The Prosecution Stage in Turkey: How Do the Indictment and Trial Process Work?

Prosecution is the trial stage that begins once the court accepts the indictment, during which hearings take place; at this stage, the "suspect" status from the investigation converts to "defendant," and the parties present their evidence before the court.

Acceptance of the Indictment

Under Criminal Procedure Code No. 5271 (CMK), the indictment prepared by the prosecutor is reviewed by the court within fifteen days; if the court finds the link between the offence and the perpetrator is not sufficiently explained, or that there are deficiencies, it may return the indictment — otherwise it is accepted and prosecution begins.

The Trial Process

At the hearing, the defendant's identity is first established and information about their personal and financial situation is obtained; the charge, evidence, and legal characterisation set out in the indictment are then explained to the defendant. The law requires at least one week between service of the indictment and the hearing date, so the defendant can prepare their defence.

The Defendant's Rights

The defendant retains, at the prosecution stage as well, the right to remain silent about the alleged offence, the right to the legal assistance of defence counsel, and the right to request that evidence in their favour be gathered. While the defendant generally has the right not to attend hearings, the court may require their presence in certain cases.

Presenting Evidence and Hearing Witnesses

During the prosecution stage, the parties (prosecutor, defendant, defence counsel, intervening party) present their evidence, witnesses are heard before the court and subject to cross-examination, and expert reports are discussed. The defence may request the collection of evidence in its favour at any stage.

Conclusion of the Prosecution

The trial concludes with the court's decision, following the collection of evidence and the parties' statements on the merits (the prosecutor's opinion and the defence's closing arguments); the court issues one of several decisions — acquittal, conviction, a finding that no penalty is warranted, or discontinuation of the case.

Practical Recommendations

Make effective use of the preparation period between service of the indictment and the hearing date; notify the court in good time of any witness or document requests supporting your defence.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.