Serious criminal lawyers are lawyers who have extensive knowledge and experience in criminal law and criminal procedure law and are specialized in accusation and defense strategies. A criminal lawyer aims to ensure a fair trial by defending the rights of the person or persons accused of a crime in the court in serious criminal cases that fall within the jurisdiction of the criminal court, which are also numbered in the Turkish criminal code.
Serious criminal lawyers are lawyers who deal with serious criminal cases in general and who develop and specialize their knowledge and experience in this field over time. There is no branch as a criminal lawyer in the legislation. However, when our citizens are looking for a lawyer who provides quality service in serious criminal cases, who has become a professional in his job, who has extensive knowledge and experience in the field of criminal law, he named him as a serious criminal lawyer.
THE IMPORTANCE AND FUNCTION OF THE CRIMINAL LAWYER IN CRIMINAL PROCEEDINGS IN TURKISH LAW
In the Turkish legal system, individuals who are tried in serious criminal cases are generally individuals accused of serious crimes. Although serious criminal cases are cases that are heard by the heavy criminal courts, these courts can generally impose sentences of aggravated life imprisonment, life imprisonment or imprisonment with an upper limit of more than 10 years.
In serious criminal proceedings, the prosecutor prepares an indictment due to suspicion of a crime and submits it to the court, and if the court accepts the indictment, the investigation begins with the opening of the investigation. Since the period from the start of the investigation to the finalization of the verdict will often be a long and severe trial resulting in severe penalties, it is absolutely essential to have a defense lawyer who manages this process in the best way and will protect the client’s rights by ensuring a fair trial and obtain results in favor of the client.
A criminal lawyer gathers evidence, prepares witnesses and prepares to present an effective defense strategy. He or she works hard to get the charges against his or her client dismissed or reduced. In addition, by informing the client about the court process and every positive or negative situation that may occur, the lawyer ensures that he/she maintains his/her calm and prevents him/her from taking any action or behavior that will negatively affect the trial.
IN WHICH COURTS CRIMINAL CASESARE HEARD IN TURKISH LAW
In the Turkish legal system, the courts in criminal proceedings are divided into 3 divisions as Criminal Court of Peace, Criminal Court of First Instance and High Criminal Court. In criminal proceedings, the decisions that must be made by the court at the prosecution investigation stage are made by the Criminal Court of Peace.
In criminal proceedings, criminal courts of first instance are responsible for handling cases and affairs that do not fall within the jurisdiction of heavy criminal courts and that require a penalty of 10 years or less. Criminal courts of first instance are the most basic and most intensive courts in criminal proceedings.
In determining the duties of the courts, the upper limit of the penalty of the offense in the law shall be taken into consideration without considering aggravating or mitigating circumstances (Article 14 of Law No. 5235)
DUTIES OF THE CRIMINAL COURT OF PEACE IN TURKISH LAW
According to Article 10 of the Law No. 5235, it is the duty of the criminal judge of peace to take the decisions required to be made by the judge in the investigations carried out, to carry out the works and to examine the objections made against them, without prejudice to the cases where the laws are separately assigned.
The duties of the criminal judge of peace listed in the criminal procedure law No. 5271;
- Procedures on judicial control decision
- Appeal against the decision on non-prosecution
- Decision to place under observation
- Arrest warrant
- Appeal against detention order
- Appeal against arrest warrant
- Decision on internal body examination and taking a sample from the body pursuant to Article 75 of the Code of Criminal Procedure
- Molecular genetic examination decision
- Detention review every 30 days during the investigation phase
- Judicial search warrant
- Confiscation order
The criminal judgeship of peace shall be staffed by a chief clerk and a sufficient number of personnel. More than one criminal judgeship of peace may be established where the work situation requires.
APPEAL AGAINST THE DECISION OF THE CRIMINAL COURT OF PEACE IN TURKISH LAW
Unless there is a separate provision in the law, the objection to the criminal judge of peace shall be made within seven days from the date of the decision of the relevant persons, either with a petition of objection to be submitted to the criminal judge of peace who issued the decision or by making a statement of objection to the clerk of the minutes and recording it in the minutes. Upon the objection, if the court finds the objection justified, it shall correct the decision. However, if it does not find the objection justified, it shall send the decision to the competent authority to review the objection within maximum three days. If there is more than one criminal judgeship of peace in the relevant jurisdiction, the authority that will examine the objection is the criminal judgeship of peace that follows it in number.
DUTY AND STRUCTURE OF THE PRIMARY CRIMINAL COURT IN TURKISH LAW
Criminal courts of first instance are the most basic and most intensive courts in criminal proceedings. Criminal courts of first instance hear crimes and cases that do not fall within the jurisdiction of the heavy criminal court and for which the upper limit of punishment is 10 years or less, as well as judicial fines.
Criminal courts of first instance are courts with a single judge and a public prosecutor in the prosecution office. Many provinces and districts in Turkey have more than one criminal court of first instance. For crimes falling within the jurisdiction of the criminal court of first instance, the maximum period of detention is 1 year, but this period can be extended by 6 months by showing justification when deemed necessary.
