Guide to Ankara High Criminal Courts: Investigation and Trial Process

Aug 11
48 min read

Ankara Judicial Organization Structure: Division of Duties Between the Sıhhiye Central Building, Ankara West (Sincan) and Additional Service Buildings

Criminal proceedings within the Ankara provincial boundaries are divided into two main judicial districts (sub-districts) due to judicial organization: Ankara Courthouse (Central) and Ankara West Courthouse .

Ankara Sıhhiye Courthouse (Main Building and Annex Buildings): Conducts criminal investigations and prosecutions in the districts of Çankaya, Altındağ, Keçiören, Mamak, Yenimahalle, Pursaklar, Gölbaşı, Elmadağ, Akyurt, and Kalecik. The Ankara Sıhhiye Courthouse's high criminal courts are located in the main building and operate in numerous panels, starting with the 1st High Criminal Court.
Ankara West Courthouse (Sincan): Covers criminal proceedings in the districts of Sincan, Etimesgut, Kahramankazan, Ayaş, Beypazarı, Güdül, Nallıhan, and Kızılcahamam. The Ankara West High Criminal Courts are subordinate to an independent judicial commission.
Sincan Prison Courtrooms: In cases involving multiple defendants, organized crime or terrorism trials affecting public security, trials are held at the Ankara Sincan Prison courtroom complex due to security and physical capacity considerations.

Citizens and lawyers can verify the location and court number of a case by using the UYAP Citizen/Lawyer Portal to search for case information at the Ankara Courthouse or by contacting the relevant court clerk's internal phone lines.

Key Differences Between High Criminal Courts and Ordinary Criminal Courts

According to Law No. 5235 on the Establishment, Duties and Powers of First Instance Courts and Regional Courts of Appeal, first instance criminal courts are divided into two categories in terms of jurisdiction.

Criterion	Criminal Court of First Instance	High Criminal Court
Trial Panel	Single Judge	Panel (1 Chairperson + 2 Member Judges)
Prosecution	The prosecutor is not present at the hearing.	The Public Prosecutor is present in person at the hearing.
General Penalty Limit	The maximum sentence is up to 10 years in prison (including 10 years).	Prison sentences exceeding 10 years
Specially Authorized Crime Types	Petty theft, simple assault, insult, threat, etc.	Crimes such as intentional homicide, looting, drug trafficking, bribery, crimes against the state, etc.
Compulsory Legal Representation	For crimes with a minimum sentence of more than 5 years	It is mandatory to appoint a lawyer for the defendant throughout the entire trial.

The Panel Structure of the High Criminal Court

The legal answer to the question " How many people make up the panel of judges in a high criminal court?" is a three-judge panel, according to the Code of Criminal Procedure and Law No. 5235.

The Presiding Judge: Ensures the order and conduct of the hearing, manages procedural actions, and directs deliberations.
Senior and Junior Member Judges (2 people): Examine the evidence in the case, may actively ask questions during the hearing, and vote during the decision-making phase.
Public Prosecutor: Not a member of the court panel, but the prosecution. Sit at the podium alongside the panel; present their opinion on the merits of the case and request punishment on behalf of the public.
Court Clerk: Prepares the court minutes under the supervision of the presiding judge.

Court decisions are made unanimously or by majority vote (2 to 1). Judges who do not agree with the decision write their dissenting opinion below the decision. Outside of working hours or on weekends, appeals against arrest warrants , detention orders, and emergency protective measures are handled by the Ankara duty high criminal court .

Basic Types of Crimes and Minimum Sentences Falling Within the Jurisdiction of the High Criminal Court

The jurisdiction of the High Criminal Courts is determined by the severity of the punishment prescribed by law for the crime and the types of crimes specifically designated by law.

The legislator has directly assigned to these courts the catalog of crimes that severely undermine social order, public safety, and personal inviolability, as well as those punishable by imprisonment exceeding 10 years.

Crimes Against Life: Intentional homicide (Turkish Penal Code Article 81 - life imprisonment), aggravated intentional homicide (Turkish Penal Code Article 82 - aggravated life imprisonment).
Crimes Against Bodily Integrity: Aggravated intentional injury resulting from its consequences (Turkish Penal Code Article 87/4).
Crimes Against Property: Aggravated robbery/extortion (Turkish Penal Code Article 149 - 10 to 15 years), aggravated fraud through information systems or public institutions (Turkish Penal Code Article 158 - 3 to 10 years, with a lower limit of 4 or 5 years in certain cases).
Crimes Against Public Health: Manufacturing and trafficking of narcotic or stimulant substances (Turkish Penal Code Article 188 - minimum sentence starts at 10 years, can reach 20-30 years in organized and specific cases).
Crimes Against Public Trust: Forgery of official documents (Turkish Penal Code 204/2, committed by a public official - 3 to 8 years; for multiple official documents or in consecutive cases, the jurisdiction of the High Criminal Court), counterfeiting of currency (Turkish Penal Code 197).
Crimes Against Public Trust and Functioning: Embezzlement (Turkish Penal Code Article 247 - 5 to 12 years), extortion (Turkish Penal Code Article 250), bribery (Turkish Penal Code Article 252 - 4 to 12 years), rigging tenders (Turkish Penal Code Article 235).
Crimes Against State Security and Constitutional Order: Attempting to overthrow the constitutional order (Turkish Penal Code Article 309), establishing, managing, and being a member of a terrorist organization (Turkish Penal Code Articles 220 and 314 - with amendments under Law No. 3713 on Combating Terrorism).

What does this mean?

The criminal justice system has established two main types of courts based on the severity of the crime. If your case is heard in a "Chief Criminal Court," you will face a single judge for a relatively less serious charge (generally up to 10 years).

However, if your case falls under the jurisdiction of the High Criminal Court , it means you are facing serious charges that carry consequences of imprisonment for many years, such as murder, drug trafficking, extortion, large-scale fraud, or crimes against the state.

Here you will not face a single judge, but a panel of three judges, including the presiding judge, and the prosecutor. Due to the seriousness of the trial, the law mandates that a defense attorney be appointed by the bar association on your behalf, even if you do not have one.

If you live in Ankara, your case will be assigned to either the main Ankara Courthouse in Sıhhiye or the Ankara West Courthouse in Sincan, depending on the district where the crime was committed or where you reside.

Legal Representation and Professional Process Information

Cases heard in High Criminal Courts and prosecutorial investigations are technical processes that directly concern personal liberty, have strict procedural deadlines, and can lead to irreparable loss of rights. For the process to be overseen by legal experts specializing in criminal law, both during the investigation phase when giving statements and during the trial phase in order to ensure favorable interpretation of evidence and effective protection of legal rights, it is vital that the process be conducted under the supervision of legal professionals specializing in criminal law.

Online Appointment Request

Ankara Chief Public Prosecutor's Office Investigation Phase: Initial Contact and Statement Processes

Processing of Criminal Complaints, Reports and Grievances (Public Prosecutor's Office)

The investigation phase, the first step in criminal proceedings, begins when the competent authorities become aware of suspicion of a crime through a report, complaint, or ex officio (spontaneous) action. In Ankara province, judicial processes are officially recorded through the Ankara Public Prosecutor's Office within the Ankara Sıhhiye Courthouse or through law enforcement units (police/gendarmerie stations).

Upon submission of a criminal complaint to the prosecutor's office, an investigation (preliminary) number is assigned. The Ankara Chief Public Prosecutor's Office distributes the investigation to the relevant specialized offices according to the nature of the case.

General Investigation Bureau: Crimes not included in the catalog and those relating to general public order.
Ankara Terror Crimes Investigation Bureau: Organized crimes or crimes against the state within the scope of the Turkish Penal Code and Law No. 3713.
Ankara Smuggling and Financial Crimes Investigation Bureau: Economic crimes such as aggravated fraud, bribery, embezzlement, bid rigging, and tax evasion.
Application and Duty Office: The unit that coordinates detention, arrest, and urgent evidence gathering decisions.

As part of the investigation, a summons is sent to the person accused via notification. The legal answer to the question "What should be done when a summons is served?" is to be present at the relevant prosecutor's office at the specified time and date. Those who fail to comply with the summons without providing a valid excuse will be subject to a warrant for compulsory appearance or a direct arrest warrant in accordance with Article 146 of the Code of Criminal Procedure.

Interrogation Procedure at Law Enforcement (Police/Gendarmerie) and Prosecutor's Office Stages

The most critical stage in a criminal investigation is the statement-taking process, where the suspect's initial statements are recorded. This process is carried out by law enforcement agencies (police station, public security, Organized Crime, Counter-Terrorism branches) or directly by the Public Prosecutor.

How to give a statement to the prosecutor's office? And what procedures are followed when preparing a statement at the police station?

