Criminal Defense Attorney in Turkey

Criminal Defense Attorney in Turkey

Discover the BAL Law Firm’s criminal defense attorney in Turkey services.

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Criminal Defense Attorney in Turkey

Criminal defense attorney play a critical role in ensuring justice in today’s legal system, as they have throughout history. They undertake vital duties such as protecting the rights of defendants or victims in criminal cases, ensuring a fair trial process, and ensuring the rule of law.

criminal defense attorney in turkey

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Who is a Criminal Lawyer?

Although there is no clear definition of a criminal lawyer in the legislation, lawyers who specialize in criminal law are known among the public as “criminal lawyers” or “serious criminal lawyers”.

When a lawyer represents a defendant or suspect, he/she gains the title of “defender”.

Defenders are professionals who defend the rights of their clients and represent them in legal processes. Criminal law is a branch of law in which certain acts are defined as crimes and sanctions are determined against these acts in order to protect the order of society. Criminal lawyers work to ensure that individuals are tried fairly within this system.

Suspect refers to the person suspected of a crime during the investigation phase. Defendant refers to the person suspected of a crime from the beginning of the prosecution until the verdict is final.

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What Does a Criminal Defense Attorney Do?

The duties of criminal lawyers are quite diverse and can be listed as follows:

1. Defense Preparation and Strategy Development

Criminal defense attorney meticulously examine the events, evidence and witnesses in order to create a strong defense strategy in favor of their clients. Collecting evidence, conducting legal research and developing legal arguments are the basic elements of this process.

2. Representation in Prosecution and Court Processes

They represent their clients in court and defend their rights. Refuting the evidence put forward by the prosecution, questioning witnesses and presenting evidence in favor of the client are the basic activities carried out in this process.

However, they object not only in court processes but also to administrative fines and administrative supervision decisions. They represent their clients in the processes at the law enforcement stage, and during the prosecution phase, they ccompany their clients during the statement at the Prosecutor’s Office and provide them with the necessary legal support.

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Responsibilities of the Criminal Defense Attorney

1. Ensuring a Fair Trial

Ensuring that their clients are subject to a fair trial process is one of the fundamental principles of the legal system. This is one of the most important responsibilities of a criminal lawyer in legal processes.

2. Protection of Rights

It is the fundamental responsibility of criminal lawyers to defend and protect the constitutional and legal rights of their clients. These rights include important principles such as the right to a fair trial, the right to defense, and the presumption of innocence. A criminal lawyer will meticulously protect these rights. Therefore, a good criminal lawyer is also a good human rights lawyer.

3. Ensuring Confidentiality

Protecting the confidentiality of all information regarding their clients is one of the fundamental principles of the lawyer-client relationship. This is necessary to gain the trust of the client and to provide an effective defense in the legal process.

4. Professional Ethics and Compliance with Legal Norms

Lawyers must act in accordance with professional ethics and act within the legal framework. This increases trust in both their clients and the legal system.

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BAL Law Firm Criminal Lawyer Services

With our BAL Law Firm criminal law lawyer service, we effectively follow all processes:

Participating in suspect/defendant statements

Preparing defense and collecting and presenting evidence

Participating in interrogation hearings

Evaluation of indictment and opinion

Active representation and defense in Criminal Court of First Instance and High Criminal Court trials

Following up the defense and objection process for criminal files subject to simple trial procedure

Legal support and representation regarding the process subject to serial trial procedure

Objection to decisions due to protective measures

Following up objection processes against decisions regarding arrest and continuation of detention

Effective use and follow-up of appeal and appeal legal remedies

Following up reversal processes in the interest of law

Constitutional Court and ECHR application processes and follow-up

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When do I need a criminal defense attorney in Turkey?

Your need for a criminal defense attorney begins the moment you are accused.

Many times people do not realize when they need a criminal defense lawyer. Your need for a criminal defense attorney starts with your accusation. In Turkey, this stage is usually the stage where you are invited to the police station to take your statement and you are caught or detained.

According to the law in Turkey, you have to be asked by the police, prosecutor or judge whether you want a criminal attorney. At each of these stages, you need to request a lawyer. Because often the most important stage of defense is the first statements.

The criminal defense attorney will set up the defense strategy from the first statement to the sentencing stage in order to achieve a fair trial and the right result.

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Do I need a criminal defense lawyer in Turkey?

— Yes. The fact that you are viewing our criminal defense attorney page on our website indicates that the answer to this question is definitely yes. It is almost impossible to defend yourself in criminal investigations and criminal cases in Turkey without your lawyer.

