GÜNEŞ & GÜNEŞ LAW FIRM
CLIENT CENTER / PROCESS GUIDE
Criminal Investigation and Trial
An application made as a complainant or victim and the defense of a suspect or defendant require different steps. An investigation does not result in a criminal case being filed in every situation.
Review the steps, the necessary preparation and the key distinctions together.
CRIMINAL PROCEEDINGS / PROCESS GUIDE
How do a criminal investigation and trial proceed?
The steps may run in parallel or change depending on the nature of the matter. Also read the key distinctions below.
Start and the party’s position
The complaint/report, the need for a defense, and whether the person is a victim, complainant, suspect or defendant are determined. Urgent steps such as summonses, apprehension, police custody and protective measures are handled separately.
Investigation and evidence
At the prosecutor’s office stage, evidence in favor and against is investigated; statements, expert reports and other steps are carried out as the file requires. Decisions on measures and the available routes of objection are followed.
Outcome of the investigation: different routes
If there is sufficient suspicion, an indictment may be prepared. If a decision of non-prosecution (kovuşturmaya yer olmadığı kararı) is issued, the possibility of applying against it is assessed. Within the statutory scope, reconciliation (uzlaştırma), fast-track trial (seri muhakeme) or other special decisions may come up; these are not mandatory stages of every file.
Acceptance of the indictment and trial phase
The trial phase (kovuşturma) begins when the court accepts the indictment. Hearing preparation, summonses, defense counsel/representation and requests to intervene are assessed. In a suitable file, simplified trial is examined separately.
Trial, evidence and defense
According to the procedure that applies, the questioning of the defendant, the witnesses and the evidence are assessed. When the prosecutor’s opinion on the merits (mütalaa) is submitted, the defense against it is prepared. In a trial with hearings, the defendant who is present is given the last word before the judgment.
Judgment and conditions for special decisions
Acquittal, conviction and other possible decisions are assessed according to the specific file. Institutions such as deferral of the announcement of the judgment (HAGB) and similar ones may apply if their statutory conditions are met; an outcome is not guaranteed.
Reasoned judgment and route of appeal
Depending on the decision, the possibility of objection, appeal to the regional court of appeal (istinaf) or appeal to the Court of Cassation (temyiz) is determined by taking into account the decision date, service and transitional provisions. For HAGB, an older, general explanation of objection does not apply to all decisions.
Becoming final and post-judgment steps
Depending on the type of decision, enforcement of the sentence, supervision, return, confiscation or other measures may arise. Their conditions are examined separately; not every criminal file ends in enforcement of a sentence.
THIS DISTINCTION MATTERS
Do not overlook the conditions specific to your matter.
An investigation and the trial phase are different. Non-prosecution, reconciliation, fast-track trial and simplified trial are alternative/special routes. The decision and the legal remedy are determined according to the provisions on entry into force and transition.
BY TYPE OF CASE AND MATTER
Open the detailed flow that fits you.
ASSESSMENT SPECIFIC TO YOUR FILE
Let us clarify the next step together.
Tell us the subject of your file and the stage it is at. If there is a time-sensitive document, call the office main line without waiting for a written reply.
Sources and scope
This is general information. The type and date of your file and its special conditions may change the route to follow.
Content and source check: September 28, 2026 · Prepared for Güneş & Güneş Law Firm.