Practice Areas
Criminal Law Advisory
Legal representation is provided at every stage of criminal investigation and prosecution, whether as suspect, defendant or victim.
Last updated: · Prepared by: Av. Barış Kaymaz
Criminal law comprises the Turkish Criminal Code No. 5237, which defines offenses and sanctions, and the Criminal Procedure Code No. 5271, which sets out the procedure for applying them. The investigation phase is led by the prosecutor's office, while the prosecution phase takes place before the courts.
At every stage, the proper exercise of the rights of the suspect, defendant or victim is decisive for a fair and lawful outcome, including effective defense and scrutiny of whether evidence was lawfully obtained.
Investigation Phase
The investigation phase begins once a suspected offence comes to light and is conducted by law enforcement under the public prosecutor's direction, potentially including protective measures such as taking the suspect's statement, detention, search and seizure under Articles 90 et seq. of the CMK. The suspect has the right to legal counsel before giving a statement and the right to remain silent, and at the end of the investigation the prosecutor either files an indictment, where sufficient suspicion exists, or issues a decision not to prosecute.
Pre-trial Detention and Other Protective Measures
Pre-trial detention, the most severe protective measure under Article 100 et seq. of the CMK, requires strong evidence of a crime and a ground for detention such as flight risk or risk of tampering with evidence, and detention orders can be appealed and are periodically reviewed by the court on its own motion. Judicial control is an alternative measure that may include obligations such as a travel ban, restrictions on movement, or regular reporting, and the lawfulness of measures like search and seizure can also be challenged by the defence.
Prosecution Phase and Trial
The trial phase begins once the court accepts the indictment, with hearings held, evidence examined before the court, and the defendant given the opportunity to respond to the evidence; the presumption of innocence is a fundamental principle throughout. The court may acquit, convict, discontinue the case, or decide that no penalty is warranted, and a conviction can be challenged through appeal and, where applicable, a further appeal to the Court of Cassation.
Reconciliation Procedure
For offences eligible for mediation, the parties may reach a settlement through a mediation bureau during the investigation or trial phase; if mediation succeeds, no public case is filed, or a pending case is discontinued. This alternative resolution mechanism allows the victim's harm to be remedied while relieving the offender of criminal liability under certain conditions.
Legal Remedies: Appeal and Cassation
First-instance court decisions can be reviewed by a regional court of appeal, and in cases provided for by law, further appealed to the Court of Cassation. The time limits for these remedies run from the pronouncement or notification of the decision, and missing them results in the appeal being rejected.
Services in This Area
- Representing suspects and defendants during statements and interrogation
- Representing victims and intervening parties
- Filing objections against detention and judicial control decisions
- Attending hearings and preparing defense strategy
- Managing the reconciliation (uzlaştırma) process
- Preparing appeal and cassation applications
- Advising on sentence enforcement matters