Fraud Lawsuit Process Will Now Proceed Faster
Official titleDecision of the Constitutional Court Dated 13/5/2026 and Numbered E: 2026/10, K: 2026/111
The Constitutional Court has found the statutory amendment, which envisages the removal of aggravated fraud offenses from the jurisdiction of the heavy penal courts and their inclusion in the jurisdiction of the criminal courts of first instance, to be in conformity with the Constitution, and has rejected the requests for annulment.
Details of the Regulation
In the objection applications lodged by the Criminal Courts of First Instance in Osmaniye, İstanbul, and Konya, it was asserted that the amendment made to Law No. 5235 by Law No. 7571 was contrary to the principles of the state of law, the right to a fair trial, and the natural judge. At the core of the objection lies the allegation that hearing the offense of aggravated fraud before the criminal courts of first instance rather than the heavy penal courts, which have a more stringent institutional structure, would prejudice the rights of the defendant. In its examination, the Constitutional Court emphasized that the establishment of courts and the determination of their jurisdiction and competence fall within the discretionary power of the legislature. The Court stated that fair trial guarantees are fully applied in the criminal courts of first instance as well, and that transferring the case to another general court for the purposes of specialization and expeditiousness does not constitute an obstacle to the freedom to seek justice. The decision also includes a ruling of lack of jurisdiction regarding the provisional regulation envisaging that pending (ongoing) cases shall continue to be heard in their existing courts. Consequently, the regulation providing for aggravated fraud offenses to be heard in the criminal courts of first instance was unanimously found to be in conformity with the Constitution.
Questions You Might Have
- Will ongoing cases be transferred to the criminal court of first instance?
- No, existing cases being heard in the heavy penal court as of the date the statute enters into force will remain in their former court until concluded.
- Are the defense rights of the defendant in the trial restricted by this decision?
- No, the AYM found no loss of rights, stating that procedural guarantees in the criminal courts of first instance are of the same standard as those in the heavy penal courts.
- Was there any divergence of opinion among the AYM members on this matter?
- No, the decision was taken unanimously (UNANIMOUSLY) with the participation of all members.
Key Terms
- İtiraz Yolu
- A court's application to the AYM for the annulment of a statutory provision to be applied in a pending case before it, on the grounds of unconstitutionality.
- Doğal Hâkim İlkesi
- The constitutional principle guaranteeing that no one may be brought before any authority other than the court to which they are legally subject.
- Nitelikli Dolandırıcılık
- The offense of fraud committed with certain aggravating circumstances, such as the exploitation of religious feelings or the use of information systems.
Where we posted this
Follow Turkish legal developments
REGAS analyzed all 50 items in the Official Gazette of 7 August 2026; we published only 4 of them here.
REGAS summarizes every change in the Turkish Official Gazette in plain language and notifies you.
The REGAS app is currently Turkish-only. If you would like English in the app, the best way to make it happen is to support the developer: get the app and just say so.
REGAS Commentary
This decision provides confirmation that the legislature has broad discretion regarding the determination of the 'competent court' in criminal proceedings. The most practical outcome for citizens is that it paves the way for aggravated fraud files to be concluded more quickly by relieving them from the heavy penal courts' workload. However, since this means that the case will be heard by a single-judge court, it can be said that the advantage of deliberation offered by a multi-judge panel trial will no longer apply to this type of offense.