Criminal law · Legal information

An Expedited-Judgment Offer Arrived: What Does Acceptance Close?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Accepting an expedited-judgment offer is a route of ending that differs from the classic hearing. Acceptance is not deferment of the announcement of the verdict. It is not an acquittal either. The name of the procedure is Article 250 of the Criminal Procedure Code. The catalogue of offences, a day, and a reduction rate are not told in this article.

The heading of the offer paper

The offer is the paper of the public prosecutor's office. The name of the prosecutor's office stands on the first line. If the name is absent, the authority is not completed. Under the name, the investigation number and the date of the offer are looked for. If the number is empty, the number is not carried from another paper. The date is the day the offer was drawn up. If there is no date, a date is not added.

On an offer drawn up in Ankara too, the authority is the prosecutor's office or the court in the heading of the paper. If another province is written in the heading, the act follows that heading. If it was said orally that the offer came from somewhere else, the word does not change the heading. The heading writes that it is an expedited-judgment offer. If the heading carries the name of another procedure, the paper is not read as an offer of this procedure.

The signature under the paper is the signature of the prosecutor who made the offer. If the signature line is empty, a signature is not added. A seal does not hold the place of the signature. Before the offer is explained to the person, this identification is read. If the identification is incomplete, the incomplete line is not filled with the statement of acceptance.

The act, the name of the offence, and the sanction line

The act is the part that stands on the offer as place, time, and movement. The reader does not write the scene they remember on top of this part. If the date line is empty, the date is not completed. If more than one movement is written, each line is its own sentence. If the lines are not tied to a single event, a tie is not made. An act that is not written on the paper does not enter the scope of this offer.

The name of the offence is the name the prosecutor gave the act. The name is not a label that sticks to the act by itself. The catalogue in the statute is not memorized in place of this line. Article 250 of the Criminal Procedure Code counts the offences in its own text. This article does not copy that count. If there is a name on the paper, a second name is not added. If there is no name, a name is not completed. If the sentence of the act and the name of the offence look as if they do not match, the mismatch is not closed. The two lines are read as they stand.

The sanction is also the figure on the paper. The figure stands in the result section of the offer or on a separate line. If the fraction is not on the paper, it is not added from here. A money threshold is not written. If the figure is empty, the gap is not filled. The figure does not cover another event that is not written in the act. If another investigation's number is not on this line, that investigation does not close with the same offer.

The explanation made while counsel is present

The offer is explained while defence counsel is present. The record of the explanation writes counsel's name, that they were present, and that the offer was explained. If the line is absent, the explanation is not treated as made. If there is no chosen counsel, an appointment is a precondition of the explanation. The appointment writing carries counsel's name and the investigation number. If the number is not the same as the number on the offer, the two files are not mixed. The appointment is not an obligation to accept. Appointed counsel does not stand in for the statement of acceptance.

The record of the explanation and the statement of acceptance stand on separate lines. The record writes that the offer was told. The statement writes whether the person accepted. The two are not melted in a single signature. The signature is looked for separately under the statement. If there is no signature, acceptance is not treated as formed. A signature placed while counsel was absent is not read as acceptance of this procedure. The rights in the statement session are in the before giving a statement article. The summons itself is under a summons from the prosecutor. The summons does not stand in for the offer paper. The course of the investigation is in the prosecutor's investigation article. The three are not repeated here as the condition of accepting the offer.

The end that acceptance chooses

Acceptance chooses, for the act written on the paper, the route that stands in place of the trial in which evidence is spoken of at the classic hearing. The sentence of acceptance is limited to the act and the name of the offence on the offer. The sentence does not cover an act that is not written on the paper. Acceptance is not a sign that drops the file without the court looking. The court reviews whether the offer fits the conditions. If the review is found suitable and a judgment is built, that judgment may be an ending without a hearing. The ending is not an acquittal. What a judgment of acquittal is appears in the judgment of acquittal article. Acceptance is not pasted in place of that judgment.

It is not deferment of the announcement of the verdict either. That institution is another route that postpones announcement of the judgment. The name of that route is in the deferment of the announcement of the verdict article. Acceptance of the expedited procedure does not create the postponement. The two papers are not joined in the same signature. If the heading you hold is expedited judgment, the heading is not changed for the name of the other route.

The court's review decision is a separate paper. The decision writes the name of the court, the date, and whether the offer was applied. If there is no decision, a judgment is not treated as built. If the decision applies the offer, the result is the sentence in that decision. If the sentence is absent, a result is not added. If the decision does not apply the offer, the non-application cannot be shortened as an acquittal either. Non-application is not deferment of the announcement of the verdict either.

An offer that is not accepted

Not accepting does not create a judgment of conviction at that moment. The statement of refusal stands on a separate line of the record. If the line is absent, a refusal is not assumed. Silence is not completed as acceptance. The classic investigation or prosecution route may stay open. That it stays open does not mean the hearing was set up the same day. The hearing day is not drawn from the margin of the offer paper. If the day is written on a hearing summons, it is read from that summons. If there is no summons, a day is not added.

