…Ceza Hukuku Departmanı
We provide legal consultancy and litigation services concerning the common criminal proceedings within the border of Turkey. Under the leadership of our expert criminal lawyers, we provide counselling to victims, suspects, or defendants during criminal proceedings at Assize Courts, Criminal Judgeships of Peace, and First Instance Courts. Our criminal lawyers are especially specialized in the field of criminal law and provide legal support to their clients in order to obtain the most effective and successful outcomes within the scope of the right to a fair trial in the criminal trial phase. Here are some of the services we offer in this field:
Effective Solutions in Criminal Law
Criminal judgment consists of three main elements; claim, defense and trial. The right to defense means that the person charged with a crime does not commit the crime in question, that is, he is innocent, the act of legitimate defense, obligation, etc. that it is committed for reasons, that it deserves less punishment although it is committed, or that it should not be punished in the presence of personal impunity, before the judicial authorities.
First of all, in terms of the crime attributed to the person, four elements are examined primarily in order to determine the existence of the crime. The first is whether the crime is in accordance with the definition in the law, the second is the material element, the third is unlawfulness and finally the moral element, in other words, caste or negligence. If one of these elements is missing, then the existence of a crime and therefore a penalty cannot be mentioned.
In cases where the existence of a crime is in question, this time, if the defendant does not receive penalty in the presence of reasons for compliance with the law, or if the reasons that reduce the penalty are unjust provocation, for example, it will be subject to punishment with less penalty.
Due to the complex structure of the criminal law and the theoretical infrastructure of the principles that dominate the criminal law or the violation of the Criminal Procedure Code, it is not possible for individuals who are not familiar with the criminal law to know all the judicial proceedings that will result in the violation of the principle of fair trial. Therefore, in all stages of the criminal proceedings of both the complainant or the injured, the suspect or the accused, in order not to be subjected to unlawful acts and decisions and to face irreversible consequences, an expert criminal attorney who has absolute judgment on the principles of the Turkish Criminal Code and Criminal Procedure Code. We believe that they should put forward their claims and defenses accompanied by
Our firm’s heavy criminal lawyer team has served as defense attorneys in numerous criminal trials, and they have experienced that the best solution and success is not impossible with their close dialogue with their clients, their knowledge-exchange, as well as their experience and knowledge of criminal law.
Heavy Penal Lawyer
The court in charge of investigating crimes regulated in accordance with Article 12 of Law No. 5235, together with crimes requiring aggravated life imprisonment, life imprisonment and more than ten years of imprisonment, is the heavy penal court. Heavy criminal lawyer, on the other hand, is a lawyer who is a judge in the investigation and prosecution stages of crimes that fall under the jurisdiction of the high criminal court and specialized both as a defendant attorney and as a victim attorney in severe criminal cases. As the crimes seen in the high criminal courts frequently cover the crimes defined as “catalog crimes” regulated in Article 100 of the Criminal Procedure Law No. 5271, arrest warrant is frequently encountered in practice. In terms of the Criminal Procedure Law, there is a difference between the crimes that fall under the jurisdiction of the high criminal courts and other criminal courts, and the detention period can be extended up to 3 years. The arrest warrant may be made in the presence of facts indicating the existence of a strong suspicion of guilt and the existence of a reason for arrest that constitutes the suspicion of escaping, destroying or changing evidence, putting pressure on the witness or victim.
Although in practice we are faced with arbitrary detention orders, the arrest warrant is essentially optional, even if the conditions of detention are met, it is optional, therefore it is a measure that should be applied only in compulsory situations. According to the 1st paragraph of Article 5 of the European Convention on Human Rights, it is not possible to make an arrest warrant except for the conditions of prevention of crime, escape and suspicion of committing a crime. Therefore, both at the prosecution stage and at the stage of the heavy criminal trial, it is possible to take a decision of release by ensuring that the judicial control institution foreseen in Article 109 of the Code of Criminal Procedure is enforced only if it is proved that the detention order is unlawful without entering into the basis of the trial, accompanied by an expert heavy criminal lawyer.
Criminal Lawyer in the Investigation Stage
Custody process, search of upper, property, residence, workplace, detection of communication, listening and recording, monitoring with technical means, police and prosecution statements, collection of defense evidence, diagnosis procedures, appointment of experts and many procedures that directly affect the outcome of the criminal proceedings. The process is carried out during the investigation phase. At the end of the criminal investigation, if the public prosecutor believes that the evidence collected by the public prosecutor constitutes sufficient suspicion that the crime has been committed, he can prepare an indictment requesting a public case, or terminate the investigation by deciding that there is no need for a prosecution. During the investigation phase, the importance of the criminal lawyer cannot be denied, especially when the police and prosecution take the statement of the suspect and the collection of evidence in favor of the suspect. In particular, expression is the suspect’s greatest means of defense and must be based on the free will of the suspect. In accordance with Article 38 of the Constitutional Law, no one can be compelled to make a statement or show evidence accusing him and his relatives. In practice, it is often seen that during the investigation phase, physical and mental interventions and prohibited expression methods restricting the free will of the suspect are used. The investigation phase must be carried out in the presence of a criminal lawyer in order to prevent the aforementioned unlawfulness and to ensure the right of the suspect to be fairly prosecuted.