A criminal lawyer is an attorney with extensive knowledge and experience in criminal law and criminal procedure law, specializing in accusation and defense strategies. The criminal lawyer aims to ensure a fair trial by defending the rights of individuals accused in serious criminal cases falling under the jurisdiction of heavy criminal courts, as enumerated in the Turkish Penal Code. In general terms, a criminal lawyer is someone who deals with serious criminal cases and gradually develops and specializes in this field. There is no specific branch in the legislation for criminal lawyers. However, when citizens search for a lawyer who provides quality service in serious criminal cases, they refer to them as a criminal lawyer.
THE IMPORTANCE AND FUNCTION OF THE CRIMINAL LAWYER IN TURKISH LAW
In the Turkish legal system, individuals prosecuted in heavy criminal cases are generally accused of serious crimes. Heavy criminal cases are those heard in heavy criminal courts, which typically have the authority to impose aggravated life sentences, life sentences, or prison sentences exceeding ten years.
In heavy criminal trials, the prosecutor prepares an indictment and submits it to the court due to suspicions of crime, and the trial begins once the court accepts the indictment. Since the period from the start of the investigation to the finalization of the judgment is usually long and often results in severe penalties, it is crucial to have a defense lawyer who can effectively manage this process and protect the rights of the client, ensuring a fair trial that yields favorable outcomes for the client.
The criminal lawyer gathers evidence in favor of the client during the trial process, prepares witnesses, and makes preparations to present an effective defense strategy. They work diligently to completely eliminate the accusations against their client or secure a reduction in penalties. Additionally, they keep the client informed about the court process and any potential positive or negative situations, helping the client maintain composure and preventing them from engaging in any behavior that might negatively impact the trial.
COURTS IN CRIMINAL CASES IN TURKISH LAW
In the Turkish legal system, criminal trials are divided into three categories: Peace Criminal Courts, Criminal Courts of First Instance, and Heavy Criminal Courts. In the criminal procedure, decisions that need to be made by the court during the prosecutor’s investigation phase are issued by the Peace Criminal Court.
Criminal Courts of First Instance are responsible for cases that do not fall under the jurisdiction of heavy criminal courts and involve crimes with penalties of ten years or less. These courts are the most fundamental and busiest in the criminal trial system. The determination of the courts’ jurisdiction considers the maximum penalty specified in the law for the crime, without regard to aggravating or mitigating factors (Law No. 5235, Art. 14).
DUTIES OF THE PEACE CRIMINAL COURT IN TURKISH LAW
According to Article 10 of Law No. 5235, unless specified otherwise, it is the duty of the Peace Criminal Court to make necessary decisions during investigations, conduct proceedings, and examine appeals made against them. The duties of the Peace Criminal Court, as stated in the Criminal Procedure Code No. 5271, include:
- Judicial control decision
- Objection to the decision of non-prosecution
- Observation decision
- Arrest warrant
- Objection to the detention order
- Objection to the arrest warrant
- Decision on internal body examination and sample collection according to Article 75 of the Criminal Procedure Code
- Molecular genetic examination decision
- Evaluation of detention every 30 days during the investigation phase
- Judicial search warrant
- Seizure order
There is a sufficient number of staff along with a chief clerk in the Peace Criminal Court. Multiple Peace Criminal Courts can be established where necessary
APPEALING TO THE PEACE CRIMINAL COURT IN TURKISH LAW
An appeal made to the Peace Criminal Court must be submitted within seven days from the date the relevant parties learned of the decision, via a petition to the court that issued the decision or by stating an objection to the court clerk, which will be recorded. If the court finds the appeal justified, it will correct its decision. However, if it does not find the appeal valid, it will send the decision to the appropriate authority for review within three days at the most. If there are multiple Peace Criminal Courts in the relevant jurisdiction, the court that will review the appeal is the next numbered Peace Criminal Court
DUTIES AND STRUCTURE OF THE CRIMINAL COURT OF FIRST INSTANCE IN TURKISH LAW
Criminal Courts of First Instance are the most fundamental and busy courts in criminal trials. They handle cases involving crimes with penalties of ten years or less, as well as administrative fines that do not fall under the jurisdiction of heavy criminal courts.
Criminal Courts of First Instance consist of a single judge and a public prosecutor representing the prosecution. There are multiple Criminal Courts of First Instance in many provinces and districts of Turkey. The detention period for crimes falling under the jurisdiction of the Criminal Court of First Instance is a maximum of one year, but in warranted cases, this period can be extended for an additional six months with justification
WHAT CASES DOES THE CRIMINAL COURT OF FIRST INSTANCE HANDLE IN TURKISH LAW?