Refusal does not also produce a result that erases the sanction figure on the offer. The figure remains on the offer that was not accepted. The figure does not become a penalty applied by itself after the refusal. Application is looked for in the decision the court builds on acceptance. If that decision is absent, the figure remains as a line standing in the text of the offer.

Another investigation does not close with this refusal. The refusal relates only to the offer written on the record. If the number on the offer and the number of the other file differ, the two files are not joined. A joinder exists if it is written on the paper.

The application sentence in the court's decision

The court's paper is separate from the offer record. At the top stand the name of the court, the file number, and the date. The number may not be the same as the investigation number on the offer. If a prosecution number was opened, that number is in its own box. The two numbers are not read in each other's place. The date is the day of the court's decision. The date of the offer does not stand in for this day.

In the middle of the decision, a sentence on applying or not applying the offer is looked for. If there is an application sentence, it is looked at whether the sentence mentions the act and the name of the offence on the offer. An act that is not mentioned is not added to the application sentence. If the sentence is absent, the offer is not treated as applied. If there is a sentence of non-application, that sentence is not shortened as an acquittal. The sentence is not read as deferment of the announcement of the verdict either. If the names of the two institutions are not written in the decision, they are taken as not written.

The signature under the decision is the judge's signature. The prosecutor's signature on the offer does not stand in for this signature. If the offer record is more than one page, the investigation number is looked for on each page. If the number is absent on one page, whether that page counts as part of this offer is read from the heading of the page. If there is no heading, the page is not treated as added to the record. If the order of the pages is mixed, the order is built from the page number. If there is no page number, an order is not invented. If the statement of acceptance is on the last page, the statement is read together with the act and the name of the offence on the earlier pages. If an earlier page is missing, the act on the missing page is not written into the scope of the statement.

Beside the person's fingerprint or signature on the record, a sentence such as "I have read it" may stand. If the sentence is absent, it is not assumed that it was read. If the sentence is there, the sentence is not a finding that every line of the offer was understood. What was understood is the line written on the record. If counsel's initials are in the margin of the page, the initials show that the page was seen. If there are no initials, the page is not erased as unseen either. The initials do not stand in for the statement of acceptance. If there is a service annotation, the date on the annotation is the day the court's decision reached you. If there is no annotation, arrival is not assumed. A new period is not derived from the annotation. If the sanction figure is also written in the court's decision, what is read is the figure in that decision. If there is no figure in the decision, the figure on the offer is not carried as if a judgment had been built. The carrying exists only if the application sentence expressly mentions the figure.

Conclusion

Acceptance is an ending that parts from the classic hearing and that the court reviews. It is not deferment of the announcement of the verdict. It is not an acquittal. The sanction is read from the figure on the offer. If there is no figure, a fraction is not added. If the counsel line is absent, acceptance is not treated as formed. If the offer record stands, the assessment is made on that record through contact. The general place of the routes of ending is the criminal law page. The procedure is named in Article 250 of the Criminal Procedure Code No. 5271.

Legislation

Frequently asked questions

Is accepting the expedited-judgment offer an acquittal?

It is not. Acceptance chooses a route of ending that differs from the classic hearing. Read the statement of acceptance together with the act and the name of the offence on the offer paper. The court reviews the offer. Without a review decision, a judgment is not treated as built. If a judgment is built at the end of the review, that judgment is not an acquittal.

Is acceptance a deferment of the announcement of the verdict?

No. Deferment of the announcement of the verdict is a separate route that postpones announcement of the judgment. Acceptance of the expedited procedure does not create that postponement. If the heading of the paper you hold says expedited judgment, do not change that heading for the name of the other route. The two papers are not joined in the same signature.

Why is the catalogue not looked for on the offer paper?

Article 250 of the Criminal Procedure Code lists the offences in the statute. The name that is read is the offence written on the offer. Memorizing the catalogue does not stand in for the name on the paper. If the paper has a name of an offence, do not add a second name. If there is no name, do not complete a name. The sentence of the act and the name of the offence are separate lines.

If the reduction rate is not on the offer, which fraction is written?

None. The sanction is read from the figure on the offer paper. If there is no figure, do not complete a fraction. A money threshold is not added either. If the name of the offence and the act stand beside the figure, read the three lines apart. The figure does not cover another event that is not written in the act.

Does a signature placed when counsel is not ready count as acceptance?

It does not. The offer is explained while defence counsel is present. Look on the record for counsel's name and a line that they were present. If the line is absent, do not treat acceptance as formed. If there is no chosen counsel, an appointment is a precondition of the explanation. The appointment writing is not an obligation to accept.

Does refusing create a conviction that day?

It does not. The statement of refusal stands on a separate line of the record. The classic investigation or prosecution route may stay open. That it stays open does not mean the hearing was set up the same day. The court's not applying the offer cannot be shortened as an acquittal either. If there is a decision not to apply it, that decision is read under its own heading.

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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