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Criminal LawWhat is Simple Trial Procedure?

Simple Trial Procedure in the Code of Civil Procedure

The simple trial procedure is a procedure applied in cases that need to be resolved more quickly and are not elaborate. It is an easier and quicker examination. According to Article 385 of the CCP, “Simple trial procedure shall be applied in non-contentious judicial proceedings, to the extent appropriate to their nature.” In the simple procedure, there is only a petition for lawsuit and a petition for reply. After the notification of the statement of claim, the defendant is given a period of 2 weeks to file a reply. However, the judge may grant the defendant an additional period not exceeding 2 weeks for one time upon request.

Simple Trial Procedure in the Code of Criminal Procedure

The simple trial procedure is a faster and more expeditious procedure conducted without a hearing for the offences under Article 251 of the Criminal Procedure Code. After the acceptance of the indictment, the criminal court of first instance may decide to apply the simple trial procedure for offences that require a judicial fine and/or imprisonment with an upper limit of two years or less.

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 defences in writing within fifteen days. In the event of a conviction in the simple trial procedure, the penalty shall be reduced by one fourth.

Judgements rendered as a result of a simple trial may be appealed. Judgements not objected to within the time limit shall be finalised. Upon objection, a hearing shall be held by the court that issued the judgement and the proceedings shall be continued according to the general provisions.

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