Identity Verification: The suspect's identity, address, occupation, and economic status are fully recorded.
Statement of the Allegation: The act attributed to the suspect and the specific law violated by that act are clearly explained.
Police Station Statement Record Sample and Procedure: The statement is recorded by the court clerk/law enforcement officer in a question-and-answer or free-form manner. Each page of the statement record is signed by the suspect, the defense attorney, and the officer taking the statement.
Prohibited Evidence and Prohibited Interrogation Methods: According to Article 148 of the Code of Criminal Procedure, statements obtained through methods that impair the suspect's free will, such as ill-treatment, torture, forced medication, exhaustion, deception, coercion or threats, or the promise of an unlawful benefit, are legally invalid and cannot be used as evidence in court.
Investigation Report Preparation: When law enforcement completes its investigation procedures, it prepares an investigation report. What is an investigation report, and what happens after it's prepared? An investigation report is a summary report submitted to the prosecutor's office by the police or gendarmerie, outlining the evidence gathered and suspect statements. The file, along with the investigation report, is sent to the Public Prosecutor conducting the investigation for a final decision.

Suspect's Legal Rights: Right to Remain Silent, Request for Legal Counsel, and Right to Inspect Files

Article 147 of the Code of Criminal Procedure mandates that the suspect be individually informed of their rights before giving a statement or being interrogated:

Suspect's Rights and the Right to Remain Silent: The suspect's right to remain silent and not answer questions regarding the accusations against them is an absolute right of defense. The exercise of the right to remain silent cannot be interpreted as evidence against the suspect or an admission of guilt.
Appointment of a Defense Counsel and a Lawyer Under the Code of Criminal Procedure: The suspect has the right to the assistance of one or more lawyers at every stage of the investigation. If the suspect lacks the financial means to hire a lawyer, a lawyer under the Code of Criminal Procedure will be appointed by the Bar Association upon request, or, in cases of serious crimes punishable by imprisonment exceeding 5 years, this will be mandatory.
Right to Request the Collection of Evidence: The suspect may request the prosecutor's office to collect not only evidence against them, but also evidence in their favor that proves their innocence.
Confidentiality Order and File Inspection Authority (Article 153 of the Code of Criminal Procedure): As a rule, the defense attorney may examine the contents of the investigation file and obtain copies of documents free of charge. However, in situations that would jeopardize the purpose of the investigation , a confidentiality order (restriction order) may be issued for the file by the Magistrates' Court at the request of the prosecutor.
Appealing a Restraining Order: Even if a restraining order has been issued, the arrest warrant, the suspect's own statement, and expert reports cannot be prevented from being examined by a lawyer. In accordance with Article 153/3 of the Code of Criminal Procedure, an appeal against unjust restraining orders can be filed with the issuing authority and a higher Magistrates' Court.

Protective Measures in Investigations: Detention, Search, Seizure, and Technical Surveillance.

To ensure the proper conduct of investigations and prevent the loss of evidence, the Code of Criminal Procedure provides for a number of temporary restrictive measures:

Protective Measure	Legal Basis	Decision-making Authority	Time/Application Limit
Arrest and Detention	CMK 90, 91	Prosecutor's Order / Law Enforcement	For individual crimes, the maximum detention period is 24 hours (+12 hours transfer time). For collective/organized crimes, it can be extended up to 3 days by the prosecutor's decision ( how many days is the detention period? It cannot exceed a total of 4 days).
Home and Workplace Search Warrant	CMK 116, 119	Judge's Decision (Prosecutor's Decision if delay would be detrimental)	There must be reasonable suspicion of a crime and the possibility of obtaining evidence. As a rule, searches of residences cannot be conducted at night (except in cases of flagrant crime or when delay would be detrimental).
Seizure and Confiscation Measure	CMK 123, 127	Judge's Approval / Prosecutor's Approval	Items used in or obtained from a crime are confiscated. In the case of digital materials (CMK 134 - computer/mobile phone), direct confiscation without backup (image creation) constitutes a violation of the law.
Monitoring and Listening with Technical Devices	CMK 135, 140	High Criminal Court / Magistrates' Court	Can phone tapping recordings be considered evidence in court? Only in cases involving a limited number of crimes specified by law (drug trafficking, murder, bribery, organized crime, etc.) and only recordings made with a proper court order can be considered evidence. Recordings made illegally cannot be used as the basis for a judgment.

Possible Decisions and Alternative Courses Based on the Investigation

The public prosecutor, after evaluating the evidence gathered during the investigation phase, makes one of the following decisions:

Decision of No Grounds for Prosecution (KYOK/Dismissal): This decision is made when sufficient evidence to create reasonable suspicion cannot be obtained or when the act is not deemed to constitute a crime. The appeal period for a dismissal decision is 15 days from the date the decision is served to the complainant or their representative. The appeal is made in writing to the Ankara Duty Magistrate Court within the jurisdiction of the prosecutor's office that issued the decision.
Preparation of the Indictment by the Prosecutor's Office: If, at the end of the investigation phase, there is sufficient suspicion of a crime to initiate a public prosecution, the prosecutor's office prepares an indictment containing both evidence for and against the suspect and submits it to the competent court (High Criminal Court or Criminal Court of First Instance).
Postponement of Public Prosecution (PPP): In cases involving offenses punishable by imprisonment of 3 years or less, the prosecution may postpone the initiation of proceedings for a period of 5 years, provided the suspect has not previously been convicted of an intentional crime.
Crimes Subject to Mediation: In cases where the victim is an individual and the crimes are explicitly listed in the law (simple assault, threat, insult, certain forms of fraud, etc.), the file is sent to the Ankara Mediation Office. If the parties reach an agreement, with or without compensation, a decision of non-prosecution or dismissal of the case is issued.
What is the Expedited Trial Procedure? Only in the limited catalog of crimes listed in Article 250 of the Code of Criminal Procedure, the prosecutor offers the suspect a sanction that provides for a 1/2 reduction in the sentence. If the suspect accepts the offer in the presence of their lawyer, the case is approved and decided by the Magistrate Judge without a hearing.
Penalty Dropping Through Prepayment: In cases involving offenses punishable only by a fine or imprisonment not exceeding 6 months, the public prosecution is suspended upon payment of the calculated amount to the Treasury.

What does this mean?

The investigation phase refers to the period from the moment an accusation is made against you until a decision is made on whether or not to proceed with trial.

During this process, your name is still "suspect," not " defendant ." The legal process usually begins with a phone call from the police station, a summons from the prosecutor's office arriving at your home, or a search and arrest operation conducted in the early morning hours.

Your initial statement at the police station or prosecutor's office forms the backbone of the criminal case; changing your statement later by saying "I was nervous, I misspoke" seriously undermines your credibility in practice. The law grants you the right to know the charges against you, the right to remain silent, and the right to request legal representation.

If the prosecutor finds insufficient evidence at the end of the investigation, they will close your case ( Dismissal/No Further Action ). However, if they see reasonable suspicion that you have committed a crime, they will prepare an indictment against you, thus officially initiating the trial process in a high criminal court.

Legal Representation and Professional Process Information

Cases heard in High Criminal Courts and prosecutorial investigations are technical processes that directly concern personal liberty, have strict procedural deadlines, and can lead to irreparable loss of rights. For the process to be overseen by legal experts specializing in criminal law, both during the investigation phase when giving statements and during the trial phase in order to ensure the favorable interpretation of evidence and the effective protection of legal rights, it is vital that the process be conducted under the supervision of legal professionals specializing in criminal law.

Online Appointment Request

Measures Restricting Freedom: Ankara Magistrates' Courts and the Detention Process

Arrest Conditions and Strong Suspicion Criterion under Article 100 of the Code of Criminal Procedure

In criminal proceedings, arrest is not a means of punishment; it is the most stringent protective measure that guarantees the proper conduct of the trial, the preservation of evidence, and the presence of the suspect before the court. According to Article 100 of the Code of Criminal Procedure (Law No. 5271), two fundamental legal conditions must be met simultaneously in order for an arrest warrant to be issued against a suspect or defendant:

Concrete Evidence Demonstrating Strong Suspicion of Guilt: There must be physical evidence, forensic investigations, call records, or concrete witness statements that strongly suggest the suspect committed the crime. Abstract claims and assumptions cannot be used as grounds for arrest.
Finding a Reason for Arrest:
- Fleeing, Hiding, or Suspicion of Escape: The suspect has no place of residence, is using a false identity, or there are concrete facts indicating that they are preparing to flee abroad.
- Risk of tampering with evidence: The possibility that the suspect may attempt to destroy, conceal, alter evidence, or exert pressure on witnesses, victims, or others.

Presumption of Arrest in Catalog Crimes (Article 100/3 of the Code of Criminal Procedure): In certain serious crimes listed restrictively in the law (Intentional homicide Articles 81/82, Qualified robbery Article 149, Trafficking in narcotics or stimulants Article 188, Membership in a terrorist organization Article 314, Sexual assault and abuse, Bribery Article 252, etc.), the existence of grounds for arrest can be presumed by law. However, the legislator mandates that even in catalog crimes, the conditions of concrete evidence and proportionality must be met.

