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Practice area

Criminal Law

Criminal law governs crimes and penalties and how criminal investigations and prosecutions are conducted. People who are under investigation or have been prosecuted, as well as people who have been harmed by a crime and wish to file a complaint, look for legal support in this area.

What we handle in this area

  • Investigation stage: Defense counsel during statements and interrogation, evidence and objection applications.
  • Prosecution stage: Defense of defendants in criminal cases.
  • Victim and complainant representation: Complaint petitions and joining the case.
  • Reconciliation: Conducting the reconciliation process for offenses listed in the law (Criminal Procedure Code, Art. 253).
  • Offenses concerning cheques and payment instruments: Offenses such as issuing a cheque without sufficient funds (Cheque Law No. 5941, Art. 5).
  • Appeals: Objection, appeal and cassation applications.

How does the process work?

1. Investigation. The public prosecutor’s office starts an investigation following a criminal report or complaint. The suspect can have the assistance of a defense counsel at every stage (Criminal Procedure Code, Art. 149). At the end of the investigation, a decision is made not to prosecute or to prepare an indictment.

2. Reconciliation. For offenses listed in the law, the parties can try to reach an agreement with a conciliator during the investigation or prosecution stage (Criminal Procedure Code, Art. 253).

3. Prosecution. The case is opened when the indictment is accepted; after the hearings, a conviction, an acquittal or, where the conditions are met, deferral of the announcement of the judgment is decided (Criminal Procedure Code, Art. 231).

4. Appeals. Judgments can be appealed (Criminal Procedure Code, Art. 272) and, where the conditions are met, taken to cassation. Because the time limits are short, it is important not to lose time when a decision is served.

Frequently asked questions

Is there a time limit for filing a complaint?

For offenses that can be investigated only upon complaint, the right to complain must be exercised within six months from the date the victim learns of the act and the identity of the offender (Turkish Penal Code, Art. 73).

What is deferral of the announcement of the judgment (HAGB)?

If the conditions in the law are met, the court may defer announcing the judgment it has reached and place the defendant under a five-year supervision period. If this period passes without a new intentional offense being committed, the judgment is dropped and the case is dismissed (Criminal Procedure Code, Art. 231).

Is it mandatory to have a lawyer?

As a rule it is not; however, appointing a defense counsel is mandatory for offenses whose lower limit of imprisonment exceeds five years and in other cases listed in the law (Criminal Procedure Code, Art. 150).

How can a decision be challenged?

Objection to judges' decisions (Criminal Procedure Code, Art. 267), appeal against judgments of first-instance courts (Art. 272) and, where the conditions are met, cassation are available.

Sources
  1. Turkish Penal Code No. 5237, Art. 73
  2. Criminal Procedure Code No. 5271, Arts. 149–150, 231, 253, 267, 272
  3. Cheque Law No. 5941, Art. 5
  4. Legislation (in Turkish): mevzuat.gov.tr

This page is for general information only and does not constitute legal advice or opinion. Last reviewed: .

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