The answer depends on the stage the indictment has reached. In Turkish criminal procedure acceptance of the indictment is a threshold: that decision ends the investigation stage and begins the prosecution stage. Confidentiality of the investigation, under Article 157 of the Criminal Procedure Code, attaches only to procedural acts in the investigation stage.
Two stages, two different risks
| Stage | Confidentiality | Principal risk |
|---|---|---|
| Indictment drawn but not yet accepted | The investigation stage continues; Article 157 confidentiality applies | Article 285/1 — publicly breaching investigation confidentiality |
| Indictment accepted | The prosecution stage has begun; the rule is that hearings are public (Art. 182/1) | Article 285/5 (perception of guilt), Article 288 (influencing justice), personality rights |
Before acceptance: the Article 285 conditions
Publishing the content of an indictment that has not been accepted is not automatically an offence. Article 285/1 requires one of two alternatives: that the disclosure infringe the right to benefit from the presumption of innocence, or the confidentiality of communications or of private life; or that it be capable of preventing the emergence of the material truth.
An indictment is the prosecution’s allegation; it is not a judgment. Presenting its content as though it were a conviction can create a perception of guilt for the purposes of Article 285/5.
After acceptance: confidentiality ends, limits remain
With acceptance the file moves to the prosecution stage and, under Article 182/1 CPC, hearings are public. At that stage an argument based on investigation confidentiality does not run. Three limits nevertheless continue:
- The presumption of innocence. Article 285/5 covers the prosecution stage too — the provision says “during the investigation and prosecution stages”.
- Identity bans. Under Article 21 of Law No. 5187 the identity of offenders and victims under eighteen, and of victims of sexual offences, may not be given; that their names appear in the indictment does not change this.
- A court publication ban. Under Article 187/3 CPC the court may prohibit publication of part or all of the content of a public hearing.
Where the hearing is closed
In some files hearings are held in private: under Article 182/2 CPC where public morals or public security absolutely require it, and under Article 185/1 by operation of law where the defendant has not completed eighteen years of age. Article 187/2 is then categorical: “The content of a closed hearing may not be published by any means of communication.” Because the indictment is the subject matter of that hearing, conveying its content is assessed within that prohibition.
How it should be published
- State in every reference that an indictment is an allegation.
- Include the defence; if there is no response from the defendant or counsel, say so.
- Strip out persons whose identity is protected.
- Remove the personal data of third parties.
- Quote the passage with news value rather than publishing the document in full.
- State clearly whether it has been accepted.
The protective provision
Article 285/6 is explicit: “Making the investigation and prosecution proceedings the subject of news without exceeding the limits of reporting shall not constitute an offence.” Indictment reporting sits within that protection, to the extent the limits are not exceeded.
The scope of confidentiality is covered in the confidentiality guide and closed hearings in the closed hearing guide.