WHO IS A CRIMINAL LAWYER?

A criminal lawyer is a legal consultant and legal representative who has specialized in the field of criminal law and is knowledgeable about the Turkish Penal Code and criminal procedure. The criminal lawyer acts as a representative for the victim in court regarding crimes defined under criminal law and defends the perpetrator as a defense attorney, striving to secure decisions in favor of their client and ensure a fair trial.

WHAT CRIMES FALL UNDER CRIMINAL LAW?

Crimes listed in the Turkish Penal Code are divided into two categories: crimes subject to complaint and crimes pursued ex officio.

Crimes subject to complaint include:

Simple intentional injury (TCK Art. 86/2)
Injury through conscious negligence (TCK Art. 89/1)
Sexual assault (TCK Art. 102/1) and (TCK Art. 102/2-2nd sentence)
Sexual intercourse with a minor (TCK Art. 104/1)
Sexual harassment (TCK Art. 105/1)
Threat (TCK Art. 106/1-2nd sentence)
Violation of residential inviolability (TCK Art. 116/1, 2)
Violation of the freedom to work and engage in a profession (TCK Art. 117/1)
Disturbance of public peace and quiet (TCK Art. 123/1)
Stalking (TCK Art. 123)
Defamation (TCK Art. 125/1-2-3) (Defamation against public officials due to their duty or against the president is not subject to complaint.)
Insult to a person’s memory (TCK Art. 130)
Violation of the confidentiality of communication (TCK Art. 132)
Eavesdropping on and recording conversations between individuals (TCK Art. 133)
Violation of privacy (TCK Art. 134)
Theft (TCK Art. 141), qualified theft (TCK Art. 142/1-2-3), lesser theft (TCK Art. 144)
Theft for use (TCK Art. 146)
Damage to property (TCK Art. 151)
Damage to places of worship and graves (TCK Art. 153/1)
Trespassing (TCK Art. 151)
Abuse of trust (TCK Art. 155/1)
Use of a document without consideration (TCK Art. 156)
Fraud (TCK Art. 157/1) and qualified fraud (TCK Art. 158/1-2)
Lesser form of fraud (TCK Art. 159)
Disposing of lost or mistakenly obtained property (TCK Art. 160)
Fraudulent bankruptcy (TCK Art. 161/1), negligent bankruptcy (TCK Art. 162/1)
Unjust enrichment (TCK Art. 163/1-2)
Purchasing or accepting stolen goods (TCK Art. 165/1)
Abuse of a signature (TCK Art. 209/1)
Violation of obligations arising from family law (TCK Art. 233/1)
Abduction and illegal detention of a child (TCK Art. 234/3)
Disclosure of information and documents classified as trade secrets, banking secrets, or customer secrets (TCK Art. 239/1-2-3) (excluding the fourth paragraph)

Turkish Penal Code Article 73: If the authorized person does not file a complaint within six months regarding crimes subject to investigation or prosecution, no investigation or prosecution can be initiated.

WHAT CASES DOES A CRIMINAL LAWYER HANDLE?

Crimes against humanity and genocide
Human trafficking and smuggling
Crimes against life
Crimes against bodily integrity
Torture and maltreatment
Violation of protection, supervision, assistance, or reporting obligations
Abortion, miscarriage, or sterilization
Crimes against sexual integrity
Crimes against freedom
Crimes against honor
Crimes against private life and the secret area of life
Crimes against property
Crimes that pose a general danger
Crimes against the environment
Crimes against public health
Crimes against public safety
Crimes against public peace
Crimes against transportation vehicles or fixed platforms
Crimes against public morals
Crimes against family order
Crimes related to the economy, industry, and commerce
Crimes in the field of information technology
Crimes against the nation and state
Crimes against the judiciary
Crimes against the symbols of the state’s sovereignty and the dignity of its organs
Crimes against state security
Crimes against the constitutional order and its functioning
Crimes against national defense
Crimes against state secrets and espionage
Crimes against relations with foreign states

THE IMPORTANCE OF A LAWYER IN CRIMINAL CASES

Criminal proceedings and cases require the support of a specialized lawyer due to the potentially freedom-restricting penalties and the complexity of criminal law.

