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
- The prosecutor's office or court proposes pre-payment
- The suspect/defendant responds with acceptance or rejection within 30 days
- If accepted, the amount is deposited to the treasury tellers
- 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.