Criminal Law, Ankara

Criminal law is a fundamental area of law that directly affects individuals' freedom and reputation. During criminal proceedings, pursuing legal steps through defense counsel is a legal right aimed at preventing the loss of rights, ensuring the effective exercise of the right to defense, and upholding the right to a fair trial.

Criminal proceedings are a legal process that directly affects individuals' fundamental rights and freedoms. Protecting the legal rights of persons who take part as a suspect, defendant, victim, or complainant during the investigation and prosecution stages, and ensuring the process is conducted in accordance with the law, is of great importance. Under the Turkish legal system, criminal proceedings are governed by strict procedural and substantive rules, and the effective exercise of legal rights forms the foundation of a fair trial.

Legal Representation and Defense Counsel in Criminal Proceedings

• Legal Oversight: Reviewing the investigation file and monitoring the lawfulness of evidence-gathering procedures.
• Statement and Interrogation Proceedings: Legal assistance during statement-taking and interrogation proceedings conducted before law enforcement, the prosecutor's office, and the court.
• Pursuing Legal Remedies: Properly pursuing ordinary and extraordinary legal remedies, such as objection, appeal, and cassation, within the statutory time limits.
• Right to a Fair Trial: Ensuring the effective exercise of the right to defense and monitoring each stage of the proceedings.

Common Types of Offenses in Turkish Criminal Law

Offenses Against Persons

• Intentional or Negligent Injury
• Threats and Insults
• Intentional or Negligent Homicide

Offenses Against Property

• Theft
• Fraud and Aggravated Fraud
• Damage to Property
• Robbery (Extortion by Force)

Offenses Against Sexual Inviolability

• Sexual Assault and Sexual Harassment
• Sexual Abuse of Children
• Sexual Intercourse with a Minor

Drug-Related Offenses

• Use of Narcotic or Stimulant Substances
• Manufacturing and Trafficking of Narcotic or Stimulant Substances

Offenses Against Public Order and the State

• Bribery, Extortion, Embezzlement
• Forgery of Official Documents
• Bid Rigging
• Establishing an Organization for the Purpose of Committing Crimes

Jurisdiction and Procedure of Heavy Penal Courts

Heavy Penal Courts have jurisdiction over offenses carrying a statutory maximum prison sentence of more than ten years, as well as the catalog offenses explicitly listed in the Code of Criminal Procedure (CMK) and other laws. The main offenses within the jurisdiction of these courts include:

• Intentional Homicide (Turkish Penal Code Art. 81)
• Aggravated Robbery / Extortion (Turkish Penal Code Art. 149)
• Manufacturing and Trafficking of Narcotic or Stimulant Substances (Turkish Penal Code Art. 188)
• Embezzlement, Extortion, Bribery (Turkish Penal Code Art. 247, 250, 252)
• Aggravated Forgery of Official Documents (Turkish Penal Code Art. 204/2)
• Establishing or Being a Member of an Armed Organization (Turkish Penal Code Art. 314)
• Offenses Against the Security of the State and the Constitutional Order

How Do the Investigation and Prosecution Stages Work?

Criminal proceedings consist of two main stages: investigation and prosecution. The investigation stage begins when the relevant authorities learn of a suspected offense and is carried out by the public prosecutor's office. During this process, the suspect's statement is taken, witnesses are heard, evidence is gathered, and protective measures may be applied if deemed necessary.

If, at the conclusion of the investigation, the prosecutor's office concludes that there is insufficient suspicion, it may issue a decision of non-prosecution; otherwise, it files an indictment and initiates a public prosecution. Once the indictment is accepted by the court, the prosecution stage begins, and from this point on the person is considered a defendant. During the prosecution stage, hearings are held, evidence is discussed before the court, and at the conclusion of the trial the court reaches a verdict.

What Are Detention and Judicial Control Measures?

During criminal proceedings, protective measures may be applied to prevent a suspect or defendant from fleeing or tampering with evidence. Detention, the most severe of these measures, may only be applied when the statutory conditions are jointly met and a judge has issued a corresponding order.

Judicial control measures are also available as an alternative to detention. Obligations such as a travel ban, periodically reporting to the relevant authority, and not leaving one's place of residence fall within the scope of judicial control. An appeal is available against a detention order, and reviews regarding the continuation of detention are conducted ex officio at intervals set by law. Legal support during this process plays an important role in ensuring that the lawfulness of the measure is properly reviewed.

How Does the Mediation (Reconciliation) Process Work?

Under the Code of Criminal Procedure, certain types of offenses fall within the scope of mediation (uzlaştırma). Mediation is a process aimed at reaching an agreement between the suspect or defendant and the victim or injured party through an independent mediator. When an offense falling within the scope of mediation is involved, the file is first referred to the mediation bureau.

If the parties reach an agreement, no public prosecution is filed, or if one has already been filed, the prosecution is suspended and subsequently a decision of dismissal is issued; if no agreement is reached, the proceedings continue under the ordinary procedure. Obtaining legal support during the mediation process can be beneficial in ensuring the parties' rights are properly evaluated.

Is Hiring a Lawyer Mandatory in a Criminal Case?

As a general rule under Turkish law, representation by an attorney is not mandatory in criminal proceedings; a suspect or defendant may conduct their own defense. However, in certain cases specified by law — for example, offenses carrying a certain penalty, or where the individual is unable to defend themselves — mandatory defense counsel applies, in which case an attorney is appointed by the bar association.

Even in cases where mandatory defense counsel does not apply, proceeding with the assistance of defense counsel is advisable in order to fully exercise the right to defense and ensure procedural steps are followed within the applicable time limits.

How Long Do Criminal Proceedings Take?

The duration of criminal proceedings varies depending on many factors, including the nature of the offense, the complexity of the case file, the state of the evidence, the court's caseload, and whether legal remedies are pursued. While the investigation stage may be brief in some cases, it can extend over a long period in complex cases involving multiple defendants.

During the prosecution stage as well, the number of hearings and the evidence-gathering process directly affect the length of the proceedings. If legal remedies such as appeal or cassation are pursued, finalization of the process may take considerably longer. For this reason, it is not possible to predict an exact timeframe for every case, and the process must be evaluated according to the specific circumstances involved.

You may contact us for legal consultancy tailored to the specific questions and circumstances you encounter during criminal proceedings.