Criminal law · Legal information

The Indictment Was Served: What Should the Accused Read?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

In an indictment that was served, the act is read first, then the charge tied to this act, then the evidence list. The accused status starts with this paper. The paper is not a judgment of conviction. The condition of a return, the result of not going to the hearing, and the conditions of remand are not told in this article.

The envelope and the piece of service

The indictment often comes together with an envelope or with service papers. On the envelope, the name of the sending institution, the file number, and the date of service are looked for. The date is the day the paper reached you. If the envelope is torn, or the date cannot be read, the date is not completed. The real reading is placing the indictment inside the envelope and the service annotation side by side.

The piece of service is the back of the indictment, or a separate minute. On the minute stand the name of the person served, the date of service, and the signature. If there is no signature, the ground line is read. If there is no ground either, service is not assumed to have been made. If the minute is not in hand, news that “the indictment came out” does not build the service. The news is not a record that takes the place of the minute. If the postal record and the minute conflict, what is read is the difference of the two papers. The difference is not closed in words.

At the top of the first page of the indictment, the name of the court or of the prosecution, the investigation number, and the merits number if there is one, are on separate lines. Which number was written is read from that line. The two numbers are not written in each other’s place. If one is empty, the other does not fill it. In an indictment served in Ankara as well, the authority is the prosecution or the court in the heading of the paper. If another province is written in the heading, the step follows that heading.

If there is a page count or a list of annexes, that list shows how many leaves the indictment consists of. A missing leaf is not completed from the page in hand. The gap stands as the state of the paper. The signature on the last page is the signature of the prosecutor who drew the indictment up. If the signature line is empty, a signature is not added. A seal does not take the place of the signature.

Reading the act section line by line

The act is the section that stands in the indictment as place, time, and movement. The section often stands under the heading of the event or of the act, and sometimes inside the sentence of referral. The reader does not write the scene the reader remembers on top of this section. If the date line is empty, the date is not completed. If the place line is an address or a neighbourhood name, that name is read. The address is not changed for another address that is remembered.

If more than one movement stands one under the other, or in separate sentences, each line is its own sentence. The date on the first line is not carried to the second line. If the lines are not tied to a single event, the tie is not built from the reader’s mind. That they belong to the same day exists only if it is written on the paper. If it is not written, each movement stays in its own time.

The name is read from there if who did what is written inside the act. The sentence “I was not there” does not erase the act. This sentence is the subject of the defence. The defence is not a new indictment that takes the place of the text that was served. If someone else’s name appears in the act, that name is not read in place of your name. Your name is in the identity block. Your role in the act is in the act sentence. If the two places conflict, the conflict is not closed. Both are read as they are.

The last sentence of the act can write what the result was. If there is no result sentence, a result is not invented. A consequence is read only if it is written in that sentence. The consequence does not take the place of the name of the offence. The name is under a separate heading.

The name of the charge, and the statute line

The charge is the name the prosecutor gave to the act. The name is not a label that sticks to the act of its own accord. If there is a name on the paper, a second name is not added. The name stands beside the heading of referral or of the offence. If more than one name is written one under the other, each name is its own line. If the lines are not tied to a single offence, a tie is not built.

If the statute line is written, that line is read. The line can show the name of the Act and the article. If there is no line, an article number is not completed from this text. The narration of the act and the name of the offence are separate lines. The narration says a movement. The name says the name the prosecutor gave to this movement. If the two look as if they do not match, the mismatch is not closed by the reader’s correction. The two lines stand as they are.

The name of the charge is not the name of a conviction. Service shows the accused the act and the charge. The court’s judgment is not built in the margin of this paper. A judgment sentence is not looked for. If there is no judgment sentence, one is not added. The result and request section writes what the prosecutor asks of the court. The request is not a conviction decision. If there is no request sentence, a request is not added. If there is a sentence, the sentence can be a repetition of the act and of the charge. The repetition does not add a new offence.

The breakdown of the evidence list

The evidence list is the breakdown of the minutes, documents, and statements shown as the basis. The list stands item by item under the heading of evidence. Each item is its own record. One item can write a statement, another a minute, and another a document. The items are not reduced to a single piece of evidence.

