Criminal Law

I. What is Criminal Law?

Criminal law, which also known as penal law, is the branch of law that regulates illegal acts that constitute a crime and the sanctions related to these acts. It is concerned with whether there is a criminal injustice and, therefore, whether the necessary conditions exist for a criminal law sanction to be applied for this injustice committed against a person.

II. What is the Purpose of Criminal Law?

The purpose of all legal rules and penal law is to maintain social order. Penal law aims to protect social order with norms containing orders or prohibitions and sanctions to be applied in case of violation of these norms. The main function of it is to define the violation of values that are vital for social life as a crime and to determine the sanctions to be applied in return for them.

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III. What is Turkish Criminal Law?

Turkey is a state of law. Penalties are also regulated by law. Turkish Penal Code regulates crimes and punishments in Turkey. Criminal law, which includes the regulations necessary for the punishment of an act, is divided into two as general provisions and special provisions. The general provisions of the penal code are the provisions that find application in terms of all crimes such as fault, attempt, participation. Special provisions of the penal code, on the other hand, include regulated general crimes and special penal laws.

The Code of Criminal Procedure regulates a number of activities carried out to determine the crime and the criminal. It regulates the rules on how the criminal procedure will be conducted and the rights, powers and obligations of the persons participating in this process. Criminal defense attorney defend their clients in this process. Criminal law attorney enter criminal cases, act as attorneys for complainants or victims, follow criminal law procedures and perform defense duties.

BAL Law Firm provides criminal law services in İstanbul, Turkey : Criminal Defense Attorney . Our criminal law solicitors, who are experts in their fields, assist you in the investigation and prosecution phase.

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Memduh Remzi BAL

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Ahmet Çakır

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Asiye Solmaz

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IV. What is Crime?

In terms of criminal law, a crime is an injustice for which a criminal law sanction is envisaged. Whether a criminal injustice has occurred or not can be determined by evaluating the elements of the law norm in which each injustice is defined in each concrete case.

The crimes are counted in the Turkish Penal Code. The basic elements that make up the crime consist of the material element, the moral element and the element of illegality. These are mandatory elements that must be present in every crime.

The material elements of the crime are the objective elements that shape the injustice. These elements are: the act, the result, the causal link between the act and the result, the perpetrator, the victim, the subject of the crime.

As an element of crime, illegality means that the act committed is in conflict and conflict with the legal order. If the act committed is in conflict with the legal order, the illegality element is completed.

V. Types of Intent in Criminal Law

Another element of crime is the moral element. It is knowingly and willfully done by a person who has the ability to impute the current unlawful act. The moral element of the crime may be intent or negligence. Caste is the knowing and willful realization of the elements in the legal definition of the crime. Caste is divided into direct and probable caste. In direct intent, the perpetrator has full knowledge of the material elements of the crime. In probable caste, the perpetrator accepts this situation and carries out the action, although he foresees that other consequences may occur besides his main goal. Negligence is the fact that the perpetrator voluntarily caused the illegal act that complies with the definition of crime, but did not foresee the result or did not want it even if he predicted it.

VI. Civil and Criminal Law Difference

Law is divided into public and private law. Public law is the field of law that regulates the relations between the governed and the governed (state). Private law is the field of law that regulates relations between members of society with equal rights.

Criminal law, is included in public law. Because in criminal law, the power to impose punishment belongs only to the state. Civil law, on the other hand, is included in private law as it regulates interpersonal relations.

In civil law, a case commences when a complaint is filed by a party, which may be an individual, an organization, a company or a corporation, against another party. The party complaining is called the plaintiff and the party responding is called the defendant and the process is called litigation. In contrast, in criminal law, the case is filed by the government, referred to as prosecutor, against a defendant. An individual can never file criminal charges against another person: an individual may report a crime, but only the government can file criminal charges in court.

VII. Do you need Criminal Defense Attorney

As BAL Law Firm, we have a specific legal service for the criminal law field: Criminal Defense Attorney.

If you are accused of a crime in an investigation file or criminal case in Turkey, be sure to review our legal services.

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BAL Law Firm; It is a law firm that provides legal services in a wide range of subjects to its clients. Effective service is provided to individuals, institutions and companies in all geographical regions of Turkey, especially in Istanbul.