
- Endangering traffic safety (TPC Art. 179/2, 3)
- Causing noise (Art. 183 TPC)
- Forgery of money (TPC Art. 197/2, 3)
- Breaking a seal (Art. 203 TPC)
- False statement in the issuance of an official document (Art. 206 TPC)
- Providing a place and opportunity for gambling (TCK Art. 228/1)
- Use of another person’s identity or identity information (Art. 268 TPC)
- Offences defined in Articles 13, 14 and 15 of the Law on Firearms, Knives and Other Instruments.
- The offence defined in the second paragraph of Article 108 of the Forestry Law.
- The offence defined in the first sentence of the second paragraph of Article 74 of the Law on the Protection of Cultural and Natural Heritage.
Serial Procedure Process:
- Public Prosecutor’s Proposal: At the end of the investigation, the public prosecutor, who has reached sufficient suspicion, proposes the summary procedure to the suspect in the presence of the above-mentioned conditions. This offer is made in the presence of the defence counsel of the suspect and information is given about the sanctions to be imposed (the amount of punishment).
- Acceptance or Refusal of the suspect: The suspect may accept or reject the offer after consultation with his/her defence counsel. In case of acceptance, the basic penalty determined by the prosecutor is reduced by half.
- Preparation of a Request: Upon the suspect’s acceptance of the offer, the public prosecutor prepares a “request letter” regarding the application of the summary procedure. This request includes the definition of the offence, the evidence, the suspect’s statement of acceptance and the sanction to be applied (reduced sentence).
- Supervision of the Court and Sentencing: The request prepared by the prosecutor’s office is sent to the court in charge (criminal court of first instance). The court examines the request and checks its compliance with the procedure and the law. In case the conditions are met, the court shall make a judgement in line with the request without holding a hearing. If the court finds that the request is not appropriate or the conditions are not met, the court may reject the request and decide to continue the proceedings according to the general provisions.
Advantages of Speedy Trial Procedure:
- Fast Trial: The most important advantage is the shortening of the judgement process. Since a judgement can be rendered without a hearing, cases that took months can be concluded in a few weeks.
- Possibility of a Lesser Penalty: In return for the suspect’s admission of the offence, the penalty stipulated in the law is reduced by half, starting from the lower limit. This is an important advantage for the defendant.
- Saving on Judicial Expenses: The time and cost burden brought by long judicial processes is avoided.
- Redressing the Victim’s Damage: In some cases, the compensation of the victim’s damages may also be stipulated as a condition under the summary procedure.
Disadvantages and Risks of Speedy Trial Procedure:
- Acceptance of the Offence: Accepting this procedure means that the suspect admits the alleged offence. It is then difficult to withdraw this acceptance or to plead not guilty.
- Entry into the Criminal Registry: The judgement rendered as a result of the summary procedure is entered in the criminal record. This may have a negative impact on the person’s future professional or social life.
- Limited Objection and Legal Remedies: Only the appeal against the judgement rendered as a result of the summary procedure is open. Other remedies such as appeal and cassation are closed. The objection can only be made in terms of procedural deficiencies or clear violations of law.
- Obligation of legal counselling: The obligation for the suspect to be in the presence of a defence counsel before accepting this procedure shows the seriousness of the decision and the importance of legal counselling.
The expedited procedure is an important innovation introduced to the Turkish criminal justice system and has the potential to provide a quick and effective solution for certain offences. While it offers advantages for suspects, such as lesser sentences and shorter trials, it also brings serious consequences, such as guilty pleas and criminal record entries. Therefore, a suspect who is confronted with the offer of a speedy trial procedure should carefully assess all its advantages and disadvantages, its legal consequences and its impact on his or her situation. In this evaluation process, obtaining comprehensive legal advice from an expert criminal lawyer is vital to make the right decision and to prevent loss of rights.