Principle of Proportionality: If the aim sought by the measure of arrest can be achieved with a less stringent protective measure such as judicial supervision, an arrest warrant cannot be issued against the suspect.

An Alternative to Arrest: Judicial Control Measures

What is judicial supervision? It is a flexible protective measure that allows a suspect to be released under supervision instead of being imprisoned when grounds for arrest exist (Article 109 of the Code of Criminal Procedure).

Type of Judicial Control	Implementation Principles and Scope	Consequences of Violation
Travel Ban	The suspect's passport is restricted, preventing them from leaving the country. Requests to lift the travel ban are submitted to the court handling the case.	Attempting to cross the border illegally is grounds for arrest.
Obligation to Sign	The suspect must report to the nearest police/gendarmerie station to their residence on specific days of the week to sign in.	In case of violation of the judicial control signature obligation, the Magistrates' Court can issue an arrest warrant directly.
House Arrest (Not Leaving the Residence)	The suspect is kept under surveillance at home via electronic ankle monitor. For every two days spent at home, one day of imprisonment is deducted from their sentence in the event of a conviction.	Leaving the designated area is grounds for arrest.
Being Banned from Going to Certain Places	A restraining order prohibiting the perpetrator from approaching the victim's home, school, workplace, or specific locations.	In case of violation, the measure is converted to arrest.
Deposit of Security (Bail)	Release on the condition that the specified cash amount is deposited into the court treasury.	If the defendant fails to appear in court without a valid excuse, the money will be confiscated by the Treasury.

Where should a petition to have judicial control lifted be submitted? During the investigation phase, a reasoned appeal petition requesting the lifting of the measure should be submitted to the relevant Ankara Magistrates' Court that issued the decision; after the case has been opened, it should be submitted to the panel of judges at the Ankara High Criminal Court or the Criminal Court of First Instance that is conducting the trial.

Ankara Duty Magistrate Court Referral Process and Arrest Interrogation

After the completion of the detention period at the police or gendarmerie station, the suspect is referred to the investigating prosecutor at the Ankara Sıhhiye Courthouse or Ankara West Courthouse along with the indictment. Following the prosecutor's statement, the Public Prosecutor can make three different decisions:

To release the suspect directly,
To refer the case to the court with a request for the application of judicial control measures.
To refer the case to the Ankara Duty Magistrate Court with a request for arrest .

Arrest and Interrogation Process:

During the interrogation phase at the Magistrates' Court, it is a legal requirement for the suspect to present their defense in the presence of a defense attorney. If the suspect does not have an attorney, a lawyer is appointed ex officio by the Ankara Bar Association.

The judge explains the alleged act and the evidence for and against the suspect to the suspect. The suspect and their lawyer argue that the conditions for arrest have not been met, that there is no strong evidence, that there is no risk of escape, and that arrest would be disproportionate, requesting release first, or failing that, the application of judicial control measures.

Procedures, Time Limits, and Judicial Review Authority for Appeals Against Arrest and Judicial Control Decisions

Arrest or judicial control decisions issued by the Magistrates' Court are not final and are subject to appeal (Article 268 of the Code of Criminal Procedure).

The appeal period is 7 days from the date the decision is announced (pronounced) or served to the suspect or their counsel.
Appeal Procedure: An appeal against the arrest warrant is submitted to the Magistrates' Court that issued the decision. If the court finds the appeal justified, it amends its own decision and orders the suspect's release.
Appeal Review: If the judge who issued the decision insists on their original ruling, they send the file to the next numbered Magistrates' Court in the Ankara Courthouse for review (for example, if the decision was made by the Ankara 3rd Magistrates' Court, the authority to review the appeal belongs to the Ankara 4th Magistrates' Court; appeals against the decision of the next numbered court are reviewed by the 1st Magistrates' Court). The appellate judge conducts the review based on the file, and the decision is final.

Detention Period Limits and Release Requests During the Investigation Phase

The answer to the question "When is a detained suspect released?" depends on the stage of the trial, the nature of the crime, and the detention review process.

Maximum Detention Period During the Investigation Phase (CMK 102/4): In cases not falling under the jurisdiction of the High Criminal Court , the maximum detention period during the investigation phase is 6 months . In cases falling under the jurisdiction of the High Criminal Court, this period is a maximum of 1 year (it can be extended by another 6 months with justification; in organized crimes under the Anti-Terrorism Law, the maximum period during the investigation is 2 years).
Monthly Ex Officio Review of Detention: During the investigation phase, the detention status of the suspect is reviewed by the Magistrate Court at the request of the Public Prosecutor at least every 30 days . This review can be conducted based on the case file, or by hearing the suspect and their lawyer via SEGBIS (Electronic Court Hearing System) or in person in the courtroom.
Request for Release (Article 104 of the Code of Criminal Procedure): The suspect and their lawyer have the right to request release at any time if the evidence in the case changes, without waiting for the 30-day automatic review period.

What does this mean?

After you are taken into custody, if the prosecutor believes you are guilty, they will bring you before a judge (Magistrate) with a request for your imprisonment. This stage is called "detention interrogation".

Being arrested doesn't mean a definitive sentence has been handed down; it's merely a temporary security measure to prevent you from fleeing or destroying evidence until the trial or court proceedings are completed. Instead of sending you to prison, the judge may release you on the condition that you report to the police station every morning to sign in, that you don't leave the country, or that you wear an electronic ankle monitor and remain at home; this is called judicial supervision .

If you fail to comply with the terms of judicial supervision (e.g., signing in at designated times) without a valid excuse, you will be sent directly to prison. If the judge issues an arrest warrant, your lawyer has the right to appeal this decision within 7 days , and a higher court will review your case again.

Legal Representation and Professional Process Information

Cases heard in High Criminal Courts and prosecutorial investigations are technical processes that directly concern personal liberty, have strict procedural deadlines, and can lead to irreparable loss of rights. For the process to be overseen by legal experts specializing in criminal law, both during the investigation phase when giving statements and during the trial phase in order to ensure the favorable interpretation of evidence and the effective protection of legal rights, it is vital that the process be conducted under the supervision of legal professionals specializing in criminal law.

Online Appointment Request

From Acceptance of Indictment to Trial: Preliminary Hearing Minutes and Interim Period

The High Criminal Court's Review of the Indictment and Reasons for Returning It

The indictment prepared by the Public Prosecutor's Office does not directly lead to the trial phase. According to Articles 170 and 174 of the Code of Criminal Procedure (Law No. 5271), the Ankara High Criminal Court, to which the case is assigned, subjects the indictment to a preliminary formal and legal review.

The court has 15 days to review the indictment from the date of its registration with the court clerk. If the court does not make a decision within this period, the indictment is legally deemed accepted.

Reasons for Returning the Indictment (Article 174 of the Code of Criminal Procedure)	Legal Explanation and Scope
Missing Elements of Article 170 of the Code of Criminal Procedure	The crime may not be linked to evidence, the place and time of the act may not be clearly indicated, or evidence in favor of the suspect may not have been collected.
Lack of Prerequisites and Permissions	Prosecutions of civil servants may be initiated due to the lack of necessary investigative permits for lawyers or public officials, or the absence of a complaint.
Failure to exhaust alternative solutions.	The case is opened directly without first being sent to the relevant offices for offenses subject to mediation or for expedited trial procedures .
Failure to Collect Essential Evidence	The indictment was prepared based solely on abstract statements without collecting critical evidence that would shed light on the incident (ballistics report, DNA, Forensic Medicine Institute reports, HTS records, etc.).

The Public Prosecutor has the right to appeal the court's decision to return the indictment. The appeal is reviewed by the next-ranked Ankara High Criminal Court. If the return is finalized, the prosecutor's office is obliged to complete the missing information; a new indictment with the same content cannot be prepared without completing the necessary procedures.

The Suspect Becomes a "Defendant" Upon Acceptance of the Indictment

What is the prosecution phase? It is the judicial process that begins with the acceptance of the indictment and continues until the judgment becomes final. At this stage, the investigation officially ends and the roles of the parties in the criminal proceedings change.

Suspect → Defendant: A person suspected of a crime during the investigation phase officially becomes a defendant upon acceptance of the indictment.
Complainant/Victim → Candidate for Intervening Party: The person harmed by the crime exercises their right to become a party in the public prosecution by requesting to participate at the first hearing.

Becoming a defendant does not negate the presumption of innocence. The defendant continues to benefit from all the defense guarantees granted by the Code of Criminal Procedure, including the appointment of a defense counsel and assistance from a lawyer under the Code of Criminal Procedure, at every stage of the prosecution. From this point onwards, when citizens perform a file inquiry through the UYAP system at the Ankara Courthouse, they will see that the file type has changed from "Investigation" to "Criminal Case File" and that it has been assigned a case number.

