High Criminal Courts are specialized courts with three judges that try crimes requiring a prison sentence of more than 10 years and certain crimes such as plunder, extortion, forgery of official documents.
Field of Duty (Article 12 of Law No. 5235)
- Crimes requiring imprisonment of more than 10 years
- Plunder (TCK article 148)
- Extortion (TCK Article 250)
- Forgery of official documents (TCK article 204/2)
- Fraudulent bankruptcy (TCK article 161)
- Crimes against the constitutional order
- Crimes against the security of the state
- Terrorism crimes (prosecuted by special high criminal courts)
Stages of Trial
1. Investigation Phase
It is carried out by the public prosecutor. Major operations:
- Taking statements (suspect, victim, witness)
- Expert examination
- Search, seizure, detention
- Criminal judgeship of peace protection measures (arrest, judicial control)
- Issuing the indictment (CMK article 170)
2. Acceptance of the Indictment (CMK article 174)
The court examines the indictment within 15 days and decides whether to accept or return it. In case of extradition, the prosecutor's office will complete the deficiencies.
3. Prosecution Phase
Rights of the Accused
- Benefiting from the assistance of a lawyer — compulsory defense in case of heavy penalty
- Right to remain silent (CMK article 147)
- Not making any incriminating statements about himself or his relatives
- Examination of witnesses
- Requesting expert review
- A say in the evaluation of evidence
- Examining the file and taking a sample (unless there is a confidentiality order)
- Objection to arrest
- Request for evacuation
Victim and Participant Rights
- Participating in the investigation
- Making a complaint as a complainant
- Gaining the title of participant (CMK article 237)
- Attorney assistance, free attorney (sexual crimes, child victim)
- Trial expenses and claim for non-pecuniary damages
Post-Decision Ways
Appeal (CMK art.272-285)
- Within 7 days from the date of decision
- Examined by the Regional Court of Justice (BAM) Criminal Chamber
- BAM may conduct substantive investigation and hear witnesses if necessary
- The decision can be changed, overturned and retried, or confirmed
Appeal (CMK art.286-307)
- To the Supreme Court within 15 days against the BAM decision
- Possible for imprisonment of more than 5 years or for certain crimes
- The Supreme Court conducts illegality review (no substantive review)
Constitutional Court Individual Application
After ordinary remedies have been exhausted, an individual application can be made to the Constitutional Court within 30 days (fair trial, violations of personal freedom).
ECtHR Application
There is an opportunity to apply to the European Court of Human Rights within 4 months after the Constitutional Court decision (alleged violation of guarantees in the Convention).
High criminal trial is an extremely technical and sensitive field. Considering the risk of the defendant facing years of punishment, the process should be managed by an experienced criminal defense lawyer.