Criminal Law

Criminal Law is the branch of law that deals with acts defined as crimes, primarily in the Turkish Penal Code and special criminal statutes, and the penalties to be applied to these crimes. Criminal cases involve an investigation phase conducted by Public Prosecutors, followed by the prosecution phase initiated by the filing of an indictment, and subsequent appeal phases after a court decision.

According to the fundamental principle of criminal procedure law, upon learning of a suspected crime, investigation procedures are initiated by the competent Chief Public Prosecutor's Office at the place where the crime was committed, within the framework of the Turkish Penal Code and relevant criminal legislation. The investigation phase constitutes the initial stage of criminal proceedings, aiming to gather all evidence, both in favor of and against the suspect, to ascertain the material truth. During this process, the Public Prosecutor takes witness statements, orders expert examinations, and conducts on-site inspections and identification procedures when necessary. These investigation procedures conducted by the Prosecutor's Office must be carried out within the procedural rules stipulated by the Code of Criminal Procedure (CCP).

Based on the evidence obtained during the investigation, if the Public Prosecutor concludes that there is sufficient suspicion to file a public prosecution, an indictment is prepared and submitted to the relevant court. This indictment is presented to the Criminal Court of First Instance or, depending on the nature of the crime, to the High Criminal Court. Unless the court decides to return the indictment, the public prosecution is deemed to have been filed, and the prosecution (trial) phase commences. In this process, the parties to the criminal proceedings, namely the complainant and the suspect (and the defendant, if a public prosecution has been filed), have the right to present evidence, call witnesses, and make procedural requests according to their legal status.

For the complainant, it is crucial for the healthy progression of the criminal case that all information and documents regarding the incident are fully submitted to the file and that a proper legal characterization is made. In this context, the complainant can intervene in the case by requesting to join the public prosecution; upon acquiring the status of an intervenor, they also gain the right to file intermediate and final appeals against the judgment. For the defendant, acquittal may be requested if there is insufficient and unconvincing evidence that the alleged crime was committed. Even if the court holds a contrary opinion, all legal grounds for reduction in favor of the perpetrator, discretionary mitigating circumstances, and requests for individualization of the sentence should be put forward.

During the investigation phase, one of the most sensitive stages of the criminal procedure, the effective exercise of the right to defense by the person being processed as a suspect during their statement before law enforcement and the prosecutor's office is of vital importance. At this stage, the presence of a lawyer as defense counsel (criminal lawyer) can directly affect the course of the investigation and the rights of the suspect. Similarly, objections made by the complainant against decisions of non-prosecution (No Grounds for Prosecution) issued at the end of the investigation may allow for a re-evaluation of the criminal investigation. Likewise, objections against protective measures such as detention and judicial control directly concern the fundamental rights and freedoms of the individual.

In this framework, during criminal investigations and prosecutions, many procedures must be carried out in accordance with the rules of criminal procedure, such as preparing complaint petitions, being present as defense counsel or attorney during statement-taking, filing objections to detention, seizure, and judicial control decisions before the Criminal Judgeships of Peace, providing defense and representation services before the Criminal Courts of First Instance and High Criminal Courts, preparing requests for postponement of execution of sentence, and conducting visits to detainees/convicts in prison. Adherence to procedural provisions in all these processes is of great importance for preventing rights violations and ensuring the right to a fair trial.

Legal Services Offered in the Context of Criminal Law