What is a Preliminary Hearing Order? It includes provisions for release, setting a hearing date, and issuing warrants.

The acceptance of the indictment and the preliminary hearing minutes constitute a roadmap outlining the preparatory procedures the court will undertake until the first hearing. The presiding judge and the panel of judges establish the framework of the trial by preparing the preliminary hearing minutes before entering the courtroom.

Key interim decisions included in the minutes of the hearing:

Setting the Hearing Date and Time: The date of the first hearing is determined according to the court's workload.
Request for Release and Review of Detention During the Preliminary Hearing: The court reviews the defendant's detention status ex officio during the preliminary hearing. The defense may submit a petition for release during this stage. Considering the evidence, the time spent in detention, and the possibility of a change in the nature of the crime, the court may decide to release the defendant or convert the detention to judicial supervision.
Summonses and Forced Appearance: Invitations are issued to the defendant, the complainant, and the witnesses informing them of the hearing date. For those who are likely to fail to appear, an interim decision is made to issue a warrant for their forced appearance and arrest in accordance with Article 146 of the Code of Criminal Procedure.
SEGBIS Connections: For defendants/witnesses located in another province or prison, a summons is sent to the prison or the relevant court as part of the procedure for giving testimony via SEGBIS .
Requests/Memoranda: Official letters (memoranda) are sent to the relevant institutions to obtain camera recordings from the crime scene, criminal reports from the Ankara Forensic Medicine Institute, HTS records from GSM operators, or bank account statements.

Submission of Defense Evidence to the Court and Issuance of Summonses to Witnesses

The period between the notification of the preliminary indictment and the trial date is crucial for formulating a defense strategy. According to Article 177 of the Code of Criminal Procedure, the defendant and their counsel may request the court to gather evidence in their favor from the date of notification of the indictment until the trial date.

Submission of Defense Statement and List of Evidence: The defendant and their counsel submit their initial objections, highlighting inconsistencies in the indictment, and list the evidence they wish to be collected (camera recordings, expert opinion, request for on-site inspection, etc.) in writing to the court.
Notifying and Summoning Defense Witnesses (Article 178 of the Code of Criminal Procedure): The defendant or their counsel may submit a list containing the names and addresses of witnesses they wish to present at the hearing and request that summonses be issued for them. Even if the court rejects the request, the defendant retains the right to have their witness personally present in the courtroom on the day of the hearing.
Request for Removal of Illegally Obtained Evidence: A written request must be submitted prior to the first hearing to remove from the file any evidence obtained during the investigation phase through unlawful searches, invalid consent, or unauthorized wiretapping.

What does this mean?

When the indictment prepared by the prosecutor comes before the court, judges are not obliged to accept the case immediately. If there are clear deficiencies in the indictment, if the prosecutor has only collected evidence against the accused and ignored evidence in their favor, or if legal mediation procedures have not been followed, the court sends the case back to the prosecutor ( Return of the Indictment ).

If the indictment is accepted, your name officially changes from suspect to defendant in the legal process. At this stage, the court prepares a preliminary plan; this is called a preliminary hearing report . The preliminary hearing report sets your first hearing date, sends letters to relevant institutions to gather evidence, and if you are in custody, the panel reviews your case file to determine whether you should be released.

During this interim period leading up to the hearing, your lawyer can submit a witness list on your behalf, request the release of CCTV footage that may be in your favor, and finalize your defense strategy for the initial hearing.

Legal Representation and Professional Process Information

Cases heard in High Criminal Courts and prosecutorial investigations are technical processes that directly concern personal liberty, have strict procedural deadlines, and can lead to irreparable loss of rights. For the process to be overseen by legal experts specializing in criminal law, both during the investigation phase when giving statements and during the trial phase in order to ensure the favorable interpretation of evidence and the effective protection of legal rights, it is vital that the process be conducted under the supervision of legal professionals specializing in criminal law.

Online Appointment Request

Prosecution (Trial) and Trial Practice in High Criminal Courts

First Hearing Day: Identification, Reading of the Indictment, and Defendant's Defense

At the heart of the prosecution phase is the trial (session) stage, where the principles of orality, face-to-face interaction, and transparency are applied. The answer to the frequently searched question on the internet, "What happens at the first hearing in a high criminal court?" , is determined by strict procedural rules in Article 191 of the Code of Criminal Procedure (CMK).

When the first hearing opens, the Presiding Judge records in the minutes whether the defendant, their lawyer, the plaintiff, and the prosecution are present in the courtroom. The process proceeds as follows:

Identity Verification: The suspect's full name, criminal record, address, and current economic status are recorded in the minutes.
Reminding the defendant of their rights and reading the indictment: The presiding judge or a member of the court explains the charges and actions outlined in the indictment. The defendant is reminded of their legal rights (right to remain silent, etc.). If there is any doubt about the judge's impartiality , a request for recusal of the judges should be made at this stage, before the questioning begins.
Trial Day Interrogation and Defense: How is the defendant's defense conducted? The defendant recounts the events in their own words in response to the accusations. The key to the defense is to emphasize evidence in favor of the defendant and to refute evidence against them with concrete arguments.
Request for Exemption from Attending Court Hearings: If the defendant, whose questioning (initial defense) has been completed, does not wish to attend subsequent hearings or lives outside the province, they may request exemption from attending the hearings from the court.

Statements of the Complainant/Victim and Acquisition of Participating (Intervening) Status

After the defendant's statement is heard, the court proceeds to hear the statements of the injured party (complainant).

The status of parties is of critical importance in criminal proceedings:

Difference Between the Status of Complainant and Intervenor: Unless the complainant formally requests to "participate" in the case, their status in court is solely that of an informant. However, if they verbally or in writing declare to the court that they wish to participate in the case , and this request is accepted by the panel, they acquire the status of intervenor .
The status of a party to a lawsuit grants the individual the right to appeal, present witnesses, and make statements in response to the prosecutor's opinion (Article 237 of the Code of Criminal Procedure).

Methods of Taking Statements and Directly Asking Questions (Cross-Examination) via SEGBIS

One of the most frequently used tools in modern criminal justice systems, the Sound and Video Information System ( SEGBİS ) allows the defendant, complainant, or witness to be connected to the courtroom via video link when they are located in another city or in institutions such as Ankara Sincan Prison.

Witness Testimony and Cross-Examination: According to Article 201 of the Code of Criminal Procedure, the most powerful weapon of the defendant, the plaintiff, and especially their defense lawyers is the right to ask direct questions . This system, the Turkish equivalent of "cross-examination" in Anglo-Saxon law, allows for direct, leading, or probing questions to be asked to witnesses or defendants without the mediation of the presiding judge, in order to uncover contradictions. The most effective way to dismantle perjury and memorized statements is through proper, direct questioning techniques.

Presentation of Evidence and Elimination of Illegally Obtained Evidence in Criminal Procedure

In criminal proceedings, the burden of proof rests with the prosecution. The defendant is not obligated to prove their innocence; the prosecutor must prove the defendant's guilt beyond any reasonable doubt. This is where the principle of "the benefit of the doubt goes to the accused" ( In dubio pro reo ) comes into play.

Assessment of Evidence and Illegally Obtained Evidence: The High Criminal Court cannot base its verdict on any evidence not discussed in court. Items seized from a home without a search warrant, confessions obtained under torture or coercion, unauthorized audio recordings, or illegal wiretapping constitute "Illegally Obtained Evidence." According to the principle in criminal law doctrine that "the fruit of a poisonous tree is also poisonous," evidence obtained through unlawful means must be immediately removed from the file and should not be used as grounds for conviction.

Procedures for Appealing Expert Examinations, On-Site Investigations, and Forensic Medicine Reports

Individuals whose opinions judges seek on technical, scientific, or specialized matters (e.g., forgery, ballistics, fault ratio, autopsy, digital material analysis) are called expert witnesses.

Request for On-Site Investigation and Examination: The defendant or their counsel may request an on-site investigation to determine how the incident occurred and whether witnesses had a view of the event (Article 83 of the Code of Criminal Procedure).
Ankara Forensic Medicine Institute Criminal Reports: Obtaining a report from the Forensic Medicine Institute is mandatory, especially in cases involving intentional homicide, assault, sexual abuse, and determining the criminal responsibility (mental health) of the defendant.
Objection Period to the Expert Report: In case of deficiencies, contradictions, or bias in the report, an objection may be filed within the interim decision period determined by the court (usually until the next hearing or a strict period of 1-2 weeks) following the notification or reading of the report in court, requesting an additional report from a new expert panel .