Proceedings in Turkey are held in the Turkish language. You have the right to defend in your own language. When you have a request in this direction, an interpreter will be assigned for you. However, the police, prosecutor or judge in front of you will not be dealing with you directly, but with the interpreter. You can see that the hearing is over after 2-3 sentences without even knowing what the translator is conveying. You may find yourself in prison before you even realize what’s going on. What is written is not intended to scare you or to joke. This is exactly how hundreds of our foreign clients live in criminal proceedings in Turkey.

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How does the criminal trial process work in Turkey?

The criminal procedure in Turkey is similar to the German Criminal Procedure. There is no jury system in criminal proceedings in Turkey. The judge applies the law ex officio. He gives judgment freely.

The criminal trial process in Turkey has two stages. The first of these is the criminal investigation and the second is the prosecution, that is, the (court) stage.

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Criminal Investigation

The criminal investigation phase is the phase of investigating and collecting evidence against one or more people with the suspicion of committing a crime. This stage is carried out by the prosecutor. At this stage, the prosecution may call the suspect or suspects to testify. The prosecutor collects the evidence that may be in favor and against the suspect. There is no time limit for the prosecution phase. It is possible for people who are strongly suspected of committing a crime and who are likely to escape, put pressure on witnesses, destroy evidence or hide them, to be arrested at the prosecution stage. Judicial control provisions may also be applied to these persons instead of arresting them.

The prosecutor’s office will make a decision after collecting all the evidence during the investigation phase. Either prosecutor will file an indictment or he will not make an accusation against the suspect and will give a decision of non-prosecution. The first possibility will take us to the second stage, the prosecution stage.

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The Prosecution ( The Court-Trial Stage )

The prosecution phase will begin with the acceptance of the indictment filed by the prosecutor by the criminal court. After this stage, the investigation prosecutor will no longer have the authority. Authority now passes to the criminal court. If the court does not decide on lack of jurisdiction, the evidence that should be collected by the court is collected during the prosecution phase. These evidences may be the evidence that the court investigates on its own, or it may be the evidence that the defense wants to be collected. The court determines the date of the hearing, together with the collection of these evidences, and informs the indictment and the date of the hearing to the accused and, if any, to his lawyer.

As a rule, the accused is heard at the first hearing. After hearing the defendant; victims, complainants and witnesses, if any, are heard. Evidence is collected and the defendant is asked to defend against the collected evidence. The prosecutor present at the hearing gives his opinion. After this opinion, the defendant and the defendant’s lawyer make their defense. Finally, explain the court decision. If the court’s decision is for the acquittal of the defendant, the participant or the prosecutor who follows the case has the right to appeal the decision. On the contrary, if it is decided to punish the accused; The defendant and his criminal defense attorney can appeal the decision.

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What are the possible penalties as a result of criminal proceedings in Turkey?​

There is no death penalty in Turkey. Apart from this, there is no punishment in the form of physical violence. The penalty for committing a crime in Turkey is imprisonment or a fine.

Prison Sentences in Turkey :

  • Aggravated life imprisonment.
  • Life imprisonment.
  • Timed imprisonment.

Aggravated life imprisonment continues throughout the life of the convict, and is served in accordance with the strict security regime specified in the law and the regulation issued by the President.

Life imprisonment continues throughout the life of the convict.

The term of imprisonment cannot be less than one month or more than twenty years, unless otherwise stated in the law. A sentence of imprisonment for one year or less is a short-term prison sentence.

Sanctions can also be applied as an alternative to short-term prison sentences. A short-term prison sentence can be converted into;
  • Judicial fine
  • To completely redress the damage suffered by the victim or the public, by restitution, restitution or compensation,
  • To attend an educational institution, which also provides shelter, if necessary, for at least two years in order to acquire a profession or art,
  • Being banned from going to certain places or doing certain activities for a period of half to one-fold of the sentenced sentence, It can be converted to take back the relevant license and license documents, to be prohibited from doing a certain profession and art, for a period from half to one fold of the sentenced sentence,depending on the personality of the offender, his social and economic situation, his remorse during the trial, and the characteristics of committing the crime.
  • To be prohibited from going to certain places or doing certain activities for a period of at least two years, with the aim of acquiring a profession or art, with the possibility of accommodation,
  • The right to be provided. and in the event that a crime has been committed by misuse of powers or by acting against the obligation of care and attention can be converted to take back the relevant license and license documents, to be prohibited from doing a certain profession and art, for a period from half to one fold of the sentenced sentence.

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Our Criminal Law Publications

Discover BAL Law Firm’s criminal law publications

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    Contact Us Now

    Contac us now for detailed information about criminal defense attorney services.

    Contact

    Call us : +90 212 909 86 34

    Send mail : info@ballawfirm.com

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