Reconciliation, Expedited Trial and Simplified Trial Procedures

What we do in this area

In criminal proceedings not every file ends in the classic hearing pattern. For certain offences the Code of Criminal Procedure (CMK) provides three separate procedures: reconciliation (uzlaştırma), which enables the parties to reach agreement through a reconciliator (Articles 253-255 CMK); the expedited trial procedure (seri muhakeme), which operates on the prosecutor's proposal at the investigation stage (Article 250 CMK); and the simplified trial procedure (basit yargılama), in which a decision is given on the file without a hearing at the prosecution stage (Articles 251-252 CMK). The firm assesses whether these procedures suit the file; it represents the party in reconciliation negotiations, is present as defence counsel at the expedited trial proposal and prepares the written defence in the simplified trial procedure.

This page is a sub-topic of the criminal law tree; the classic hearing pattern is described on the prosecution and trial process page.

Comparison of the three procedures

How the process works

In an offence subject to reconciliation, the prosecutor's office sends the file to the reconciliation bureau; the appointed reconciliator makes a proposal to the parties. If no reply is given to the proposal within seven days, the proposal is deemed refused (Article 253 CMK). The reconciliator concludes the proceedings within thirty days at the latest; the reconciliation bureau may extend this period at most twice, by no more than twenty days each time (Article 253/12 CMK). The negotiations are confidential and statements made during them cannot be used as evidence in the criminal case. If reconciliation is reached and the undertaking is performed, a decision of non-prosecution is given; if performance is deferred to a later date or divided into instalments, the opening of the public prosecution is postponed. At the prosecution stage, immediate performance results in discontinuance; deferred, instalment-based or continuous performance leads to a stay of proceedings until performance is completed, under Article 254 CMK. An indictment issued in a file requiring reconciliation without going through this stage is returned by the court (Article 174 CMK).

In the expedited trial procedure, when the prosecutor reaches sufficient suspicion in the investigation of an offence within scope, the procedure is proposed to the suspect in the presence of defence counsel. If the suspect accepts, the prosecutor determines the sanction, applies a reduction of half and submits the request to the criminal court of first instance; after hearing the suspect in the presence of defence counsel, the court gives judgment in line with the sanction in the request if it finds the conditions met; otherwise it refuses the request and the file returns to the prosecutor's office to be investigated under the general provisions (Article 250/9 CMK). The judgment is open to objection (Article 250 CMK). If the suspect does not accept the proposal, the investigation continues under the general provisions and the statement of acceptance cannot be used as evidence.

In the simplified trial procedure, the court decides to apply the procedure after accepting the indictment; the indictment is served on the accused, the victim and the complainant, and written statements are requested within two weeks. The court gives judgment on the file; in the event of conviction the penalty is reduced by one quarter, and the provisions on suspension, alternative sanctions and deferment of the announcement of the verdict may be applied (Article 251 CMK). On a qualifying objection, the file is allocated to another designated criminal court of first instance or judge under Article 252 CMK, and a hearing is held under the general rules.

Time limits and points to watch

For the victim, reconciliation means that no compensation action may later be brought in relation to the offence, except for damage that could not be identified at the time of reconciliation or arose afterwards; the scope of the undertaking is determined with this in mind. For the suspect, reconciliation does not amount to an admission of the offence. Even if the proposal has been refused, the parties may apply to the public prosecutor's office with a document showing that they have subsequently reconciled, at the latest until the indictment is issued (Article 253/16 CMK).

In the expedited trial procedure the reduction applies only upon acceptance at the prosecutor's office stage; the judgment is closed to legal remedies other than objection, and deferment of the announcement of the verdict may also be applied when its statutory conditions are met.

In the simplified trial procedure, in the trial with a hearing held upon the accused's objection, the court is not bound by its previous judgment, and the one-quarter reduction is not preserved if the objection was lodged by the accused (Article 252 CMK). The decision to object is made with this balance in mind.

How we work

The firm determines at the investigation stage which procedure the file falls under and sets out in writing the choice of acceptance or refusal together with the likely penalty. In reconciliation, the type of undertaking and the payment arrangement are negotiated; in the expedited trial procedure the calculation of the sanction is checked; in the simplified trial procedure the written defence is submitted with its evidence within the two-week period.