The Public Prosecutor's Opinion on the Merits and the Defendant's Response to that Opinion

When the collection of evidence in the trial is complete (the investigation phase is finished), the court panel asks the prosecutor to state their opinion on the merits of the case.

What is the Opinion on the Merits? It is the final and official opinion of the public prosecutor, outlining which articles of law the defendant should be punished under and on what grounds they should be acquitted, based on the evidence gathered.
Request for Postponement of the Hearing and Extension of Time: After the prosecutor's opinion is read, the defense (defendant and their lawyer) is legally required to be given time to review the opinion and prepare their defense. At this stage, the lawyer requests a postponement of the hearing and an extension of time .
Defense Statement Against the Prosecutor's Opinion: After the allotted time (usually at the sentencing hearing), the defendant's lawyer presents a comprehensive written and oral defense refuting the prosecutor's erroneous assessments and highlighting evidence in favor of the defendant.
The Rule that the Defendant Has the Final Say: Immediately before the verdict is given, regardless of how extensive the defense is, the presiding judge, in accordance with Article 226/3 of the Code of Criminal Procedure, must give the defendant the final say. Rendering a verdict without allowing the defendant to have the final say constitutes a definitive and absolute ground for reversal before the Court of Cassation.

What does this mean?

When the trial day arrives, the courtroom may appear to have a complex layout from the outside. Three judges sit high up directly opposite you, and the prosecutor sits beside them. Below you (the defendant), your lawyer (defense attorney), and opposite you are the complainant (plaintiff) and their lawyer.

The first hearing is actually the most important moment where you will present yourself to the court. The judge will ask for your identification information and then, saying, "You are facing this accusation, what do you say?", will ask for your defense. Everything you say at this stage will be recorded in the minutes.

During the trial, witnesses are heard. If the complainant's witness is lying, your lawyer has the right to stand up and ask technical questions that will corner the witness (this is called direct questioning/cross-examination). After the evidence is collected, the prosecutor reviews the file and gives their final opinion on whether you should be convicted or acquitted; this is called the "consultation."

Even if the prosecutor requests a conviction, the trial is not over. Your lawyer will present one final, comprehensive defense on your behalf against the prosecutor's opinion. And just one second before the panel retires to deliberate (or announces the verdict), the judge is legally obligated to look at you and ask , "What are your final words?"

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The Most Frequent Types of Cases and Trial Characteristics in Ankara High Criminal Courts

An examination of the workload at the Ankara Courthouse reveals that cases before the high criminal courts are concentrated in specific types of crimes. The answer to the question, "How long does it take for a case to be concluded in the Ankara high criminal courts? ", which is a primary concern for many defendants and relatives of plaintiffs, varies between 1 and 3 years depending on the complexity of the crime, the number of defendants, and the nature of the evidence to be collected.

Below, the legal dynamics of the most common types of crimes falling within the jurisdiction of criminal courts are examined:

Crimes Against Life: The Balance Between Unjust Provocation and Self-Defense in Intentional Homicide and Aggravated Circumstances

Actions that violate the right to life are subject to the most severe penalties under criminal law. The distinction between intentional homicide (Article 81 of the Turkish Penal Code), which in its basic form carries a life sentence, and aggravated intentional homicide (Article 82 of the Turkish Penal Code), which is committed with premeditation, with monstrous feelings, or out of revenge and carries a sentence of aggravated life imprisonment, is carefully considered by the court.

The defense strategy in these cases typically centers around these three elements:

Exceeding Intent: In cases where the defendant did not actually intend to kill, but only to injure, and death occurred unexpectedly, it is debated whether the act has transformed into an aggravated crime of intentional injury (Turkish Penal Code Article 87/4).
Self-defense (Rightful Defense): Circumstances requiring acquittal when the defendant acts out of necessity to repel an unjust attack directed at themselves or another person.
Unjust Provocation: The reduction in sentence due to unjust provocation, as defined in Article 29 of the Turkish Penal Code, applies when the attack does not fall within the limits of self-defense, but the crime is committed under the influence of anger or intense distress caused by an unjust act originating from the victim.

Furthermore, a significant portion of the workload of the Ankara High Criminal Courts consists of cases involving sexual assault and aggravated sexual abuse, crimes that carry extremely high penalties of imprisonment, and in these cases, the consistency of testimonial evidence (especially the victim's statement) and forensic reports are of vital importance.

Drug Trafficking Cases (Turkish Penal Code Article 188): Supreme Court and Local Court Criteria in Distinguishing Between Use and Trafficking

Drug-related crimes are one of the biggest reasons for the high prison population in Turkey. In trials under Article 188 of the Turkish Penal Code concerning drug trafficking , which carries a minimum sentence of 10 years (exceeding 15-20 years depending on the type of substance or location such as a school environment), the most critical debate is whether the act constitutes "possession for personal use" or "trading (selling/supplying)."

According to the established jurisprudence of the Criminal Chambers of the Court of Cassation, courts take the following criteria into consideration:

Drug use and possession limits: Whether the seized substance exceeds the annual personal use limit (e.g., specific gram limits adopted by the Supreme Court for cannabis).
Method of Seizure: The drugs were found packaged for sale in small packets, along with a precision scale and numerous empty zip-lock bags.
Economic Dissonance: The mismatch between a person's income and the budget they allocate to drugs.

The answer to the frequently asked question among citizens , "Is it possible to be tried without being detained in drug trafficking cases?" , is quite difficult. Since the crime is among the catalog of offenses under Article 100/3 of the Code of Criminal Procedure, trial without detention is an exceptional circumstance unless strong evidence is presented in court suggesting that the act was simply drug use rather than trafficking.

Property Crimes: Evidence Assessment in Cases of Aggravated Fraud and Extortion

In crimes targeting personal property, the manner in which the crime was committed determines the court's jurisdiction.

Robbery (Extortion): This is the act of taking a victim's property through the use of force (violence) or threat. Robbery committed with a weapon, at night, or by multiple individuals is punishable under Article 149 of the Turkish Penal Code with imprisonment ranging from 10 to 15 years. In these cases, the victim's statement and CCTV footage from the scene are crucial. In some cases , the aggravated forms of blackmail and threats may also be intertwined with the act of robbery.
Aggravated Fraud: This is when a person deceives someone through fraudulent conduct and obtains an unfair advantage. If the crime is committed using information systems, banks, or public institutions as tools , aggravated fraud falls directly under Article 158 of the Turkish Penal Code , which deals with severe penalties. Cases of aggravated theft committed through information systems, which frequently accompany these crimes today, are also solved using HTS records, IP addresses, and bank log records.

Crimes Against Public Trust and the State: Forgery, Bribery, Embezzlement, and Organized Crime Trials

Especially in a city like Ankara, which is a center of bureaucracy and public administration, "white-collar crimes" involving public officials or committed against the public interest occupy a significant place in high criminal courts.

Crimes and Corruption Committed by Public Officials: This category includes the misappropriation of property entrusted to a public official for their own use or for the benefit of another ( embezzlement and bribery ); the obtaining of benefits by a public official to perform or refrain from performing an action related to their duties ( bribery and its punishment, Article 252 of the Turkish Penal Code); and the punishment for rigging tenders, which encompasses corruption in state tenders.
Forgery Crimes: Forgery of documents that undermines the credibility of public institutions, forgery of official documents used in check/bill fraud, and acts of counterfeiting and counterfeiting currency that threaten market security are prosecuted under Article 204 of the Turkish Penal Code, which deals with serious crimes.
Organized Crime and Money Laundering: Cases involving the formation of an organization for the purpose of committing crimes (Turkish Penal Code Article 220 - mafia/organized crime groups) and money laundering offenses, which prevent the introduction of illicit funds into the system, require special examination. Similarly, cases involving human trafficking and migrant smuggling with international connections are also evaluated within this scope.
Terrorism and Constitutional Crimes: Actions targeting the survival of the state are tried in specialized high criminal courts in Ankara. Crimes against the constitutional order (coup, espionage) and the crime of membership in a terrorist organization , as assessed under the Anti-Terror Law, are cases where secret witness testimonies and digital evidence such as ByLock/payphone records are heavily reliant.

What does this mean?

Criminal courts do not hear random cases; the cases that come here are those that have caused the most stir in society and carry sentences measured in years (or even life imprisonment).

In cases where someone loses their life in a fight, the court attempts to determine whether the act was intentional homicide (Turkish Penal Code Articles 81/82), accidental/injurious death, or self-defense. For someone caught with drugs, the court's fundamental question is: "Did this person acquire the substance for personal use (the penalty is lower and treatment may be provided), or to sell it for profit?" If there are sensitive scales or numerous packages, the court assumes you are a dealer (drug trafficker), making it almost impossible for you to be tried without being detained.