The crimes falling under the jurisdiction of the Criminal Court of First Instance, as enumerated in the Turkish Penal Code, include:
- Tax evasion crimes
- Fraud in public procurement crimes
- Crimes facilitating drug use
- Intentional bodily injury crimes
- Negligent bodily injury crimes
- Sexual harassment crimes
- Sexual intercourse with a minor crimes
- Threat crimes
- Blackmail crimes
- Deprivation of liberty crimes
- Violation of residential privacy crimes
- Disturbance of peace and quiet crimes
- Stalking crimes
- Defamation crimes
- Violation of privacy of personal life crimes
- Recording personal data crimes
- Theft crimes
- Damage to property crimes
- Abuse of trust crimes
- Simple fraud crimes
- Crimes related to misappropriation of lost property or property obtained by mistake
- Crimes of unjust enrichment
- Crimes of buying or accepting stolen goods
- Crimes involving the release of animals in a dangerous manner
- Crimes endangering traffic safety
- Crimes of intentionally and negligently polluting the environment
- Noise offenses
- Environmental pollution offenses
- Crimes involving the trade of spoiled or altered food or drugs
- Crimes of drug use or possession
- Crimes of improper burial of corpses
- Crimes of counterfeiting money
- Crimes of breaking seals
- Crimes of falsifying, destroying, or concealing official documents
- Crimes of making false statements in the preparation of official documents
- Crimes of forgery in private documents
- Crimes of destroying, concealing, or falsifying private documents
- Crimes of misuse of an open signature
- Crimes of threats intended to create fear and panic among the public
- Crimes of inciting to commit crimes
- Crimes of praising crimes and criminals
- Crimes of inciting or humiliating the public
- Crimes of inciting noncompliance with the law
- Crimes of misusing religious services during duty
- Crimes of indecent acts and obscenity
- Prostitution crimes
- Crimes of providing places and opportunities for gambling
- Crimes of begging
- Crimes of mistreatment of persons living together in the same residence
OBJECTION AND APPEAL AGAINST THE DECISIONS OF THE COURT OF FIRST INSTANCE IN TURKISH LAW
The legal remedy of objection can be used against certain interim decisions of the Court of First Instance that do not conclude the case (such as decisions on detention or seizure).
An appeal is a second-tier legal remedy in criminal law. It is possible to appeal against all decisions made by the Court of First Instance. Additionally, following a 2024 Constitutional Court decision, it is now also possible to appeal against the decision of deferred announcement of the verdict issued by the Court of First Instance at the conclusion of the trial.
The period for filing an appeal or objection against the decisions of the Court of First Instance is two weeks from the notification of the decision. If the decision is announced in the absence of the individual, this period begins from the date of notification. Applications for appeal or objection can be made either by submitting a petition to the court that issued the decision or by making a statement to the court clerk, which will be recorded.
CERTAIN DECISIONS OF THE COURT OF FIRST INSTANCE THAT CANNOT BE APPEALED
In some cases, the appeal route is closed for decisions rendered by the Court of First Instance. These decisions are considered final and binding. Such decisions include:
- Judgments involving judicial fines of 15,000 TL or less,
- Acquittal decisions issued for offenses that require judicial fines with an upper limit not exceeding 500 days,
- Judgments explicitly stated as final in special laws
HIGH CRIMINAL COURTS IN TURKISH CRIMINAL LAW
High Criminal Courts are the courts of first instance responsible for handling the most severe crimes as defined by the Turkish Penal Code in terms of the severity of the penalties.
These courts operate as a panel consisting of one presiding judge and two member judges. Decisions can be made either unanimously or by majority vote. Trials are conducted with the participation of one or more public prosecutors.
CASES UNDER THE JURISDICTION OF HIGH CRIMINAL COURTS IN TURKISH LAW
The crimes under the jurisdiction of High Criminal Courts are explicitly listed in the Turkish Penal Code. According to Law No. 5237 of the Turkish Penal Code, these crimes include:
- Robbery (Articles 148-149 of the TPC)
- Intentional homicide (Articles 81-82 of the TPC)
- Intentional homicide resulting from a deliberate act (Article 87/4 of the TPC)
- Causing death by negligence (Article 85/2 of the TPC)
- Extortion (Articles 250/1-2 of the TPC)
- Embezzlement (Article 247 of the TPC)
- Bribery (Article 252 of the TPC)
- Forgery of official documents (Article 204/2 of the TPC)
- Aggravated fraud (Article 158 of the TPC)
- Fraudulent bankruptcy (Article 161 of the TPC)
- All crimes with a maximum penalty exceeding 10 years
(This does not mean that every sentence will be at least 10 years. In some cases, a sentence as short as six months may be imposed, or it may be decided that no punishment is necessary. The penalty is determined by the nature of the crime, the manner in which it was committed, and the evidence.) - Sexual assault, rape, and child abuse
OTHER CRIMES UNDER THE JURISDICTION OF HIGH CRIMINAL COURTS
In addition to the previously mentioned crimes, High Criminal Courts also have jurisdiction over certain other offenses, including:
- Undermining the unity of the state and the integrity of the country
- Crimes against the constitutional order
- Assassination or physical attack against the President
- Supplying weapons
- Crimes against national defense
- Crimes involving state secrets and espionage
- Political crimes within the scope of combating terrorism
THE JURISDICTION OF HIGH CRIMINAL COURTS IN THE INVESTIGATION AND PROSECUTION STAGES
The jurisdiction of High Criminal Courts begins during the prosecution stage; however, during the investigation stage, they can restrict the liberty of a suspect as a precautionary measure. The protective measures listed in the Code of Criminal Procedure include:
- Apprehension and detention,
- Search and seizure,
- Arrest,
- Wiretapping and environmental surveillance.
