[TURKISH] CRIMINAL PROCEDURE CODE

Law Number : 5271

Date of Adoption : December 04,2004

Date and No. of Publication in the Official Gazette : December 17,2004 - 25673


NOTE: This translation made by myself is unofficial and for information purposes only. All rights of it are reserved as a translation anyway. Read this page first, please. Click "[TÜRK] CEZA MUHAKEMESİ KANUNU" for full Turkish text of the Code.

 

BOOK ONE
General Provisions

PART ONE
Scope, Definitions, Subject- Matter Jurisdiction and Venue

CHAPTER ONE
Scope and Definitions

Scope of the Code

Article 1 - (1) This Code, regulates the rules concerning how penal proceedings to be conducted and rights, powers and obligations of the persons who are involved in this process.

 

Definitions

Article 2 - (1) In the application of this Code;

a) "Suspect" shall mean the person, who is under suspicion of having committed a crime, at the stage of investigation,

b) "Accused" shall mean the person, who is under suspicion of having committed a crime, from the beginning of the prosecution until the final judgment,

c) "Defense counsel" shall mean the lawyer, who defends the suspect or the accused during the penal proceedings,

d) "Representative" shall mean the lawyer, who represents the intervener, the person injured by crime or the person, who is liable financially,

e) "Investigation" shall mean the stage which passes starting from being learned of a suspicion of commitment of crime by competent authorities pursuant to the Code, and until the approval of the indictment,

f) "Prosecution" shall mean the stage which passes from the approval of the indictment and until finalization of judgment,

g) "Taking statements" shall mean being heard of the suspect by the law enforcement officers or public prosecutor about the crime, which is subject of the investigation,

h) "Interrogation" shall mean being heard of the suspect or the accused by the judge or the court about the crime, which is subject of investigation or prosecution,

i) "Liable financially" shall mean the person, who will be affected from consequences of the court’s judgement and will suffer them by bearing the material and financial liability, after adjudication of the matter which is subject of trial and finalization of it.

j) "Offence in the act" shall mean;

    1. A crime that is being committed,

    2. A crime of the person arrested by the law enforcement officers, by the person injured by crime or by the others after being chased immediately after the crime has been committed and for a crime that has just been committed by him or her,

    3. A crime committed by the person who was arrested with the properties or evidence which indicate that the act has been committed a little while ago.

k) “Collective offence" shall mean an offence committed by three or more people whether there is a will of participation among them or not,

l) “Disciplinary confinement" shall mean the imprisonment imposed because of an act which have been placed sanctions on with the aim of protecting a partial order; which cannot be transformed into alternate sanctions, cannot be applied prepayment about, cannot be taken as basis for provisions of repetition, cannot be applied conditional release about, cannot be postponed; and cannot be taken into the criminal records.

 

CHAPTER TWO
Subject- Matter Jurisdiction

Subject- matter jurisdiction

Article 3 - (1) Subject- matter jurisdictions of the courts shall be regulated by law.

(2) (Paragraph added by the 6 th Article of the Act dated June 26,2009 and numbered 5918) In case non military persons commit an offence included in the Military Penal Code or in other laws and subject to jursdiction of the military courts at the time of peace individually or with the participation of military persons, investigations of non military persons shall be carried out by public prosecutors, and prosecutions of them; by the civil courts.

 

Decision on subject- matter jurisdiction ex officio and conflict in subject- matter jurisdiction

Article 4 - The court which hears the case may decide whether it has subject-matter jurisdiction or not at any stage of prosecution ex officio. The provision of the Article 6 is reserved.

(2) In case a conflict on the subject of subject-matter jurisdiction arisen between the courts, the court having subject-matter jurisdiction shall be determined by the joint superior court of jurisdiction.

 

Situation where required to be rendered decision of lack of subject-matter jurisdiction and its consequence

Article 5 - (1) In case it is appeared after the approval of the indictment that the matter has been over subject-matter jurisdiction of the court hearing the case or has been outside of its subject-matter jurisdiction, the court sends the matter to the court having it, by a decision.

