When an offence is committed, the criminal justice system comes into operation following a complaint by the victim or an investigation initiated ex officio. It serves as a fundamental mechanism for maintaining public order. But what is a criminal case, how is it initiated, and who are the parties involved? In this article, we explain what a criminal case entails, the stages it goes through, and the available legal remedies in clear and straightforward language.
What Is a Criminal Case?
A criminal case is a judicial proceeding initiated by the Office of the Chief Public Prosecutor in response to an alleged offence, with the aim of determining whether the defendant should be convicted and sentenced. In these proceedings, the public prosecutor acts on behalf of society and seeks the defendant’s punishment, while the court reaches a decision based on the evidence.
Criminal proceedings concerning acts that violate public order may be initiated without requiring an individual complaint. However, certain offences, such as insult and threats, are subject to complaint and are investigated upon the victim’s complaint.
What Are the Stages of a Criminal Case?
Understanding the judicial process is essential to fully answering the question, “What is a criminal case?” Criminal proceedings generally consist of the following stages:
1. Investigation Stage
The public prosecutor collects evidence and hears the suspect in response to suspicion that an offence has been committed. If sufficient evidence is available, a public prosecution is initiated.
2. Prosecution Stage
The court proceedings begin. Statements are taken from the defendant and the victim, witnesses are heard, and the evidence is examined.
3. Judgment and Reasoned Decision
The court issues a judgment of acquittal, conviction, or dismissal of the case. Once the reasoned decision has been prepared, it is served on the parties.
4. Legal Remedies
Parties who challenge the judgment may exercise their legal remedies, including appeal and cassation.
These stages are particularly important in the practice of Criminal Law.
Who Are the Parties to a Criminal Case?
- Defendant: The person accused of committing the offence.
- Victim/Complainant: The individual or legal entity that has suffered harm as a result of the offence.
- Public Prosecutor: The authority responsible for initiating and conducting the case on behalf of the public.
- Defence Counsel/Lawyer: The legal representative of the defendant.
In certain cases, the victim may also be represented by a lawyer during the proceedings. Obtaining professional legal assistance is particularly important to ensure that victims’ rights are protected.
What Are the Available Legal Remedies?
Parties who disagree with a criminal court’s judgment may pursue the following legal remedies:
- Appeal: An application to the Regional Court of Appeal against a first-instance court judgment.
- Cassation: An application to the Court of Cassation if the dispute remains following the appeal proceedings.
- Individual Application to the Constitutional Court: Available where a violation of fundamental rights is alleged.
- Application to the European Court of Human Rights (ECtHR): An international application concerning alleged human rights violations, following the exhaustion of domestic legal remedies in Türkiye.
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