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The Law on the Procedures of Criminal Proceedings (Usûl-i Muhâkemât-ı Cezâiyye Kanun-ı Muvakkati) came into effect in 1879. It is the first comprehensive legal regulation of criminal procedure law in the Ottoman State in the modern sense. This law remained in force not only during the Ottoman period but also in the early years of the Republic, until it was replaced by Law No. 1412 on the Procedures of Criminal Proceedings, which entered into force in 1929. The law holds the distinction of being the first codified legislation to systematically regulate criminal trial procedures in the Ottoman State. The Law on the Procedures of Criminal Proceedings was drafted by taking the French Criminal Procedure Law of 1808 as a model and structured in a manner comparable to European procedural laws. In addition to an introductory section, the law consists of two books and is based on a trial system that clearly distinguishes between the investigation and prosecution stages.
Criminal law reforms carried out in the Ottoman State during the 19th century developed within the framework of legal changes implemented during the Tanzimat and Constitutional periods. This reform process began with the Gülhane Hatt-ı Hümâyûnu (Tanzimat Edict) proclaimed on 3 November 1839, which laid the foundation for the adoption of a Western-style legal system. While the Edict guaranteed the security of life, property and honor of Ottoman subjects, it also contained the first steps toward implementing the concept of the rule of law in the field of criminal law.
The first concrete legal product of the Tanzimat reforms was the Penal Code adopted on 3 May 1840. This code is regarded as the beginning of the transition to modern criminal law. Subsequently, the Kanun-ı Cedîd (New Law) of 1851 and the Hümâyunu Penal Code of 1858 came into effect. The 1858 code, influenced by the Roman-German legal system, stands out as the first regulation to incorporate “modern criminal law” into the Ottoman legal system.
In addition to these penal codes, the absence of a separate legal framework regulating trial procedures was addressed by the Law on the Procedures of Criminal Proceedings of 1879. With this law, Ottoman criminal adjudication acquired a systematic and holistic structure. On the same date, the Law on the Procedures of Civil Proceedings (Usûl-i Muhâkemât-ı Hukukiyye Kanun-ı Muvakkati) established procedural rules for civil cases, and the Nizamiye Courts Organization Law introduced structural regulations for the courts.
The Tanzimat reforms affected not only the content of laws but also the processes of their drafting and adoption. In this context, institutions such as the Meclis-i Vâlâ-yı Ahkâm-ı Adliye and the Meclis-i Âlî-i Tanzimat played an active role in preparing reform laws. With the proclamation of the Islahat Fermanı in 1856, the codification process accelerated further, and criminal law reforms were placed on a more systematic foundation.
The Kanûn-ı Esâsî proclaimed in 1876 marked the beginning of a constitutional era in the Ottoman State and initiated the First Constitutional Period. The Law on the Procedures of Criminal Proceedings of 1879, adopted during this period, is regarded not only as a product of the post-Tanzimat era but also as part of the broader Ottoman modernization movement throughout the 19th century. The law transformed criminal procedure law into an independent field and provided a systematic framework for adjudication.
The Law on the Procedures of Criminal Proceedings (Usûl-i Muhâkemât-ı Cezâiyye Kanun-ı Muvakkati), prepared by the Ottoman State in 1879 and brought into effect, was the first systematic and comprehensive law regulating criminal procedure law in Türkiye. Its drafting was a direct outcome of the legislative movement initiated by the Tanzimat reforms.
In the second half of the 19th century, legal reforms in the Ottoman State revealed not only the need for adjustments to the substantive aspects of criminal law but also the necessity for a clear and systematic regulation of procedural matters. Consequently, the preparation of an independent law defining criminal procedure became imperative. In accordance with this need, the Law on the Procedures of Criminal Proceedings (Usûl-i Muhâkemât-ı Cezâiyye Kanun-ı Muvakkati) entered into force on 25 June 1879 (5 Receb 1296).