Extortion is not simply theft; it is the forceful and violent seizure of property. Similarly, crimes such as emptying bank accounts online, committing corruption in company/government tenders using forged documents, bribery, and embezzlement are major cases frequently encountered in the Ankara Courthouse. Crimes involving membership in terrorist organizations and offenses against the state are handled by specially authorized prosecutors and panels under extremely strict security measures in courtrooms in Sincan or Sıhhiye.

Legal Representation and Professional Process Information

Cases heard in High Criminal Courts and prosecutorial investigations are technical processes that directly concern personal liberty, have strict procedural deadlines, and can lead to irreparable loss of rights. For the process to be overseen by legal experts specializing in criminal law, both during the investigation phase when giving statements and during the trial phase in order to ensure the favorable interpretation of evidence and the effective protection of legal rights, it is vital that the process be conducted under the supervision of legal professionals specializing in criminal law.

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Decision-Making Stage: Types of Sentences and Principles of Punishment in High Criminal Courts

In a case heard in the High Criminal Court, after all the evidence has been collected, witnesses have been heard, the prosecutor's opinion has been obtained, and the defendant and their lawyer have made their final defenses, the court panel announces its decision (verdict). According to Article 223 of the Code of Criminal Procedure (CMK), the basic types of decisions that a court can make and their legal consequences are as follows:

Cases Requiring Acquittal (E.g., Proven Innocence of Crime, Insufficient Evidence, etc.)

In a criminal trial, the clearest indication that the defendant is innocent is an acquittal in court . Article 223/2 of the Code of Criminal Procedure lists the circumstances under which an acquittal may be granted:

The fact that the alleged act is not defined as a crime in the law,
It has been proven that the defendant did not commit the crime charged,
The absence of intent or negligence on the part of the perpetrator with regard to the alleged crime (lack of mental element),
Even though the alleged crime was committed by the defendant, there must be a justification for the act (for example, self-defense).
It has not been proven that the defendant committed the alleged crime (Insufficient evidence - "The benefit of the doubt goes to the defendant" principle).

Can a compensation lawsuit be filed after acquittal in a serious crime case? If a defendant who was wrongfully detained or imprisoned during the investigation or prosecution phase is acquitted at the end of the trial and this decision becomes final, they have the right to file a lawsuit for material and moral damages against the Treasury under Article 141 of the Code of Criminal Procedure for wrongful detention.

Decision that No Punishment is Necessary (Circumstances Eliminating Culpability)

Even if it is proven that the defendant committed the act, a decision of no punishment is issued (cvyk) in cases where the defendant cannot be punished due to certain special circumstances specified in the law.

This decision is based on two main reasons:

Circumstances that Eliminate Culpability: The defendant's young age, mental illness, deafness and muteness, temporary circumstances (involuntary alcohol/drug use), commission of the crime under coercion or threat, or unavoidable error. In these cases, the act constitutes a crime, but the perpetrator cannot be considered culpable.
Reasons for Impunity: Certain specific crimes where provisions for effective repentance apply, personal grounds for impunity, or exceptional cases where unjust provocation reaches very severe levels.

Conviction Judgment, Determination of Basic Sentence and Legal Augmentation/Reduction Provisions (Turkish Penal Code Article 62)

If the court panel is absolutely convinced that the defendant committed the crime, it will issue a conviction.

However, the punishment is not determined randomly; a calculation sequence is followed in accordance with Article 61 of the Turkish Penal Code:

Determining the Basic Sentence: Between the lower and upper limits stipulated in the law, a basic year/month is determined based on the manner in which the crime was committed, the intensity of intent, and the severity of the harm.
Aggravating Circumstances: Aggravating circumstances such as the crime being committed with a weapon, at night, or by more than one person are added to the punishment.
Reasons for reduction in sentence: If applicable, reductions for attempted crime (failure to complete the crime), minority of the age, or unjust provocation will be applied.
Discretionary Reduction (Good Conduct): At the end of all calculations , the grounds for discretionary reduction under Article 62 of the Turkish Penal Code (commonly known as the "good conduct reduction") come into play. Considering the perpetrator's past, social relationships, respectful behavior after the act and during the trial, and the potential impact of the punishment on the perpetrator's future, a reduction of 1/6 of the sentence may be applied. However, this reduction is not mandatory for the court; it is at its discretion.

Conditions for Postponement of the Announcement of the Verdict (HAGB), Deferment of the Sentence, and Conversion to a Judicial Fine

In High Criminal Courts, sentences are generally high. However, if the nature of the crime changes (for example, a case opened as attempted murder is changed to simple assault) or if the sentence falls below certain limits as a result of significant reductions, the following mechanisms for individualizing the sentence may be applied:

Conversion of Imprisonment to Fine: According to Article 50 of the Turkish Penal Code, imprisonment sentences of one year or less for intentionally committed crimes (without a time limit for negligent crimes) can be converted into fines ranging from 20 TL to 100 TL per day (these amounts are updated with new regulations) depending on the defendant's economic situation.
Suspension of the Announcement of the Verdict (HAGB): If the sentence given to the defendant is imprisonment for 2 years or less, or a judicial fine, the court may decide on HAGB. The conditions are; the defendant must not have been previously convicted of an intentional crime, must have compensated for the damage, and the court must be convinced that the defendant will not commit another crime.
Where to appeal a suspended sentence? An appeal must be filed within 7 days of the decision being served, to the court numbered next highest in the chain of command (e.g., if the decision was made by Ankara 1st High Criminal Court, appeal to Ankara 2nd High Criminal Court).
If a Suspended Sentence is Revoked, Will the Defendant Go to Prison? If a suspended sentence is given, the defendant is subject to a 5-year probationary period. If no new crime is intentionally committed within these 5 years, the decision is revoked (erased from the record). However, if a new crime is intentionally committed, the suspended sentence is revoked (announced), and the initial sentence given by the court becomes final for execution; the person may go to prison.
Conditions for Suspension of Imprisonment: According to Article 51 of the Turkish Penal Code, the sentence of those convicted of a crime and sentenced to imprisonment of 2 years or less may be suspended (this limit is 3 years for those under 18 and over 65). The defendant must not have served more than 3 months in prison for an intentional crime in the past. The suspension is in effect (recorded in the criminal record), but the sentence is served outside of prison under supervision.

What does this mean?

Judges weigh the pros and cons at the end of a trial. If they are convinced of your innocence, that you were not present at the scene, or that you committed the crime solely in self-defense, they will acquit you. Even if there is insufficient evidence, they may acquit you, saying, "Perhaps they did it, but there's no conclusive proof," because in law, doubt is used in favor of the accused. If you are acquitted and have been unjustly imprisoned, you can even claim compensation from the state.

If it is definitively proven that you committed the crime, you will be given a "Basic Sentence". Subsequently, the sentence will be increased or decreased depending on how the crime was committed (was there a weapon involved, did the other party provoke you?). Your respectful demeanor and remorse during the trial may, at the judge's discretion (Turkish Penal Code Article 62 - good conduct), reduce your sentence by 1/6.

In serious criminal cases, sentences are generally high, but let's say your sentence is reduced to less than two years. Instead of sending you directly to prison, the judge might say, "I've suspended your sentence," "I've converted your sentence to a fine," or "I'm not disclosing your sentence right now; if you behave yourself for five years, I'll erase the case as if you never committed a crime" ( HAGB ). However, if you get involved in a fight while on HAGB and receive another sentence, the court will say, "You squandered the chance I gave you," and reveal the first sentence as well, sending you to prison.

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Legal Remedies: Ankara Regional Court of Appeals (Appeals Court) and Supreme Court of Appeals (Cassation Court)

The decision (verdict) given by the High Criminal Court panel at the end of the trial is not final. As a requirement of the right to a fair trial, the decisions of the local court must be reviewed by a higher court. This review mechanism is called legal remedies .

Appeal Filing Period (Time periods starting from the date of pronouncement/notification of the judgment)

If a defendant believes the local court's decision is flawed (for example, a defendant who thinks they received an unfair sentence, or a plaintiff/prosecutor who thinks the sentence is too lenient), they can appeal to the criminal chambers of the Ankara Regional Court of Appeals for a review of the decision.

(Important Legal Update Note: For many years in our legal practice, the appeal period was known as a "7-day forfeiture period" from the date of reading [or notification] or serving the decision. However, with the 8th Judicial Package that came into effect in 2024, the appeal periods have been standardized, and the appeal period to the Ankara Court of Appeals has been updated to 2 weeks from the date of notification of the decision . Attention should be paid to this updated rule to prevent loss of rights.)

The appeal is prepared in accordance with the standard format for a reasoned appeal petition and submitted to the Ankara High Criminal Court (to be forwarded to the Regional Court of Appeals) that rendered the decision.

