What is Pre-Payment? Which Crimes Apply?

Pre-payment is an institution regulated under TCK Article 75 that enables the waiver of prosecution rights in minor crimes before prosecution is filed or trial begins, by the defendant paying a certain amount to the treasury. This institution provides the defendant with the opportunity to terminate the case quickly.

To Which Crimes Does It Apply?

Pre-payment is applied only to crimes with imprisonment of no more than 3 months. The main ones of these crimes are:

• Simple defamation (TCK 125/1)
• Abuse of trust due to service (TCK 155/1)
• Unauthorized access to information system (simple form, TCK 243/1)
• Simple injury prosecuted upon complaint
• Violation of home immunity
• Damage to property (TCK 151/1)

How Is the Amount to Be Paid Determined?

The pre-payment amount is determined by the court and corresponds to the minimum monetary fine that can be imposed, not exceeding the lower limit. Generally, the calculation formula is: daily judicial fine × number of penalty days. As of 2026, it varies between 100-2,000 TL.

Process

1. The prosecutor's office or court proposes pre-payment
2. The suspect/defendant responds with acceptance or rejection within 30 days
3. If accepted, the amount is deposited to the treasury tellers
4. Public lawsuit is not filed or if filed, is dismissed

Advantages

• Not recorded in the criminal record
• No trial process is experienced
• Fast and definitive result
• Savings from attorney fees

Disadvantages

Pre-payment does not mean admitting that the crime was committed, but the title "suspect/defendant" is recorded. The personal rights of the victim (compensation) can be sued separately. Administrative sanctions (such as cancellation of driver's license) do not end with pre-payment.

As Elazığ Law Office

In minor crimes, we evaluate the suitability of the pre-payment strategy, represent our clients in amount negotiations, and provide legal counsel in the decision-making process.