During its drafting, the French Criminal Procedure Law of 1808 served as the primary reference, and this text was adapted to Ottoman practices. Rather than directly copying the French model, the law was constructed through a selective process of transfer and adaptation. Comparative studies and translation activities concerning the French law were conducted by Ottoman jurists. These comparative analyses and annotated texts were published by jurists such as Yorgaki, Kevakibîzade Abdülhalik Mithat, and Ali Şahbaz Efendi at various dates.
Institutions that played an active role in the adoption and implementation of the law included legal councils succeeding the Meclis-i Vâlâ-yı Ahkâm-ı Adliye and the Meclis-i Âlî-i Tanzimat, as well as the Şûrâ-yı Devlet. The legislative process was shaped not only by internal legal dynamics but also by the influence of European legal systems. This situation led to the secularization of criminal procedure, removing it from its traditional religious foundations.
The term “muvakkati” in the law’s official title suggests a temporary nature. However, this perception does not correspond to its actual duration. The 1879 Law on the Procedures of Criminal Proceedings remained in force for approximately fifty years and was only repealed when Law No. 1412 on the Procedures of Criminal Proceedings entered into force in 1929.
With the adoption of the law, the Ottoman criminal procedure system for the first time established the institutional foundations of prosecution, investigative judges, criminal courts and legal remedies, and their functions and jurisdictions were legally defined.
The Law on the Procedures of Criminal Proceedings (Usûl-i Muhâkemât-ı Cezâiyye Kanun-ı Muvakkati) is a systematic criminal procedure law prepared in accordance with modern legislative techniques. Drafted on the basis of the French Criminal Procedure Law of 1808, it possesses a comprehensive structure divided into clear sections, in contrast to the fragmented and disjointed regulations used during the classical Ottoman period.
The law consists of two main books (bâb) following an introductory section (mukaddime), organized according to the stages of the criminal procedure:
This book regulates the initial stages of criminal proceedings, including the discovery of a crime, preliminary investigation and referral for prosecution. It contains rules serving a preparatory function for the trial and defines the duties and powers of prosecutors, investigative judges and law enforcement authorities.
The second book covers the prosecution stage. It regulates the functions of courts, trial procedures, the rendering of judgments and the use of legal remedies (appeal, objection, etc.). It also includes provisions on trial in absentia and the publication of judgment summaries.
The law filled procedural gaps by systematically regulating each stage of the trial process. Procedures such as the apprehension, interrogation and detention of suspects, the collection of evidence, the defense before the court, the rendering of judgments and the finalization of sentences were clearly defined. In this respect, the law possesses the character of a general and comprehensive legal framework covering all phases of criminal adjudication.
Furthermore, Article 378 of the law contains a special provision regarding fugitive defendants (müttehem-i gâib). According to this provision, judgments rendered against such individuals must be sent to local courts within eight days and published in the official gazette of the province where the defendant last resided. This regulation anticipates that judgments must be publicly announced, not only to the court but also to the general public. Examples of this practice can be observed in the archives of the Karesi Gazette (1886–1888).
The law also resembles modern European statutes not only in its content but also in its drafting technique. Provisions are arranged in a logical sequence, and similar procedures are grouped under common headings. This facilitates access to and application of the legal provisions by jurists and practitioners.
The Law on the Procedures of Criminal Proceedings of 1879 introduced significant innovations to Ottoman criminal procedure law by systematically regulating fundamental institutions and practices. These innovations can be grouped under the following headings: the separation of investigation and prosecution stages, the establishment of institutions such as prosecution and investigative judges, and the clear regulation of legal remedies.
With this law, the institution of prosecution (müddeî-i umûmî) was formally introduced into the Ottoman criminal justice system. The prosecution was defined as an authority responsible for investigating and prosecuting crimes on behalf of the public and assumed an active role in maintaining public order. Prosecutors were tasked with initiating cases, gathering evidence and referring suspects to court.
The law introduced the institution of investigative judges as a neutral judicial authority responsible for conducting investigations without rendering judgments. This institution was empowered to issue decisions on measures such as detention, search and seizure, aiming to safeguard the principle of fair trial during the investigation process.
