A Turkish criminal file can contain two separate documents both headed indictment (iddianame), with a court decision between them returning the first indictment to the Chief Public Prosecutor’s Office (Cumhuriyet Başsavcılığı). When a suspect, an injured party or counsel abroad receives the file, the immediate translation question is which of the two indictments governs the case and whether the returned version and the return decision need to be translated as well. This note sets out the rules in Article 174 of the Code of Criminal Procedure (CMK). How the defence answers the indictment is for the lawyer handling the case.
Fifteen days to examine the file, or deemed acceptance
Under Article 174(1) of the Code of Criminal Procedure (CMK), the court examines all documents relating to the investigation phase within fifteen days from the date on which the indictment and the investigation documents (soruşturma evrakı) are submitted to it. Article 174(3) adds that an indictment not returned at the latest by the end of the fifteen-day period specified in the first paragraph is deemed accepted (kabul edilmiş sayılır). The submission date and the date of the court’s decision on return or acceptance are therefore kept exact in translation.
The five grounds for return in Article 174(1)(a) to (e)
Article 174(1) lists the grounds on which the court, pointing out the missing or erroneous points (eksik veya hatalı noktalar belirtilmek suretiyle), decides to return the indictment to the Chief Public Prosecutor’s Office in five lettered sub-paragraphs, (a) to (e): under (a), an indictment drawn up contrary to the statutory provision governing the contents of an indictment; under (b), one drawn up without collecting an existing piece of evidence that will directly affect the proof of the offence (suçun sübûtuna doğrudan etki edecek mevcut bir delil); under (c), in matters clearly understood from the investigation file to be subject to prepayment (önödeme), criminal mediation (uzlaştırma) or the expedited trial procedure (seri muhakeme usulü), one drawn up without prepayment, criminal mediation or the expedited trial procedure being applied; under (d), in offences whose investigation or prosecution is subject to permission or request, one drawn up without permission being obtained or without a request; and under (e), one drawn up without having a social inquiry (sosyal inceleme) conducted in respect of children who have not completed the age of fifteen.
Legal characterisation excluded, and the prosecutor’s objection
Article 174(2) states that an indictment cannot be returned because of the legal characterisation of the offence (suçun hukukî nitelendirilmesi sebebiyle). Under Article 174(5), the public prosecutor (Cumhuriyet savcısı) may lodge an objection (itiraz) against the return decision. Because a decision returning an indictment (iddianamenin iadesi kararı) points out procedural or evidentiary deficiencies under Article 174(1) rather than acquitting the suspect or ending the matter, its English heading is rendered as a decision returning the indictment and never as a dismissal of the charges.
What follows the return under Article 174(4)
Under Article 174(4), upon the return of the indictment, the public prosecutor completes the deficiencies and corrects the erroneous points shown in the decision and, unless a situation requiring a decision of non-prosecution (kovuşturmaya yer olmadığı kararı) arises, draws up a new indictment (yeniden iddianame düzenleyerek) and sends the file to the court. The second sentence of Article 174(4) adds that the indictment cannot be returned again on grounds that were not specified in the first decision.
Three distinct documents in a translation set
Where an indictment was returned and a new one drawn up under Article 174(4), the file holds three separate texts: the returned first indictment, the court’s return decision listing the missing or erroneous points, and the newly drawn-up indictment. Where a reader abroad only needs the charge sheet on which the prosecution proceeds, the newly drawn-up indictment is the operative text; where the defence or the prosecutor’s objection turns on what was missing in the first text or whether a second return was barred by Article 174(4), all three documents are translated and labelled with their dates and numbers. The translator renders the text; they do not give legal advice, assess the outcome of the document or draft pleadings or contracts. The structure of an indictment is covered in the Turkish court documents section. Acte Tercüme translates Turkish indictments, court decisions returning an indictment and newly drawn-up indictments into English and French.