Prosecution and Trial Process

What we do in this area

The prosecution begins with the court's acceptance of the indictment and continues until the judgment becomes final (Article 2 and Article 175 of the Code of Criminal Procedure, CMK). At this stage the firm acts as defence counsel for the accused and as counsel for the party harmed by the offence as intervening party: notification of evidence and witnesses at the preliminary proceedings stage, attendance at hearings, putting questions to witnesses and court-appointed experts, objections to expert reports, monitoring of interim decisions, the defence on the merits or the intervening party's statement, and assessment of the reasoning of the judgment with a view to appeal.

The investigation stage is described on the defence counsel at the investigation stage page and challenges to the judgment on the legal remedies page. This page is a sub-topic of the criminal law tree.

Common types of file

Under Law No. 7571, aggravated fraud was transferred to criminal courts of first instance from 25 December 2025; cases already pending before assize courts remain there under the transitional provision.

How the process works

The court examines the indictment and investigation documents within fifteen days of their delivery and may return the indictment only for the grounds in Article 174 CMK. An indictment not returned within that period is deemed accepted. Acceptance begins the prosecution stage; the hearing is scheduled and the indictment is served on the accused. At least one week must pass between service of the summons and the hearing (Article 176 CMK).

The hearing begins with the identification of the accused and an explanation of the alleged acts, the evidence underlying them and their legal characterisation as stated in the indictment and continues with the questioning of the accused (Article 191 CMK). The evidence is then presented and discussed (Article 206 et seq. CMK): witnesses are heard, court-appointed expert reports are read, documents are examined. The parties' requests to submit evidence and have witnesses heard, and requests that evidence obtained unlawfully not form the basis of the judgment, are raised at this stage (Articles 206 and 217 CMK). If the legal characterisation of the act changes during the trial, no judgment may be given without granting the accused the right to an additional defence (Article 226 CMK).

After the discussion of evidence the prosecutor delivers the opinion on the merits, and the intervening party and the accused respond to it; the accused has the last word (Article 216 CMK). The judgment takes one of the forms of acquittal, no need to impose a penalty, conviction, security measure, dismissal or discontinuance of the case (Article 223 CMK). The reasoned judgment is placed in the file within fifteen days of pronouncement (Article 232 CMK).

In the event of conviction, suspension of the prison sentence (Article 51 of the Turkish Penal Code, TCK), conversion of a short-term prison sentence into alternative sanctions (Article 50 TCK) and deferment of the announcement of the verdict (Article 231 CMK) come into consideration. Each has its own conditions; the defence on the merits separately addresses whether these conditions are met in the file.

Time limits and points to watch

The presence of the accused at the hearing is the rule; an order for compulsory attendance may be issued against an accused who fails to appear despite a duly served summons, and in the cases listed in the law the trial may continue in their absence (Article 193 et seq. CMK). On request, the court may exempt the accused from attending the hearing (Article 196 CMK). Evidence cannot be refused solely because it was submitted late (Article 207 CMK). A request may be refused on the grounds in Article 206/2 CMK, including when made solely to prolong proceedings. Submitting evidence and witness requests early helps their timely examination.

In files with a detained accused, detention is reassessed at every session. A request to join as intervening party may be made until judgment is given (Article 237 CMK); even where intervening party status has not been obtained, persons harmed by the offence in a manner that would entitle them to that status may pursue legal remedies against the judgment (Article 260/1 CMK); however, a request to intervene may not be raised for the first time at the appeal stage (Article 237/2 CMK). The period for appeal on facts and law (istinaf) is two weeks from service of the reasoned judgment (Article 273 CMK); the date of service is calendared in the file.

How we work

The firm examines the preliminary proceedings order and the indictment upon acceptance; the list of evidence and the notification of witnesses are submitted before the first session. The record is checked at every session; the accurate recording of statements is decisive at the appeal stage. The defence on the merits is submitted to the file in writing in addition to the oral statement. When acting for the intervening party, the connection between the file and the civil action (compensation, annulment of the title deed, debt claim) is kept in view and the transfer of the findings in the criminal file to that action is planned.