Legal remedies enabling the review of decisions made during criminal proceedings—such as appeal and objection—were clearly regulated by this law. The procedure for higher courts to supervise decisions strengthened legal safeguards. This marked the first time the Ottoman legal system acquired a systematic and institutionalized mechanism of oversight.
The law accepted the principle of gender equality before the law and made no distinction between men and women in criminal procedure. This represented a novel approach in the history of Ottoman criminal adjudication. Women could participate in criminal proceedings as either defendants or victims with the same legal status as men.
The law detailed the types and jurisdictions of criminal courts. In this context, Bidâyet (first instance) and Temyiz (appellate) courts were functionally established, and the authority and responsibilities of criminal divisions were defined. Additionally, procedural rules governing court proceedings were shaped by this law.
Article 378 of the law regulated the procedure for trial in absentia concerning fugitive defendants. According to this provision, summaries of judgments rendered in such cases had to be delivered to relevant authorities within eight days and published in the official gazette of the province where the defendant last resided. Examples of this practice are frequently found in the Karesi Gazette (1886–1888).
After its entry into force in 1879, the Law on the Procedures of Criminal Proceedings (Usûl-i Muhâkemât-ı Cezâiyye Kanun-ı Muvakkati) established the fundamental procedural rules for criminal adjudication, which were subsequently implemented by enforcement authorities. The law was particularly effectively applied within the Nizamiye courts; institutions such as prosecution, investigative judges and appeal processes were implemented across many regions, including the provinces.
Article 378 of the law became one of the most notable provisions in practice. According to this article, summaries of judgments against fugitive defendants (müttehem-i gâib) had to be delivered to relevant authorities within eight days and published in the official gazette of the province where the defendant last resided. Under this provision, court decisions were recognized not merely as judicial documents but also as official public announcements.
Examples of this practice are frequently found in the Karesi Gazette, published in Balıkesir between 1886 and 1888. Criminal cases published in the gazette were announced under headings such as “İlânât,” “From the Deputy Public Prosecutor of the Provincial Center,” and “From the Criminal Division of the First Instance Court.” These announcements included summonses for fugitive defendants, notices of trial in absentia, and the publication of sentencing decisions.
Data from the Karesi First Instance Court Criminal Division provide significant evidence of the law’s effectiveness in the provinces. According to information published in the gazette, a total of 1,597 criminal cases were initiated at this court between 1886 and 1887 alone, of which 1,180 were concluded. These figures demonstrate that the criminal procedure law was applied not only in major centers but also at the provincial level.
In the criminal cases published in the Karesi Gazette, the most common offenses included murder, assault, rape, theft, embezzlement, bribery and forgery. Penalties imposed for these offenses varied according to the nature of the crime: capital punishment, hard labor, deprivation of civil rights and asset seizure for murder cases; imprisonment and fines for lesser offenses.
The Karesi Gazette, published in Balıkesir between 1886 and 1888, was the first official provincial gazette. During this period, it was issued weekly as a single-page publication, producing a total of 105 issues between 17 March 1886 (5 March 302) and 11 April 1888 (30 March 304). Its publication coincided with the period when Karesi held provincial status; publication ceased in 1888 when the region was downgraded to a district and incorporated into Hüdavendigâr Province.
The Karesi Gazette served as a medium for publishing judicial notices under Article 378 of the Law on the Procedures of Criminal Proceedings of 1879. This article mandated the public announcement of judgment summaries against fugitive defendants through provincial gazettes. Thus, the gazette functioned not merely as a news medium but also as an official channel for judicial notifications.
Judicial notifications related to criminal procedure were primarily published under the following headings:
Announcements under these headings included prosecutorial indictments, court minutes, summonses for trial in absentia and the publication of judgments.
According to data in the gazette, a total of 1,597 criminal cases were initiated at the Karesi First Instance Court Criminal Division in 1886 (302) and 1887 (303), of which 1,180 were concluded. These cases covered offenses classified as misdemeanors, lesser felonies and murders, and were adjudicated at various levels, including appeals.
