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Criminal Law

Criminal allegations, criminal responsibility, and investigation and trial proceedings.

ABOUT THIS FIELD

Criminal law determines which acts constitute offences, the conditions of criminal responsibility and the sanctions that may apply. Criminal procedure governs the process from the first report of a suspected offence through final judgment; the presumption of innocence and the right of defence are fundamental safeguards throughout. Enforcement forms a separate stage after the judgment becomes final.

The lawyer takes part in the proceedings as defence counsel for a suspect or defendant, and as representative for a victim, complainant or participating party. The procedural stage, the substance of the allegation, the evidence and any procedural measures imposed determine the scope of the defence or application.

PROCESS AND TIME LIMITS

Investigation stage

A suspect has the right to remain silent during questioning and may have the assistance of defence counsel at every stage. Police custody, excluding the time needed to bring the suspect before the nearest judge, is as a rule limited to twenty-four hours and may be extended for collective offences by written order of the public prosecutor (Code of Criminal Procedure, Art. 91).

Detention and judicial control

Detention on remand requires concrete evidence giving rise to strong suspicion and a ground for detention such as a risk of absconding or of interfering with evidence; under the principle of proportionality, judicial control is considered first. Detention and judicial control orders may be challenged within two weeks of the day the decision was learned.

Trial and appeals

The trial stage begins once the indictment is accepted; the defendant presents a defence at the hearing and may ask for the evidence to be discussed and witnesses to be heard. Appeals to the regional court of appeal and to the Court of Cassation are lodged within two weeks of service of the reasoned judgment.

Rights of the victim

A person harmed by an offence may file a complaint, join the public prosecution as an intervening party, request the collection of evidence and challenge a decision not to prosecute. For offences prosecuted on complaint, the complaint must be filed within six months of learning of the act and the perpetrator (Turkish Criminal Code, Art. 73).

FREQUENTLY ASKED QUESTIONS

Can a person summoned to give a statement bring a lawyer?

Yes. A suspect or accused may have the assistance of defence counsel at every stage of the investigation and prosecution (Code of Criminal Procedure, Art. 149); if unable to choose counsel, one is appointed on request. Counsel is appointed without a request for children, persons unable to defend themselves owing to disability, and in offences punishable by a minimum of more than five years' imprisonment (Art. 150).

Does withdrawing a complaint end the case?

In offences prosecuted only on complaint, the victim's withdrawal ends the case unless the law provides otherwise. Withdrawal does not affect an accused who does not accept it, and a withdrawal after the judgment becomes final does not prevent enforcement of the sentence (Turkish Criminal Code, Art. 73/4 and 6).

For which sentences can the pronouncement of the judgment be deferred?

The court may defer pronouncement where the sentence imposed is imprisonment of two years or less or a judicial fine and the other statutory conditions are met. The accused is placed under a five-year supervision period, and these decisions can be appealed to the regional court (Code of Criminal Procedure, Art. 231/5, 8 and 12).

When does the time limit for a complaint start?

In offences prosecuted on complaint, the person entitled to complain must do so within six months of learning of the act and the identity of the offender. For defamation prosecuted on complaint, the period may in no case exceed two years from the date of the act (Turkish Criminal Code, Art. 73/1–2).

Until when can a victim join the proceedings?

The victim and any person harmed by the offence may join the public prosecution as an intervening party at any stage of the first-instance proceedings until judgment, by declaring that they wish to complain. A request to intervene cannot be made at the appeal stage (Code of Criminal Procedure, Art. 237).

Are the relatives of a person taken into custody informed?

Yes. When a suspect is arrested, taken into custody or has custody extended, a relative or a person of his or her choice is informed without delay on the prosecutor's order. For foreign nationals, the consulate of their state is notified unless they object in writing (Code of Criminal Procedure, Art. 95).

DOCUMENTS

The following documents are usually used when a file in this field is reviewed:

  • Records of statements and questioning
  • Custody, search and seizure records
  • Notifications and the indictment
  • Detention, judicial control and objection decisions
  • Hearing records and the reasoned judgment
  • Any evidence such as camera footage, messages and witness details
SCOPE

Principal areas of work

  1. 01

    Defence of suspects and representation of victims and complainants during investigations

  2. 02

    Attendance at statements, judicial questioning and identification procedures

  3. 03

    Applications concerning custody, pre-trial detention and judicial-control measures

  4. 04

    Review of the lawfulness of search and seizure procedures

  5. 05

    Defence of accused persons and representation of participating parties during trial proceedings

  6. 06

    Assessment of the lawfulness of evidence, the material facts and the legal classification of the alleged offence

  7. 07

    Regional appellate review, cassation and requests concerning extraordinary remedies

  8. 08

    Applications to enforcement judges and conditional-release procedures

  9. 09

    Individual applications arising from criminal proceedings