WHICH CASES ARE HEARD BY THE CRIMINAL COURT OF FIRST INSTANCE IN TURKISH LAW?
Crimes that fall within the jurisdiction of the criminal court of first instance and are listed in the Turkish penal code:
- Tax evasion offenses,
- The crime of bid rigging,
- The offense of facilitating the use of drugs,
- The crime of intentional infliction of bodily harm,
- Criminal negligent homicide,
- Sexual harassment offense,
- Offense of sexual intercourse with a minor,
- Threat crime
- The crime of blackmail,
- The crime of deprivation of liberty,
- Violation of the inviolability of the dwelling,
- The offense of disturbing the peace and tranquility of persons,
- Offense of stalking.
- Offense of insult
- Violation of the right to privacy
- The offense of recording personal data,
- Theft offense
- Criminal damage to property,
- The crime of abuse of trust,
- Simple fraud offense
- The offense of possession of lost or mislaid property,
- The crime of unrequited benefit,
- The offense of purchase or acceptance of criminal property,
- The offense of releasing an animal in a dangerous manner,
- The offense of endangering traffic safety,
- Offense of intentional and negligent pollution of the environment,
- Offense of causing noise,
- The offense of causing zoning pollution,
- The offense of trafficking in spoiled or adulterated food or medicines,
- Offense of use or possession of narcotic drugs,
- The crime of unlawful burial of the dead,
- Forgery of money
- The crime of breaking a seal,
- The offense of corrupting, destroying or concealing an official document,
- The offense of making false statements in the preparation of an official document,
- Forgery of a private document,
- The offense of tampering with, destroying or concealing a private document,
- Offense of misuse of a signature,
- The crime of threatening to create fear and panic among the public,
- Incitement to commit a crime,
- The crime of praising crime and criminals,
- The offense of inciting or insulting the public to hatred and hostility,
- Incitement to disobey the law,
- Offense of abuse of religious services in the line of duty,
- Crimes of indecent acts and obscenity,
- Offense of prostitution,
- The offense of providing a place and opportunity for gambling,
- Offense of begging
- The offense of ill-treatment of co-residents in the same dwelling,
- Offense of breach of family law obligation,
- The crime of abduction and detention of a child,
- The offense of unlawful access to the information system
- Offense of obstructing, disrupting, destroying or altering the information system,
- Offense of misuse of debit or credit cards,
- The crime of abuse of office,
- The crime of resisting to prevent the execution of a duty,
- The crime of defamation,
- Offense of using the identity or credentials of another person,
- The crime of accessory after the fact,
- Crime of fabricating a crime
APPEAL AND APPEAL AGAINST THE DECISION OF THE PRIMARY CRIMINAL COURT IN TURKISH LAW
The legal remedy of appeal is a remedy that can be applied against some interim decisions of the criminal courts of first instance that do not conclude the case (such as arrest, seizure).
Appeal is a second instance remedy in criminal law. It is possible to appeal against all decisions of the criminal court of first instance. In addition, with a decision of the Constitutional Court in 2024, it is now possible to apply to the legal remedy of appeal against the decision of the criminal court of first instance to defer the announcement of the verdict at the end of the trial.
The period of appeal and objection against the decisions of the criminal court of first instance is two weeks from the notification of the decision. If the verdict was read in the absence of the person, this period starts from the notification of the verdict. The application for appeal and objection can be made by submitting a petition to the court that issued the decision or by making a statement to the minutes clerk, provided that it is recorded in the minutes.
- Some decisions of the criminal court of first instance are subject to appeal. These decisions are final judgments. These decisions are
- 15.000 TL and judicial fines below this amount,
- “Acquittals” for offenses punishable by a judicial fine not exceeding 500 days,
- Provisions written in special laws that are final.
STRUCTURE OF THE HEAVY CRIMINAL COURT IN TURKISH LAW
Assize courts are the courts that deal with the most serious crimes in terms of the amount of punishment listed in the Turkish Penal Code in the first instance criminal proceedings.
Assize courts are courts with a presiding judge and two judges serving as a panel. Sentences may be rendered unanimously or by majority vote. Hearings are held with the participation of one or more public prosecutors.
CASES IN WHICH THE HEAVY CRIMINAL COURT HAS JURISDICTION IN TURKISH LAW
The crimes that fall within the jurisdiction of the High Criminal Court are explicitly listed in the Turkish Criminal Code. According to the Turkish Penal Code No. 5237, these crimes are
- The crime of plunder (TPC Art. 148-149)
- Voluntary manslaughter (Art. 81-82 TPC)
- Intentional killing due to its consequences (Art. 87/4 TPC)
- Causing death by negligence (TPC Art. 85/2)
- The crime of extortion (TPC Art. 250/1-2)
- Embezzlement offense (Article 247 of the TPC)
- Bribery offense (Art. 252 TPC)
- Forgery of an official document (Article 204/2 of the TPC)
- Qualified fraud (Art. 158 TPC)
- Fraudulent bankruptcy offense (Art. 161 TPC)
- All crimes with a maximum sentence of more than 10 years (This does not mean that every sentence will be at least 10 years. Sometimes a sentence of 6 months may be imposed, sometimes it may be decided not to impose a sentence. The nature of the crime, the way it was committed and the evidence determine the sentence).