A statement that appears on the list is not the judgment itself. How the statement was built at the session is in the article on before giving a statement. Treating as existing a record whose name is not on the list changes the paper that was served. The sentence “it is in the file” does not change the list. A record that is not on the list is not treated as later added to the indictment that was served.

If the complaint stands on the list as a separate document, the application and the indictment are not mixed. The place of the application is in the article on I was complained of. That the complaint petition appears on the list does not mean every sentence in the petition is the act of the indictment. The act is in the act section. The petition is an evidence line on the list.

If a witness’s name appears on the list, that name is read. If there is no name, a witness is not added. If an expert record is a line on the list, the result of the report is not completed from this text if it is not also written inside the indictment. If the report itself is not in hand, a judgment is not built as if the report were there. What is read is the line on the list. If there is a date on the line, the date is read. If there is no date, a date is not added.

The line where the accused status starts

On an investigation summons the person is called a suspect. The summons itself is under a prosecution summons. The indictment that was served writes the person as the accused. The status starts with this service. The word “suspect” on the summons does not carry the service backwards and start the status early. The order of the investigation up to the indictment is in the article on a prosecution investigation. This text does not summarise that order.

News that has no piece of service does not build the accused status. The date on the piece is the day the paper was notified. A period for an answer is not derived from the date. This article does not put a day count. That “accused” is written in the identity block, standing together with the service annotation, shows that the status is read from this paper. If there is no annotation, the word in the identity block is not treated as served. If the word stands on the copy in hand, that copy is read. That service was made is understood from the annotation.

If there is more than one accused, each name is on its own line. The person standing beside your name has not shared your act of its own accord. Sharing exists if it is written in the act sentence. If it is not written, each name stays on its own line. If the address line is empty, the address is not completed. The address does not take the place of the place of the act. The place of the act is in the act section.

Three subjects that stay outside this paper

Whether the court will return the indictment is not the reading order of the page that was served. What the return changes is in the article on return of the indictment. A summons relating to the hearing is not taken out of the margin of this page either. The place where the hearing summons is read is the heading a summons to a criminal hearing. The condition of remand is not looked for in the margin of the evidence list. The three are not on the reading list of this paper.

Service makes the act, the charge, and the evidence list visible. If these three blocks are together, the accused sees what the accused is charged with and which records this charge is tied to. If one of the blocks is missing, the missing block is not completed with the other two. The gap stands as the state of the paper. Filling a missing leaf with an oral account changes the text that was served.

Conclusion

The accused separates the act, the charge, and the evidence list in the served indictment in hand. The status starts with this paper. A conviction is not built with this paper. If there is no service annotation, the news does not take the place of the service. If the text that was served is standing, the assessment is made over that text through contact. The general place of the prosecution papers is the criminal law page. The text is according to the provisions of the Code of Criminal Procedure No. 5271.

Legislation

Frequently asked questions

What is the first place looked at in an indictment that was served?

It is the section where the act is written. The place, the time, and the movement are read from the sentence in that section. If the date line is empty, do not fill the date with a scene you remember. The name of the offence and the evidence list come after that, under their own headings. If the three blocks are together, you see what you are charged with and which records this charge is tied to.

Does the accused status start with the word “suspect” on the summons?

No. On the summons the person is called a suspect. The accused status is read with the indictment that was served. If the date and the name are not on the service annotation, news that “the indictment came out” does not start this status. The date on the annotation is the day the paper reached you. Do not derive a period for an answer from this date.

If my name is not on the evidence list, is that record treated as existing?

A record that is not on the list is not treated as later added to the indictment that was served. The sentence “it is in the file” does not change the list. Read each item as its own line. If a statement appears on the list, this does not mean the statement has turned into a judgment. How the statement was taken is not the subject of the line on the list.

Is service of the indictment a conviction?

It is not. Service shows the accused the act, the charge, and the evidence list. The court’s judgment is not built in the margin of this paper. The name of the charge is not the name of a conviction. The result and request section writes what the prosecutor asks of the court. If there is no request sentence, do not add a request.

Are return, not going to the hearing, and remand read from this paper?

They are not read from it. The page that was served does not carry the condition of these three questions. The reading is limited to the act, the charge, and the evidence list. If a return decision is standing separately, do not paste it onto the act section of the indictment. The hearing day is not taken out of the margin of this page either.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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