APPEALS AGAINST HIGH CRIMINAL COURT DECISIONS IN TURKISH LAW
If a decision rendered by the High Criminal Court is deemed unlawful, it is possible to seek a legal remedy against such decisions. Additionally, interlocutory decisions such as arrest, seizure, or detention can also be appealed. Appeals must be submitted within seven days from the date the concerned parties are informed of the decision. This can be done by filing a petition with the authority that issued the decision or by making a statement to the court clerk to be recorded in the minutes.
According to the articles regulating legal remedies in the Code of Criminal Procedure:
- Article 260: Legal remedies are available to the public prosecutor, the suspect, the accused, those granted the status of a complainant under this law, and those whose request to participate in the trial was either not decided upon, rejected, or who suffered harm from the offense in a manner that would allow them to gain the status of a complainant.
- Article 261: Attorneys may pursue legal remedies on behalf of their clients, provided it does not conflict with their explicit wishes.
- Article 262: The legal representative or spouse of the suspect or accused may independently seek legal remedies available to the suspect or accused within the prescribed time limit. The provisions regarding the suspect’s or accused’s application also apply to applications made by these individuals and the subsequent proceedings.
- Article 263:
- A detained suspect or accused can appeal through a statement made to the court clerk or the director of the penal institution or detention facility where they are held, or by submitting a petition.
- If the judge or court whose decision is being appealed finds the objection valid, it corrects the decision. If not, the objection is forwarded within three days to the competent authority authorized to review the appeal
PRETRIAL DETENTION PERIOD IN TURKISH LAW
The detention periods are explicitly specified in Article 102 of the Code of Criminal Procedure.
(2) In cases falling under the jurisdiction of the High Criminal Court, the maximum detention period is two years. This period may be extended in urgent cases with justification; the total extension period cannot exceed three years. However, for crimes defined in the second part, fourth section, fifth section, sixth section, and seventh section of the Turkish Penal Code No. 5237, and for crimes under the scope of the Law on Combating Terrorism No. 3713 dated April 12, 1991, the total detention period cannot exceed five years.
(3) The extension decisions provided in this article are made after consulting with the public prosecutor, the suspect or accused, and their defense attorney.
JURISDICTION AND AUTHORITY IN CRIMINAL PROCEEDINGS IN TURKISH LAW
As a general rule, the court with jurisdiction over criminal cases is the one located in the place where the crime was committed. Additionally, according to the Code of Criminal Procedure:
Article 12/2: The court with jurisdiction is the one located at the place where the last act of the attempt was performed, where the interruption occurred in continuous offenses, and where the last offense was committed in a chain offense.
Article 12/3: If the crime was committed through a printed work published in the country, the court with jurisdiction is located in the place of the publication center of the work. However, if the same work is printed in multiple locations and the crime occurred in a printing outside of the publication center, the court in the place where the work was printed may also have jurisdiction.
Article 12/4: In defamation crimes that are subject to investigation and prosecution based on a complaint, if the work was distributed at the victim’s place of residence or settlement, the court in that location has jurisdiction. If the victim is detained or convicted outside the place where the crime occurred, the court in the place of detention or conviction also has jurisdiction.
ANTALYA CRIMINAL DEFENSE LAWYER – SERIOUS CRIMINAL CASES
Choosing the right lawyer is crucial in serious criminal proceedings. These cases can lead to severe consequences in terms of crimes and penalties. Finding a reliable lawyer who is specialized in this field and works meticulously is not easy.
At our law office in Antalya, we are always at the service of our clients with a team of skilled lawyers who are specialized in this area, with years of experience and expertise. You can contact us through the communication section on our website to get information or receive our services
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