The main types of offenses mentioned in the published criminal cases were:
Penalties imposed for these offenses varied according to the nature of the crime:
In announcements regarding fugitive defendants, individuals were summoned to appear in court under the provisions of the 1879 Criminal Procedure Law, with warnings that failure to appear would result in a judgment rendered in absentia. These announcements also included arrest warrants issued by the Hüdavendigâr Provincial Public Prosecutor’s Office.
The Law on the Procedures of Criminal Proceedings (Usûl-i Muhâkemât-ı Cezâiyye Kanun-ı Muvakkati) occupies a pivotal position in the Ottoman criminal law tradition, introducing a modern, systematic and secular criminal procedure system distinct from the classical era’s religious and customary practices.
For a long time, Ottoman criminal law was based on religious (şer‘î) and customary (örfî) legal sources. Şer‘î criminal law consisted of punishments derived from Islamic law—hudud, qisas and ta‘zir. Örfî law referred to regulations imposed by the sultan through state policy and generally encompassed penalties aimed at maintaining public order. These two systems were used complementarily.
The modernization process initiated by the Tanzimat Edict also affected criminal law, bringing legal reforms inspired by Western European systems to the forefront. In this context, penal codes were adopted in 1840, 1851 and 1858; however, these texts regulated only substantive criminal law. There was no detailed legal framework governing how criminal trials should be conducted.
This gap was addressed by the Law on the Procedures of Criminal Proceedings of 1879, which, for the first time in Ottoman criminal law history, regulated procedural law independently and systematically, separate from substantive law. Criminal procedure proceedings now began to be conducted based on modern, law-based procedures rather than fiqh-based rules.
The law was primarily applied within the Nizamiye courts, which were new judicial institutions organized according to Western legal systems and distinct from religious courts. The application of this law in Nizamiye courts served as the primary norm for administering criminal justice and played a role in strengthening the central structure of the state.
Moreover, the fact that the law was drafted based on the French Criminal Procedure Law exemplifies the reception of Western legal norms in the Ottoman legal system. However, this reception was not a direct translation but an adaptation tailored to the social, political and administrative structure of the Ottoman context.
The Law on the Procedures of Criminal Proceedings (Usûl-i Muhâkemât-ı Cezâiyye Kanun-ı Muvakkati), which entered into force in 1879, remained in effect for approximately fifty years, covering not only the Ottoman period but also the early years of the Republic of Türkiye.
After the proclamation of the Republic, like many laws enacted during the Ottoman period, the Law on the Procedures of Criminal Proceedings remained in force. During the 1920s, as efforts were made to establish a new legal order, the restructuring of criminal procedure law became a priority, and the goal was to draft a new legal framework aligned with the principles and institutions of the Republic to replace the Ottoman-era procedural law.
As a result, Law No. 1412 on the Procedures of Criminal Proceedings was adopted on 4 April 1929 and entered into force on 1 July 1929. With this law, the 1879 Law on the Procedures of Criminal Proceedings was repealed.
The new Law No. 1412 was systematically inspired by modern Western law, particularly the German Criminal Procedure Code. Under the new framework, the stages of investigation and prosecution were more detailed, and safeguards in criminal procedure, such as the right to defense and legal remedies, were strengthened. Thus, a structural and substantive transformation was achieved in the criminal adjudication system inherited from the Ottoman period.
Nevertheless, some fundamental principles and structures introduced by the 1879 law continued in the Republican period. Institutions such as the prosecution, investigative judges and the appeal mechanism were retained in the new system.
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Criminal Law Reforms During the Tanzimat and Constitutional Periods
Drafting and Legislative Process of the Law
Structure, Systematics and Content of the Law
First Book
Second Book
Innovations Introduced to Criminal Procedure Law
The Prosecution Institution
Investigative Judges (Hâkim-i Tahkîk)
Legal Remedies
Gender Equality
Criminal Courts and Court Structure
Trial in Absentia and Judgment Publication
Implementation Process and Practical Effects of the Law
Criminal Procedure Practices in the Karesi Gazette (1886–1888)
Place of the Law in the Ottoman Criminal Law Tradition
Impacts on the Republican Period and Repeal