Except in some exceptional circumstances, individuals are not required to hire a lawyer in criminal cases. However, if there is evidence indicating the individual’s guilt, they may not be able to adequately defend themselves without legal support, even if they are innocent, and they may fail to present evidence in their favor, resulting in a loss of freedom.

Therefore, legal support must be sought to prevent individuals from suffering a loss of rights and to ensure a fair trial that uncovers the material truth.

CIRCUMSTANCES WHERE HIRING A LAWYER IS MANDATORY IN CRIMINAL CASES

In certain circumstances, it is mandatory for
suspects and defendants to have a lawyer in criminal cases. The circumstances
where a lawyer must be present are regulated in Article 150 of the Code of
Criminal Procedure. According to this provision:

The suspect or defendant is a child,
The suspect or defendant is unable to defend themselves,
The suspect or defendant is deaf or mute,
The crime subject to the investigation and prosecution carries a minimum sentence of more than five years in prison.

Additionally, other circumstances where hiring a lawyer is mandatory and mentioned in the Code of Criminal Procedure include:

If the suspect or defendant is to be placed under observation due to suspicion of mental illness (CMK 74)
During the interrogation of the suspect after being detained by the peace criminal judge (CMK 91)
When detention is requested, the suspect or defendant will benefit from the assistance of a lawyer of their choice or one appointed by the bar (CMK 101/3)
When the extension of the detention period is requested (CMK 102)
If they are unable to hire a lawyer and request one (CMK 147-150)
If the defendant disrupts the order of the trial and is removed from the court (CMK 204)
If the fugitive defendant does not have a lawyer, the court requests the bar to appoint a lawyer (CMK 247)

Crimes requiring a minimum sentence of more than five years in prison under Article 150 of the CMK:

Robbery,
Homicide,
Human trafficking,
Drug trafficking,
Sexual exploitation of children,
Crimes against state security,
Crimes committed against national defense,
Crimes against the constitutional order,
Embezzlement,
Organized fraud,
Qualified theft.

WHAT ARE THE STAGES IN CRIMINAL CASES?

In criminal proceedings, the methods and norms to resolve disputes regarding whether a crime has been committed and the identity of the perpetrator(s) are regulated in criminal procedural law.

In criminal proceedings, the prosecutor collects all evidence and applies to the criminal court for the punishment of the person or persons committing the crime, initiating the investigation phase. At the end of the investigation phase regarding the crime or suspect, an indictment is prepared and submitted to the court, marking the beginning of the prosecution phase. The prosecution phase is conducted openly, verbally, and with hearings, concluding when the judgment becomes final. If the defendant or defendants are found guilty, their sentences are determined.

WHAT ARE OUR RIGHTS IN CRIMINAL CASES?

Right to defense,
Right to remain silent,
Right to be informed of the charges,
Right to benefit from a translator,
Right to call witnesses,
Right to request the collection of evidence,
Right to request legal assistance from the bar if financial means are insufficient,
Right to appeal the final decision,
In criminal cases, defendants must review their files and request a copy of their files from the court

It is extremely important for a lawyer to be involved in the case from the very beginning in criminal proceedings. The criminal lawyer, if the defendant or defendants are detained, will carry out the external proceedings on their behalf, gather evidence in their favor, and establish a defense strategy, significantly changing the course of the case.

For this reason, legal support should definitely be sought, especially in criminal cases.

ANTALYA CRIMINAL LAWYER – CRIMINAL LAW LAWYER

In Antalya, there are many lawyers registered
with the bar, each specializing in different areas. In the Turkish legal
system, there is no specialization as a criminal lawyer, heavy criminal lawyer,
or execution lawyer. While every lawyer can provide services in every field,
they develop themselves in certain areas and specialize in criminal or heavy
criminal cases through experience. Our law office has experienced and skilled
lawyers who have been providing services in criminal proceedings for a long time
and support citizens in their legal disputes. You can contact us through the
communication section on our website for any legal assistance.

Son Makaleler