The Authority of the Ankara Regional Court of Appeals Criminal Chambers to Review Cases (Review with Hearing or Rejection on the Merits)

The appellate court does not merely conduct a legal review based on the documents; it also examines the merits of the case. When the Ankara Regional Court of Appeals Criminal Chambers review the file, they issue one of the following decisions:

Rejection on the Merits: If the local court's decision contains no procedural or substantive legal irregularities, the application is rejected on its merits (the local court's decision is upheld).
Reversal Decision: If the decision contains absolute legal irregularities (for example, if the right to defense has been restricted), the case is sent back to the first instance court for reconsideration.
Review and Retrial: If the Regional Court of Appeal determines that insufficient evidence has been collected, it can, just like the first-instance court, hear witnesses, conduct an on-site investigation, and hold a hearing to overturn the local court's decision and issue a completely new verdict of acquittal or conviction.

Appeal Limits and Procedure for Applications to the Criminal Chambers of the Court of Cassation

Appeals against decisions of the Court of Appeals (BAM) are made to the Court of Cassation (Yargıtay), which is the final and highest supervisory authority. However, the legislator has set a limit on the number of appeals to alleviate the workload of the Court of Cassation. For example, BAM decisions regarding fines of any amount and prison sentences not exceeding 5 years are, as a rule, final and cannot be appealed to the Court of Cassation.

However, the vast majority of serious crimes are subject to appeal. The appeal period and petition must be submitted to the Regional Court of Appeals within 2 weeks of the notification of the appeal decision. Unlike the appeal court, the Supreme Court does not delve into the merits of the case or gather new evidence (even if it opens a hearing); it only reviews whether the legal provisions have been applied correctly and whether there are any legal irregularities.

Finalization of the Decision, Execution Phase, Probation and Open Prison Processes

The decision against the defendant becomes final and the execution phase begins when it is upheld through all legal channels (Appeal and Supreme Court) or when the time limit for filing an appeal expires.

The court sends the file to the Execution Prosecutor's Office, and the procedure for enforcing the prison sentence is initiated. The critical concepts of execution law that come into play at this stage are as follows:

Conditional Release Rate: In Turkey, not all prison sentences are served in closed prisons. Depending on the type of crime, convicts are conditionally released after serving 1/2 (general crimes), 2/3 (certain serious crimes and drug/sexual offenses), or 3/4 (terrorism offenses) of their sentence in a correctional institution with "good conduct".
Calculating Probation Period: Well-behaved convicts who have a certain period remaining until their conditional release date (generally between 1 and 3 years, depending on the date of the crime and legal regulations) spend the remainder of their sentences outside by signing in regularly or performing community service.
Conditions for Transfer to Open Prisons: Convicts who have completed a certain percentage of their sentence in closed prisons with good behavior are transferred to open correctional facilities where there are no physical barriers or armed guards, and where inmates are offered the opportunity to work.
Recidivism-Specific Sentence Regime: If a person who has previously received a sentence and whose sentence has been finalized commits another crime, the "recidivism" provisions apply. Conditional release rates are higher for repeat offenders, and the conditions for benefiting from supervised release become more difficult.
Request for Postponement of Sentence Execution: In cases such as a serious illness of the convict, pregnancy or childbirth, or the death or serious illness of a first-degree relative, an application may be made to the Public Prosecutor's Office requesting a postponement of the sentence execution for a specific period.
Complaints and Appeals to the Enforcement Court: Appeals against disciplinary punishments in prison, solitary confinement, rejection of requests for transfer to an open institution, or errors in the calculation of sentence duration are made directly to the Enforcement Court.
Deletion of Criminal Record and Restoration of Prohibited Rights: After the sentence has been fully served (after the probation period ends), a request is made to deletion the criminal record. To regain prohibited rights, such as holding public office, a court order for "restoration of prohibited rights" is required.

Claim for Material/Moral Damages Due to Wrongful Detention by an Acquitted Defendant

One of the most frequently searched questions on the internet is , "Can a compensation lawsuit be filed after being acquitted in a serious criminal case?" The answer is definitely yes. If a person who was detained during the investigation phase or unjustly imprisoned for months during the prosecution phase is definitively acquitted as a result of the Court of Appeals/Supreme Court review, they can file a compensation lawsuit against the Treasury for the days they were deprived of their liberty (Article 141 of the Code of Criminal Procedure). This lawsuit must be filed in the High Criminal Court of the place where the injured party resides, within 3 months of the notification of the final acquittal decision and in any case within 1 year from the date the decision becomes final.

What does this mean?

Let's say the High Criminal Court announces its decision regarding you. Whether you receive a sentence or are acquitted, the case doesn't end that day. To account for the possibility of error by the three judges who issued the verdict, your case is sent to a higher court, the Ankara Regional Court of Appeals (BAM), composed of more senior judges. If the Court of Appeals also reaches the same decision, it then goes to the Court of Cassation (Court of Cassation), which is the highest criminal court in Türkiye. These processes can take years.

If all these higher courts uphold the decision by saying "Yes, it is correct" (make it final), then the execution (imprisonment) phase begins. However, according to our laws, a person sentenced to 10 years does not serve the entire 10 years in prison. Depending on the type of crime, they serve, for example, half of this sentence (conditional release), and spend the last one or two years of that time outside, signing in regularly (supervised release). Furthermore, after a certain period in a closed prison, they have the right to transfer to a semi-open prison (open institution).

If, after all these years of legal proceedings, the judicial system definitively acquits you, saying, "Sorry, you were innocent," you can demand compensation from the state for the days you spent in prison unjustly, seeking both financial losses and damages for the psychological trauma you suffered (moral compensation).

Legal Representation and Professional Process Information

Cases heard in High Criminal Courts and prosecutorial investigations are technical processes that directly concern personal liberty, have strict procedural deadlines, and can lead to irreparable loss of rights. For the process to be overseen by legal experts specializing in criminal law, both during the investigation phase when giving statements and during the trial phase in order to ensure the favorable interpretation of evidence and the effective protection of legal rights, it is vital that the process be conducted under the supervision of legal professionals specializing in criminal law.

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Legal Representation in Serious Criminal Proceedings, Prevention of Loss of Rights, and Process Guarantees

The Scope of Mandatory Legal Representation in Serious Criminal Cases and the Importance of Professional Defense

Crimes falling under the jurisdiction of High Criminal Courts are generally the most serious accusations, often carrying the risk of life imprisonment and restricting personal liberty for decades. Therefore, the legislator has mandated that suspects or defendants in cases involving crimes punishable by more than five years of imprisonment be represented by a lawyer. This is known in law as mandatory legal representation . If the defendant does not agree to hire a criminal defense lawyer in Ankara , the court appoints a defense lawyer from the bar association ex officio to continue the trial.

The frequent online searches by citizens for "best criminal defense lawyer in Ankara ," driven by a desire to protect their rights, stem directly from an instinct to safeguard their freedom. In criminal cases, the concept of "best" refers to expertise that meticulously reads the case file, keeps up-to-date with Supreme Court precedents, and develops a proactive defense strategy in the courtroom. Obtaining qualified Ankara criminal law advice before the investigation even begins or before giving testimony is a crucial step that directly influences the course and outcome of a case that could last for years.

The Impact of Procedural Errors During the Investigation and Prosecution Phases on the Course of the Case

In criminal proceedings, the principle "Procedure takes precedence over substance" applies. A single procedural error throughout the trial (for example, exercising the right to remain silent where it should not be used, or signing a statement without it being read) can lead to the conviction of an innocent person.

The areas where professional legal representation is most needed are:

Combating Illegally Obtained Evidence: The legal answer to the frequently asked question , "Can phone tapping recordings be considered evidence in court?" , varies depending on the procedure and legal requirements of the tapping. Removing these illegally obtained recordings, bank data, or unauthorized search transcripts from the case file requires expertise.
Confidentiality Orders: Confidentiality orders imposed by the prosecutor's office during the investigation phase limit access to case files . However, an experienced defense attorney can prevent the defense from being blindly informed by obtaining exceptional documents permitted by law (arrest warrant, expert report).
Carrying the Burden of Proof: In criminal proceedings, the burden of proof rests with the prosecution. The defense, rather than proving the defendant's innocence, aims to open the door to acquittal by demonstrating that the evidence presented by the prosecutor is not "beyond reasonable doubt," but rather raises reasonable doubt.

Avoiding Deadlines, Ensuring Complete Collection of Evidence, and Strategic Trial Management.

In our legal system, "statute of limitations" are absolute rules with no room for pardon. Missing even one day of the appeal (2 weeks), cassation, objection (7 days), or objection to a decision of non-prosecution (15 days) deadlines can lead to the closure of a case that could have resulted in trillions of liras in compensation or absolute acquittal, and can result in the conviction becoming final and the defendant going to prison.

