Jurisdiction of the High Criminal Court

Which Cases Does the High Criminal Court Hear? What You Need to Know

The High Criminal Court is the court that deals with the most serious crimes in the Turkish legal system. Crimes within the jurisdiction of the High Criminal Court Law No. 5235 It is included in the 12th article. So, when does a case fall under the jurisdiction of the High Criminal Court and what are the crimes heard in this court? The answer to this question is vital for every individual involved in criminal law processes.

This article explains in general terms the types of crimes and cases that fall within the jurisdiction of the High Criminal Court.

Area of Jurisdiction of the High Criminal Court: Basic Criteria

The cases that the High Criminal Court will hear are specified in Article 12 of the Law No. 5235 on the Establishment, Duties and Powers of the First Instance Courts of Judicial Justice and Regional Courts of Justice and in the relevant articles of the Turkish Penal Code (TCK). It is generally determined according to two basic criteria:

Amount of Penalty: Lower limit in the Turkish Penal Code Imprisonment of 10 years or more fall directly within the jurisdiction of the High Criminal Court. It is argued that
Nature of the Crime: Some crimes are tried directly by the High Criminal Court, regardless of the amount of the penalty, due to their impact on society and their nature.

Major Cases Held in the High Criminal Court

The most common and well-known types of crimes that fall within the jurisdiction of the High Criminal Court are:

Crime of Intentional Murder (Murder): The act of deliberately killing a person and the qualified forms of this crime (for example, killing with premeditation or monstrous feeling).
Aggravated Fraud: Fraud crimes committed using information systems or against public institutions and organizations.
Loot (Extortion) Crime: The crime of seizing property by using force or threat.
Crimes Against the Security of the State: Crimes such as disrupting the unity and territorial integrity of the state, crimes against the constitutional order and establishing an armed organization.
Narcotic and Stimulating Substance Manufacturing and Trade: Crimes of producing, selling or trading narcotic drugs.
Embezzlement and Extortion Crimes: Crimes such as embezzlement or bribery by public officials by abusing their duties.
Forgery of Official Documents: Crimes of forging or using an official document.

The High Criminal Court panel, consisting of three judges, a president and two members, carries out the prosecution process in trials regarding these crimes.

High Criminal Court Cases and Legal Support

Cases heard in high criminal courts may bring heavy penalties that restrict the freedom of the defendant. Therefore, it is vital to work with an attorney from the investigation stage onwards.

Investigation Phase: It begins with learning of the suspicion of a crime in an investigation in which you take part as a suspect, victim or complainant.: Knowing your legal rights and giving accurate statements in the prosecutor's office investigation will positively affect the course of the case.
Prosecution Phase: During the trial process that begins after the indictment is accepted, the defense prepared by your lawyer, the evidence presented and the legal arguments directly affect the court's decision.
Appeal and Appeal: If you think that the decision of the court is against the law, it is necessary to file an appeal/appeal to overturn the decision through appeal and appeal legal remedies.

Duties, powers and remedies are evaluated according to the nature of the concrete incident and the transactions in the file.

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