This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Basit Yargılama Usulü ve Seri Muhakeme: Hızlı Yollar.
The simplified civil procedure runs on shorter periods and with fewer pleadings than the ordinary written procedure (Article 316 of the Code of Civil Procedure). There is no reply and no rejoinder; the evidence must be filed with the pleadings themselves. Matters within the jurisdiction of the civil court of peace, and the cases the statute lists, follow it.
Not every case moves at the same speed. In civil proceedings the simplified procedure, and in criminal proceedings the summary disposal and simplified procedures, shorten matters markedly.
This article explains all three and when each applies.
What Is the Simplified Civil Procedure?
Article 316 lists the matters that follow it. The principal ones are:
- cases and matters within the jurisdiction of the civil court of peace
- cases and matters in which the statute gives the court a discretion to decide on the file alone
- applications for interim legal protection — interim injunctions, preliminary attachment, preservation of evidence — and objections to them
- all maintenance cases, and cases and matters concerning custody and guardianship
- cases arising from a service relationship
- cases concerning composition with creditors and the restructuring of companies and cooperatives by agreement
- matters relating to arbitration
- cases and matters that other statutes direct to a procedure other than the ordinary written one
The most important feature of this procedure is that the exchange of pleadings is shortened.
How Does It Differ from the Ordinary Procedure?
1. Pleadings (Article 317). The action is begun by a statement of claim, and the period for the defence is two weeks from service. Where preparing the defence within that period is very difficult or impossible, the court may, on an application made in time, grant one further period not exceeding two weeks.
The most important difference: there is no reply and no rejoinder. The exchange of pleadings ends after two documents.
2. Filing evidence (Article 318). The parties must, with their pleadings, identify all their evidence expressly and state which fact each item proves; attach the evidence in their possession; and give, for documents and files to be obtained from elsewhere, the information needed to locate them.
3. Preliminary examination and investigation (Article 320). Where possible the court decides on the file without calling the parties to a hearing.
Where the case must proceed to the investigation stage, the court conducts the preliminary examination and the investigation together; where hearings are held, the interval between two hearings may not exceed one month.
4. Extending claims and defences (Article 319). The prohibition takes effect when the action is brought and when the defence is filed — that is, earlier than under the ordinary procedure.
5. Judgment (Article 321). Once the investigation is complete the court takes the parties' final statements and gives judgment.
| Ordinary procedure | Simplified procedure | |
|---|---|---|
| Number of pleadings | Four (claim, defence, reply, rejoinder) | Two (claim, defence) |
| Period for the defence | 2 weeks (+ up to 1 month further, once only) | 2 weeks (+ up to 2 weeks further, once only) |
| Filing evidence | During the pleadings stage | With the pleadings themselves |
| Extending claims and defences | Limited | More limited |
| Preliminary examination | As a rule with a hearing | May be done without a hearing |
| Investigation | Several hearings | As a rule two hearings |
| Cases covered | The general rule | Civil court of peace matters and the cases the statute lists |
Where evidence is not filed with the pleadings in the simplified procedure, the scope for completing it later is very narrow; this is the most common way rights are lost.
What Is Summary Disposal in Criminal Cases?
Article 250 of the Criminal Procedure Code governs the summary disposal procedure.
It applies to the offences individually listed in the statute, where no decision has been made at the end of the investigation to defer bringing a public prosecution.
Among the offences within its scope: unlawful occupation of land, intentionally endangering public safety, endangering traffic safety, causing noise, counterfeiting currency, breaking a seal, false declaration in the making of an official document, providing premises and facilities for gambling, using another's identity or identity details, and certain offences under special statutes.
How it works: the prosecutor or the police inform the suspect about the procedure. If the suspect accepts the offer in the presence of defence counsel, the procedure applies.
The prosecutor fixes the sanction by applying a reduction of one half to the basic sentence determined between the lower and upper limits of the relevant article of the Criminal Code.
The court is then asked to give a decision on the sanction determined. It examines whether the conditions are met and decides, hearing the suspect where necessary.
There is no hearing in this procedure and the process is very short. An objection lies against the decision.
What Is the Simplified Criminal Procedure?
Article 251 provides a separate accelerated procedure in criminal cases.
It may be applied to offences carrying a judicial fine and/or imprisonment of two years or less at the upper limit.
How it works: after accepting the indictment the court may decide to apply the simplified procedure. The indictment is then served on the accused, the victim and the complainant, who are asked to give their statements and defence in writing within fifteen days.
Once that period has expired the court decides without a hearing and without taking the prosecutor's opinion.
Where a conviction is entered, the final sentence is reduced by one quarter.
Objection: an objection lies against a decision given under this procedure. If it is made in time the court opens a hearing and the case proceeds under the general provisions — and in that event the one-quarter reduction is not applied.
That is a significant choice: objecting costs the reduction but opens the way to a hearing and to acquittal.
Which Route Should Be Chosen?
The accelerated criminal procedures carry both advantages and risks for an accused.
Advantages: a short process, a reduced sentence, no burden of hearings.
Risks: both procedures end in a conviction. Accepting them in a file with strong prospects of acquittal closes off the chance of being cleared.
What to weigh before deciding:
- the state of the evidence — is acquittal a real prospect?
- the effect of the outcome on the judicial record and on professional standing
- whether deferral of the judgment or suspension of the sentence has been considered
- the length of the sentence after the reduction
In summary disposal the law requires the offer to be accepted in the presence of defence counsel — precisely so that this assessment can be made.
Speed is not always the best outcome. Decide according to the strength of the file.
In the simplified criminal procedure a conviction carries a reduction of one quarter; but if the decision is objected to, a hearing is opened and the reduction is not applied. In a file with strong prospects of acquittal, the accelerated procedures close off the chance of being cleared — decide according to the evidence.