Simplified Trial Procedure in Criminal Procedure

What is the Simplified Trial Procedure?

The simplified trial procedure is a method that can be applied by the criminal court of first instance for certain crimes that meet the conditions specified in the law. It aims to expedite the process and save time and resources compared to regular trials. Even if the criteria for applying the simplified trial procedure are met, it is at the discretion of the criminal court of first instance. However, once the court decides on a regular trial and sets a hearing date, it cannot apply the simplified trial procedure. If a conviction is rendered in cases where the simplified trial procedure is applied, the penalty is reduced by one-quarter.

Which Crimes Does It Apply To?

The simplified trial procedure can be applied to crimes that require a judicial fine or a maximum imprisonment of two years or less. Crimes such as simple intentional injury, endangering traffic safety, and insult are some of the crimes where the simplified trial procedure can be applied. This procedure aims to reduce the workload of the courts and enable quicker decisions for crimes that carry shorter imprisonment sentences or can be converted to alternative sanctions. It also aims to ensure the continued functionality of this procedure by offering a penalty reduction opportunity to the defendant if convicted.

Competent Court and Trial Process

As all crimes that can be subjected to the simplified trial procedure are tried by the criminal court of first instance, it is the only court authorized to apply this procedure. If the application of the simplified trial procedure is decided, the indictment is notified to the defendant, the victim, and the complainant, informing them that they must submit their statements and defenses in writing within two weeks (with the change effective from June 1, 2024, the term '15 days' has been changed to '2 weeks'). If they fail to do so, a decision will be made after the defense period expires. The court requests the necessary information and documents from relevant institutions. After the given period for statements and defenses expires, the court renders a decision without a hearing and without seeking the opinion of the public prosecutor. If a conviction is rendered, the final sentence is reduced by one-quarter. If the conditions are met and the defendant does not object in writing, the court may decide to defer the announcement of the verdict. If deemed necessary by the court, a hearing may be held at any stage before a decision is made under this article, and the trial may continue according to general provisions. The simplified trial procedure does not apply to cases of minors, mental illness, deafness and muteness, or crimes that require permission or a request for investigation or prosecution. The simplified trial procedure also does not apply if a crime falling within this scope is committed together with another crime that does not fall within this scope.

Court Conducting Regular Trial Upon Objection

Upon objection, the file is sent by the court that rendered the decision to another criminal court of first instance determined by distribution criteria if there are multiple criminal courts of first instance in the same location. This court continues the trial according to general provisions by opening a hearing. In locations with only one criminal court of first instance, if there is another competent judge, that judge opens the hearing; otherwise, a judge appointed by the president of the judicial commission of the first instance court continues the trial according to general provisions. The trial is conducted and a judgment is rendered in the absence of the parties if they do not attend. This fact is stated in the summons sent to the parties. If the objection is withdrawn before the hearing, no hearing is held, and the objection is deemed not to have been made.

Substantial Amendments to the Simplified Trial Procedure Effective from June 1, 2024

The written defense period given by the court has been changed from 15 days to 2 weeks.
In case of an objection to the decision, previously the same court would conduct the regular trial, but with the amended law, a different court than the one that rendered the decision under the simplified trial procedure now conducts the regular trial.