WHAT ARE THE STAGES OF CRIMINAL PROCEEDINGS?
Prosecution and Local Court
The first stage of criminal proceedings is the prosecution
and local court stage. The criminal justice system consists of three phases in
which crimes are investigated, prosecuted and sentences are executed. Of these
three phases, all persons who become suspects in the investigation, defendants
in the prosecution and convicts in the execution of sentences are under the
guarantee of a fair trial. The investigation phase is carried out under the
control of the prosecutor. The investigation phase is a process that is
concluded as a result of many procedures such as reporting the accusation of a
crime, taking statements, applying protection measures and filing a lawsuit.
The prosecution phase is the period between the acceptance of the indictment
and the court's decision. The process includes ordinary remedies.
After the person files a complaint, the prosecutor first
conducts an investigation, and then, if the necessary conditions are met, an
indictment is issued and the prosecution phase begins.
Appeal (İstinaf) Judgment
The legal remedy of appeal is regulated between Articles 272
and 285 of the Code of Criminal Procedure No. 5271. As a rule, the subject
matter of the appeal proceedings is the final decisions of the court of first
instance. The possibility to appeal
against certain decisions specified in the law has been abolished.
The main purpose of the legal remedy of appeal is to realize
the purpose of the trial law by examining the decisions rendered by the court
of first instance, which are not finalized, in terms of both material and legal
issues and eliminating the errors. The aim of the appeal is to ensure a fair
decision in the concrete case. In the appeal remedy, the file is examined by
the Regional Court of Appeal. Those sentenced to 5 years or less as a result of
the appeal decision cannot appeal to the Court of Cassation.
Supreme Court Phase
The judgments will first go through the legal remedy of
appeal and then, if it is open, the legal remedy of cassation. These
examinations will be conducted in accordance with the provisions of the Code of
Criminal Procedure No. 5271 on the legal remedies of appeal and cassation.
This article is intended for general informational purposes
only and not intended as a substitute for the advice and counsel of a criminal
defense attorney. If you want to contact an English-speaking
criminal lawyer in Istanbul for more information you can contact our office.
