Abstract:

A new procedure called “simplified proceeding” has been annexed into the Criminal Prodecure Code with the Act no 7188. This proceeding stands for the deviation from the general principle of procedure and simplifying the penalty phase in cases where the evidence is clear and the proof is easy for the offenses with light penalties. By this proceeding, there is no deviation from the general procedure rules as regards to investigation phase. In “simple proceeding”, unlike the general procedure, a judgment is delivered without a hearing after the indictment is accepted. The court notifies the parties about the indictment before delivering a judgment and gives them a duration of fifteen days to make a statement. The authority to decide whether the simple proceeding will be used in trial belongs exclusively to the court.However, the court always has the power to withdraw from the simple proceeding and to return to the general procedure. If the parties object to the verdict given by the application of the simple proceeding, it is obligatory to hold a hearing.

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