(2) There may be applied to the process of objection against the decisions of lack of subject-matter jurisdiction in respect to the courts within civil jurisdiction.

 

Situation where may not to be rendered decision of lack of subject-matter jurisdiction

Article 6 - (As amended by the 16 th Article of the Act dated December 6,2006 and numbered 5560)

(1) The file may not be sent to an inferior court during trial by rendering a decision of lack of subject-matter jurisdiction with the conviction of that the legal nature of the crime has changed.

 

Transactions of judge or court without subject-matter jurisdiction

Article 7 - (1) Transactions conducted by a judge or a court that lacks of subject-matter jurisdiction, are void, except those which their renewal are not possible.

 

CHAPTER THREE
Connected Cases

Concept of connection

Article 8 – (1) If a person is an accused of offences more than one or if there are accused persons whatever their attribution is more than one for an offence, it is deemed that there is connection.

(2) Backing offender after commitment of the offence, performance of terminating, concealing or changing evidences of crime are also considered as connected crime.

 

Opening of cases by joining

Article 9 – (1) If each one of connected crimes falls under different courts, there may be opened case by being joined at the court of higher jurisdiction.

 

Joinder and severance of cases on trial

Article 10 – (1) There may be decided to joinder or severence of connected criminal cases by the court of higher jurisdiction in every stage of investigation.

(2) In cases joined, trial procedure of the court which hears those cases is applied.

(3) The cases that are severed after consideration of their merits, are continued at the same court.

 

Joinder because of broad connection

Article 11 – If the court observes connection among several lawsuits that it has been hearing, though that connection is not in the kind which has been specified in the Article 8, it may decide to joinder of those lawsuits so as to hear and resolve together.

 

CHAPTER FOUR
Territorial Jurisdiction

Territorial jurisdiction of the court

Article 12 – (1) Territorial jurisdiction to hear a case, shall belong to the court where the offence has been committed.

(2) In attempt, the court of where the last act of execution has been made, in uninterrupted offences, of where the interruption has been actualized and in successive offences, of where the last offence has been committed shall have territorial jurisdiction.

(3) If the offence has been committed by a printed work published in Turkey, the territorial jurisdiction shall belong to the court where the publication center of the work is. However, if the same work has been published in more than one place and the offence took place in the imprint which occured out of publication center, the court where the work has been printed shall also have territorial jurisdiction for this offence.

(4) If the work has been distributed at residence or living place of the victim in defamation offence which its investigation and prosecution is bound to complaint, the court of that place shall also have territorial jurisdiction. If the victim is arrested or convicted outside of the place where the offence has been committed, the court of that place shall also have territorial jurisdiction.

(5) There shall be applied the provision of the third paragraph of this Article in audovisual publications as well. If audovisual publication has been heard or seen at the residence or living place of the victim, the court of that place shall also have territorial jurisdiction.

 

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PART THREE
Testimony, Expert Examination, Viewing

CHAPTER ONE
Testimony

Summoning of witnesses

Article 43 – (1) Witnesses shall be invited by summons. There shall be notified the consequences of not coming in summons. In works of arrest, there may be decided to bringing by force. There shall be indicated the reasons of being brought by this way in writing of decision and there shall be applied them transactions related to the witnesses who come through summons.

(2) This summon may also be made by making use of the means such as telephone, telegram, fax and electronic mail. However, the consequences that has been bound to summons shall not be applied in this case.

(3) The court may order to the officials during the hearing in writing the witnesses who have been regarded to be heard necessary immediately, to be made available on the date and time he or she will designate.

(4) The President of the Republic may refrain from testifying at his own discretion. In case he or she wishes to testify, his or her statements may be taken in his residence or he or she may send them in writing.

(5) The provisions of this Article can only be applied in cases where the person is heard as a witness before the Public Prosecutor, the judge or the court.

 

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