- Sexual assault, rape and child abuse
Apart from these crimes, there are some other crimes for which the heavy criminal courts have jurisdiction. These crimes
- Disrupting the unity of the state and the integrity of the country,
- Offenses against the constitutional order,
- Assassination and actual assault on the President,
- Provision of weapons,
- Offenses against national defense,
- Offenses related to state secrets and espionage,
- Offenses of a political nature within the scope of the fight against terrorism.
The duty of the heavy criminal court starts at the prosecution stage, but it can restrict the freedom of the person under suspicion of a crime for the purpose of precautionary measures at the investigation stage. The protection measures listed in the Code of Criminal Procedure are as follows:
- Arrest and detention,
- Search and seizure,
- Arrest
- Telephone and ambient surveillance.
APPEAL AGAINST THE DECISION OF THE HEAVY CRIMINAL COURT IN TURKISH LAW
If it is considered that the decision of the heavy penal court is not in accordance with the law, a legal remedy can be filed against these decisions. An objection may also be filed against interim decisions such as arrest, seizure and detention issued by the court. The objection shall be made by submitting a petition to the authority that issued the decision or by making a statement to the minutes clerk, provided that it is recorded in the minutes, within seven days from the day the relevant persons learn about the decision .
According to the articles regulated in the Code of Criminal Procedure on the application for legal remedy,
Article 260: Legal remedies against the decisions of the judge and the court shall be open to the public prosecutor, the suspect, the accused and those who have received the title of participant according to this Law, as well as those whose request for participation has not been decided, has been rejected or who have been damaged by the crime in such a way that they can receive the title of participant.
Article 261: Lawyers may seek legal remedies, provided that such remedies are not contrary to the express wishes of the persons for whom they act as defender or attorney.
Article 262: The legal representative of the suspect or the accused and his or her spouse may apply on their own within the time limit to the legal remedies open to the suspect or the accused. The provisions relating to the application of the suspect or the accused shall also apply to the application and subsequent proceedings by them.
Article 263 (1): A detained suspect or defendant may apply for legal remedies by making a statement to the clerk of the minutes or to the director of the penal execution institution or detention center where he is detained, or by submitting a petition to this effect.
(2) If the judge or court whose decision is challenged considers the challenge to be justified, it shall correct its decision; if not, it shall send it to the authority authorized to examine the challenge within a maximum of three days.
DETENTION PERIOD IN THE HEAVY CRIMINAL COURT IN TURKISH LAW
The duration of detention is clearly stated in Article 102 of the Code of Criminal Procedure.
(2) In cases falling under the jurisdiction of a heavy criminal court, the maximum period of detention shall be two years. In cases of necessity, this period may be extended with justification; the extension period may not exceed a total of three years, and may not exceed five years for the crimes defined in Chapter Four, Five, Six and Seven of Part Four of Part Four of Book Two of Part Four of the Turkish Penal Code No. 5237 and for the crimes falling within the scope of the Anti-Terror Law No. 3713 dated 12/4/1991.
(3) The extension decisions provided for in this Article shall be made after the opinions of the public prosecutor, the suspect or accused and the defense counsel have been taken.
DUTY AND JURISDICTION IN CRIMINAL PROCEEDINGS UNDER TURKISH LAW
In criminal cases, as a rule, the jurisdiction to hear the case belongs to the court where the crime was committed. Also according to the criminal procedure law
Article 12/2 : In the case of an attempt, the court of the place where the last act of execution was committed, in the case of continuous offenses, the court of the place where the interruption occurred and in the case of chain offenses, the court of the place where the last offense was committed shall have jurisdiction.
Article 12/3: If the offense is committed with a printed work published in the country, the court of the place where the work is published shall have jurisdiction. However, if the same work is published in more than one place, the court of the place where the work is published shall also have jurisdiction for this crime, if the crime occurred in an edition of the work outside the center of publication.
Article 12/4: In the crime of defamation, the investigation and prosecution of which is subject to complaint, if the work is distributed in the place of residence or residence of the victim, the court of that place is also competent. If the victim is under arrest or convicted outside the place where the offense was committed, the court of that place shall also have jurisdiction
ANTALYA HEAVY CRIMINAL LAWYER – HEAVY CRIMINAL CASE
Of course, the choice of lawyer is of great importance in serious criminal proceedings. These cases have serious consequences in terms of crimes and penalties. It is not easy to find a reliable lawyer who specializes in his profession and especially in this field and does his job meticulously.
In our law office in Antalya, we are always at the service of our citizens with our competent lawyer staff specialized in this field with experience and experience. You can contact us from the contact section on our website to get information or get service by contacting us.
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