Process Management: Suspects or defendants rightly wonder how long the Ankara High Criminal Court trial takes . Speeding up the process and preventing unnecessary delays is possible if the lawyer personally monitors the court clerk's office, conducts real-time document checks via UYAP (National Judicial Network), and, when necessary, inquires about the status of requests (e.g., why hasn't the forensic report arrived?) through the Ankara High Criminal Court's telephone and extension numbers .
Thorough Evidence Gathering: The court does not always automatically gather evidence in favor of the defendant. It is at the lawyer's discretion to request the retrieval of camera recordings before the deletion period (usually 15-30 days) expires, and to bring key witnesses before the court.

What does this mean?

Criminal courts are not places where one can approach a defense through trial and error, wondering "Should I do it or not?". Cases in these courts are like a chessboard with very strict rules, where decisions are made about whether a person will spend years in prison or be released.

The common belief that "What will a lawyer do? If I'm right, I'll be acquitted anyway" is one of the biggest pitfalls in criminal law. Obtaining a single camera recording from the scene that could save you before its expiration, exposing a witness's lies through cross-examination in court, or preventing the case from being closed by filing an appeal just in time—these are all actions that only professionals trained in this field can perform.

In short, just as you or a trainee doctor cannot perform open-heart surgery, in serious criminal trials that will directly affect your life and freedom, having an expert criminal lawyer who knows the procedure, the law, and the system very well is your most fundamental constitutional right and your greatest guarantee.

Legal Representation and Professional Process Information

Cases heard in High Criminal Courts and prosecutorial investigations are technical processes that directly concern personal liberty, have strict procedural deadlines, and can lead to irreparable loss of rights. For the process to be overseen by legal experts specializing in criminal law, both during the investigation phase when giving statements and during the trial phase in order to ensure the favorable interpretation of evidence and the effective protection of legal rights, it is vital that the process be conducted under the supervision of legal professionals specializing in criminal law.

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Frequently Asked Questions (FAQ)

How long does it take for a case to be concluded in Ankara's High Criminal Court?

In Ankara, criminal cases take an average of 1-3 years in the local court, depending on the collection of evidence and the number of defendants. This period is extended when, after the decision, the case is appealed to the Ankara Court of Appeals (within 2 weeks of notification), then transferred to the Regional Court of Appeals, and finally to the Supreme Court of Appeals with the necessary appeal period and petition.

When will the detained defendant be released?

When considering the investigation or prosecution phase, the release of the suspect depends on the elimination of the grounds for arrest under Article 100 of the Code of Criminal Procedure (suspicion of escape or tampering with evidence). As a result of your lawyer's appeal against the arrest filed with the Ankara duty heavy criminal court or magistrate's court, the suspect may be released under judicial supervision (for example, provided the travel ban abroad is lifted or there is no violation of the judicial supervision signature obligation).

What should be done when a summons is served by the prosecutor's office?

When you receive the summons, you must go to the Ankara Chief Public Prosecutor's Office investigation bureau without delay. Otherwise, it is likely that an arrest warrant will be issued against you. Before going, seeking support from an Ankara criminal lawyer (or a lawyer specializing in defense and criminal procedure) on how to give a statement to the prosecutor and on issues such as suspect rights and the right to remain silent will prevent any loss of rights.

Is it possible to be tried without being detained in drug trafficking cases?

Trafficking in narcotics or stimulants is considered a catalog crime under Article 188 of the Turkish Penal Code, making trial without detention extremely difficult. However, if the amount in question is below the limits set by the Supreme Court for drug use and possession, and there is no intent to traffic, it is possible to obtain release or acquittal directly in a criminal court through an effective defense.

If the suspended sentence is revoked, will one go to prison?

Yes. If you intentionally commit a new crime during the 5-year probationary period following a suspended sentence (HAGB) decision, the HAGB decision will be reinstated by the court, and you will risk imprisonment as the decision becomes final and the execution phase begins. The answer to the question of where to appeal a suspended sentence is to appeal to a higher High Criminal Court, which follows the same court in terms of numbering as the court that issued the decision.

Can a compensation lawsuit be filed if someone is acquitted in a serious crimes case?

A person unjustly detained in prison during the investigation phase (for example, during the detention period) or while the trial is ongoing can claim material and moral compensation from the state after being acquitted. Following the finalization of the verdict, procedures for expunging the criminal record and restoring civil rights can also be carried out.

Ankara Judicial Organization Structure: Division of Duties Between the Sıhhiye Central Building, Ankara West (Sincan) and Additional Service Buildings

Key Differences Between High Criminal Courts and Ordinary Criminal Courts

The Panel Structure of the High Criminal Court

Basic Types of Crimes and Minimum Sentences Falling Within the Jurisdiction of the High Criminal Court

What does this mean?

Ankara Chief Public Prosecutor's Office Investigation Phase: Initial Contact and Statement Processes

Processing of Criminal Complaints, Reports and Grievances (Public Prosecutor's Office)

Interrogation Procedure at Law Enforcement (Police/Gendarmerie) and Prosecutor's Office Stages

Suspect's Legal Rights: Right to Remain Silent, Request for Legal Counsel, and Right to Inspect Files

Protective Measures in Investigations: Detention, Search, Seizure, and Technical Surveillance.

Possible Decisions and Alternative Courses Based on the Investigation

What does this mean?

Measures Restricting Freedom: Ankara Magistrates' Courts and the Detention Process

Arrest Conditions and Strong Suspicion Criterion under Article 100 of the Code of Criminal Procedure

An Alternative to Arrest: Judicial Control Measures

Ankara Duty Magistrate Court Referral Process and Arrest Interrogation

Arrest and Interrogation Process:

Procedures, Time Limits, and Judicial Review Authority for Appeals Against Arrest and Judicial Control Decisions

Detention Period Limits and Release Requests During the Investigation Phase

What does this mean?

From Acceptance of Indictment to Trial: Preliminary Hearing Minutes and Interim Period

The High Criminal Court's Review of the Indictment and Reasons for Returning It

The Suspect Becomes a "Defendant" Upon Acceptance of the Indictment

What is a Preliminary Hearing Order? It includes provisions for release, setting a hearing date, and issuing warrants.

Submission of Defense Evidence to the Court and Issuance of Summonses to Witnesses

What does this mean?

Prosecution (Trial) and Trial Practice in High Criminal Courts

First Hearing Day: Identification, Reading of the Indictment, and Defendant's Defense

Statements of the Complainant/Victim and Acquisition of Participating (Intervening) Status

Methods of Taking Statements and Directly Asking Questions (Cross-Examination) via SEGBIS

Presentation of Evidence and Elimination of Illegally Obtained Evidence in Criminal Procedure

Procedures for Appealing Expert Examinations, On-Site Investigations, and Forensic Medicine Reports

The Public Prosecutor's Opinion on the Merits and the Defendant's Response to that Opinion

What does this mean?

The Most Frequent Types of Cases and Trial Characteristics in Ankara High Criminal Courts

Crimes Against Life: The Balance Between Unjust Provocation and Self-Defense in Intentional Homicide and Aggravated Circumstances

Drug Trafficking Cases (Turkish Penal Code Article 188): Supreme Court and Local Court Criteria in Distinguishing Between Use and Trafficking

Property Crimes: Evidence Assessment in Cases of Aggravated Fraud and Extortion

Crimes Against Public Trust and the State: Forgery, Bribery, Embezzlement, and Organized Crime Trials

What does this mean?

Decision-Making Stage: Types of Sentences and Principles of Punishment in High Criminal Courts

Cases Requiring Acquittal (E.g., Proven Innocence of Crime, Insufficient Evidence, etc.)

Decision that No Punishment is Necessary (Circumstances Eliminating Culpability)

Conviction Judgment, Determination of Basic Sentence and Legal Augmentation/Reduction Provisions (Turkish Penal Code Article 62)

Conditions for Postponement of the Announcement of the Verdict (HAGB), Deferment of the Sentence, and Conversion to a Judicial Fine

What does this mean?

Legal Remedies: Ankara Regional Court of Appeals (Appeals Court) and Supreme Court of Appeals (Cassation Court)

Appeal Filing Period (Time periods starting from the date of pronouncement/notification of the judgment)

The Authority of the Ankara Regional Court of Appeals Criminal Chambers to Review Cases (Review with Hearing or Rejection on the Merits)

Appeal Limits and Procedure for Applications to the Criminal Chambers of the Court of Cassation

Finalization of the Decision, Execution Phase, Probation and Open Prison Processes

Claim for Material/Moral Damages Due to Wrongful Detention by an Acquitted Defendant

What does this mean?

Legal Representation in Serious Criminal Proceedings, Prevention of Loss of Rights, and Process Guarantees

The Scope of Mandatory Legal Representation in Serious Criminal Cases and the Importance of Professional Defense

The Impact of Procedural Errors During the Investigation and Prosecution Phases on the Course of the Case

Avoiding Deadlines, Ensuring Complete Collection of Evidence, and Strategic Trial Management.

What does this mean?

Frequently Asked Questions (FAQ)

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