This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İddianame Düzenlendi: Şimdi Ne Oluyor?.
The investigation has ended and the prosecutor has filed an indictment. That is the moment the file changes hands: from now on it is the court, not the prosecutor, that decides.
This article covers what an indictment contains, why the court may return it, what changes once it is accepted, and what should be done at this stage.
What an Indictment Is
An indictment is the document the prosecutor draws up, on reaching sufficient suspicion at the end of the investigation, and files with the competent court. It is the act that begins the prosecution.
What it must contain is listed in the Act: the identity of the suspect, their counsel, the victim and any representative, the offence charged and the provisions said to apply, the place and time of the offence, the evidence, and an account of the facts said to incriminate the suspect.
The critical rule: no one can be tried for an act not set out in the indictment. Its scope draws the boundary of the case. Another act coming to light later requires a separate investigation.
Why the Court Returns an Indictment
The court examines the indictment within fifteen days. If no decision is made in that period, the indictment is treated as accepted.
The grounds for returning it are listed exhaustively:
- the elements required by the Act are missing from the indictment
- evidence has not been gathered that bears directly on proof of the offence and could easily have been obtained
- the procedure of advance payment or of settlement has not been applied
- a condition of investigation or of prosecution has not been satisfied
A return is not an acquittal: the prosecutor cures the defect and files the indictment again. Indictments filed without settlement having been attempted are among the commonest returns in practice.
What Changes on Acceptance
Acceptance of the indictment begins the prosecution stage, and several things change at once:
- the suspect becomes a defendant
- the file passes from the prosecutor to the court, and the judge takes the decisions
- any restriction on access to the file is lifted, and the defence can examine the whole of it
- a hearing date is set, and the indictment and the summons are served on the defendant
The third point is the turning point for the defence: access restricted during the investigation opens up here, and all the evidence becomes visible.
What to Do at This Stage
The period after service of the indictment is where the defence is actually built:
- Examine the whole file. See what evidence was gathered and what was not.
- Check the characterisation. Is the provision applied to the act the right one? An aggravating element may have been added unnecessarily.
- File your evidence requests. The list of witnesses, requests for camera footage and for expert examination must be filed before the hearing.
- Check limitation and the complaint period. If time has expired, discontinuance arises.
- Check whether settlement applies. If the offence is within its scope and it was not attempted, that is a ground for returning the indictment.
If you are the victim or complainant, this is the stage at which to apply to join the proceedings as an intervening party. That status gives you the right to follow the file, put in evidence, and take the decision to appeal.
Indictment or Decision Not to Prosecute
At the end of an investigation the prosecutor makes one of two decisions. An indictment opens proceedings; a decision not to prosecute means no proceedings are brought.
The test between them is “sufficient suspicion”: that conviction is more likely than acquittal. Certainty is not required. So the filing of an indictment does not mean a person is guilty.
A complainant may object to a decision not to prosecute before the criminal judgeship of the peace within fifteen days of service.
Using the Time Before the Hearing
There are usually weeks between acceptance of the indictment and the first hearing. That time is given for preparing the defence and should not be wasted.
- File the list of witnesses. Filing it in advance is what gets the witnesses summoned; saying “I have a witness” at the hearing does not.
- Rescue time-limited evidence. Camera footage is kept only briefly, so the request for it must not be delayed.
- Ask for an expert examination. Where a technical issue arises, filing the request with reasons avoids an adjournment.
- Consider settlement. If the offence is within its scope, a settlement can bring the case to an end.
Attendance matters too: failing to attend without excuse can lead to an order to bring you by force, or to trial in your absence. If you cannot attend, file the excuse before the hearing.
Where access was restricted during the investigation you may not have seen the file at all. Acceptance of the indictment lifts that restriction. The defence's first task is to read the whole file and establish what evidence was never gathered.
Frequently Asked Questions
Does an indictment mean I am guilty?
No. It means the prosecutor found sufficient suspicion — that conviction is more likely than acquittal. Guilt is decided by the court.
Why would the court return the indictment?
Where required elements are missing, where easily obtainable evidence bearing on proof was not gathered, where advance payment or settlement was not applied, or where a condition of prosecution is unmet.
When can I see the case file?
Any restriction on access is lifted when the indictment is accepted, and the defence can then examine the whole file.
Can I be tried for something not in the indictment?
No. Its scope draws the boundary of the case; another act requires a separate investigation.
How do I take part as a victim?
Apply to join the proceedings as an intervening party, which gives you the right to follow the file, put in evidence and appeal the decision.