Review of Evidence and Criminal Proceedings
In criminal proceedings, it is not enough for a piece of evidence merely to be in the file. How the evidence was obtained, how it was kept, how it entered the file, its content, its reliability, its relationship with the other evidence and whether it was discussed at the hearing are assessed together.
The work carried out in this scope includes:
- Comparing the indictment, statements, records and institutional records
- Examining camera, audio, call detail record (HTS)/cell tower, bank and digital records
- Reviewing forensic medicine, criminal laboratory, traffic, financial and technical expert reports
- Objecting to incomplete, contradictory or unverifiable reports
- Reviewing the procedural lawfulness of witness and identification procedures
- Objections concerning unlawfully obtained evidence
- Requests for gathering evidence, on-site examination, expert opinions and hearing witnesses
- Defense or the intervening party’s statement against the opinion on the merits
- Factual and legal review of the reasoned decision
Reconciliation, Expedited Trial, Simplified Trial and Other Special Procedures
A criminal file does not have to proceed through a classic trial with hearings in every case. Depending on the type of offense and the statutory conditions, institutions such as reconciliation (uzlaştırma), advance payment, deferral of the filing of public prosecution, the expedited trial procedure (seri muhakeme), the simplified trial procedure or deferral of the announcement of the judgment may come into play.
The matters assessed in this scope are:
- Whether the offense falls within the scope of reconciliation
- The legal position of the suspect, defendant or victim in reconciliation talks
- The criminal and compensation consequences of performance, waiver and settlement
- The conditions of an expedited trial proposal and its assessment with defense counsel present
- The simplified trial procedure and applications against the judgment
- Advance payment and deferral of the filing of public prosecution
- Deferral of the announcement of the judgment, suspension, alternative sanctions and judicial fines
- The effect of withdrawing a complaint and of acceptance on the case
These institutions are not applied automatically. Before an acceptance or rejection decision is made, the penalty, security measures, compensation, criminal record and other legal consequences must be assessed together.
HAGB, Acquittal and Suspension Are Not the Same Outcome
Deferral of the announcement of the judgment (HAGB) is not the same institution as acquittal or suspension of the sentence. Article 231 of the Code of Criminal Procedure (CMK) was restructured by Law No. 7589. Its application is assessed together with the sanction, any previous conviction, compensation of the damage and the statutory exceptions. Torture, cruel treatment and certain acts of ill-treatment committed by reason of public duty are outside its scope. The route of challenge against the decision is determined by the date of the decision and the transitional provisions.
How the evidence was obtained matters as much as its existence
A message, a camera recording, an expert report and a witness statement are assessed for their source, integrity, lawfulness and consistency with the other evidence. A screenshot being in the file does not mean the accusation has been proven. Reconciliation, the expedited trial procedure and the simplified trial procedure are also not a single method available for every offense.
Preparing for the Consultation and Next Step
Prepare the file number, the existing decision or summons, and the date of the approaching procedure. Note any missing documents; do not hold back a time-limited procedure while they are completed. After the review, the appropriate request, any additional documents needed and the scope of services to be undertaken are explained.