Paylaş: Preparation Phase for Trial and Initial Procedures
The preparation phase for trial, regulated by Articles 175 – 181 of the Turkish Criminal Procedure Code, begins with the acceptance of the indictment. This stage is essential for ensuring that the accused can adequately prepare for their defense.
Summoning the Accused and Defense Counsel
The indictment is served to the accused along with a summons. For non-detained defendants, the summons includes a warning that failure to appear without a valid excuse will result in a forced appearance. Detained defendants are notified of the trial date and asked if they have any requests regarding their defense; their defense counsel is also summoned. This procedure is documented within the correctional facility.
Trial Date and Right to Adjourn
There must be a minimum period of one week between the delivery of the summons and the trial date. If this requirement is not met, the court must inform the accused of their right to request an adjournment.
Preparation of Evidence and Witnesses
The accused may request the summoning of witnesses or experts or the collection of defense evidence by submitting a petition at least five days before the trial date. If the presiding judge or court denies a witness request, the accused or complainant may bring these individuals to court directly. However, requests solely intended to delay the trial will be rejected.
Additional Procedures in the Preparation Phase
If a witness or expert is unable to attend the trial due to illness or disability, they may testify via letter rogatory or audio-visual communication if available. Minutes of these procedures are provided to the prosecutor and defense counsel.
A detained defendant may only be present at proceedings in the court of their detention facility. However, if deemed necessary by the court, they may be ordered to appear in person.
This article was prepared by Attorney Hüseyin Bayar, founder of Bayar Law Firm, and belongs to Bayar Law Firm. It cannot be copied or used without permission.
