What does a criminal defense attorney do in Turkey?
Defense lawyer is the lawyer who undertakes the defense of the person accused of committing a crime during the criminal procedure.
In Turkey, the lawyer is called “Avukat”, while the criminal defense attorney is called “Müdafi”. Its mean “Defender“. While the lawyer of the suspect or the accused is the “defender”, the lawyer of the complainant, the victim, and the participant is referred to as the “attorney”.
Criminal defense attorney defends the persons who are being investigated for allegedly committing a crime in Turkey, from the first statement to the court, throughout the entire process. The criminal defense lawyer has broad powers.
Criminal Defense Attorney
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.
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.
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.
I. 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.
II. 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.
Activities and Powers of Criminal Defence Attorney in Turkey;
- Criminal lawyer may request the rejection of the judge or the court committee.
- The defender represents the defense authority.
- Before the decision is made in the hearings, the defense counsel is given the right to speak.
- Criminal defense lawyer may request the appointment of an expert. He can demand the dismissal of the expert.
- The defender can directly question the witnesses, the victim and the complainant.
- Presents objections to the evidence. He can ensure that new evidence is collected or presented to the court.
- Crimianal attorney may object to all protection measures such as capture, detention, detention, arrest. It can lead to the removal of these measures.
- Criminal defense attorney can be present during operations such as exploration, location, autopsy.
- Submits the requests and objections required for the release of the detained suspect to the relevant prosecutor’s office or the judge. The defender can appeal against these decisions.
- The defender can make a defense in interim hearings related to detention.
- Criminal defense lawyer can be present in search or seizure operations. You can object to these actions.
- The defender participates in all proceedings involving the suspect or the accused.
- Supervises the legality of transactions by being present in procedures such as taking statements, health checks, and diagnosis.
- The defender has the right to meet the suspect or the accused at every stage of the investigation and prosecution phases, to take statements or to be with him/her during the interrogation and to provide legal assistance.
- This right cannot be blocked or restricted.
- Criminal defense attorney can examine the contents of the file during the investigation phase and, if there is a power of attorney, can take samples of the documents he wants.
- The defender and the suspect or the accused can meet in an environment where no one can listen and others cannot hear what is being said. Correspondence between the lawyer and his client cannot be audited.
- The defender attends and defends all court hearings.
The defender takes the floor against what the prosecutor, that is, the claimant, has said. - The defender participates in reconciliation negotiations.
- Criminal defence lawyer applies to legal remedies such as appeal, objection, appeal against the final decision.
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;
a) Judicial fine
b) To completely redress the damage suffered by the victim or the public, by restitution, restitution or compensation,
c) To attend an educational institution, which also provides shelter, if necessary, for at least two years in order to acquire a profession or art,
d) 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.
e) 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,
f) 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.
BAL Law Firm's Legal Service for Criminal Defense Attorney
BAL Law Firm’s criminal lawyers is in the service of criminal defense attorney; Before the client’s statements before the police, prosecutor’s office and judge, we get information about the allegations and evidence. We discuss this matter with the client and determine a defense strategy. It is very important that we are present at this stage as a lawyer. This will be perhaps the most important part of the entire judging process.
If our client is referred to the judgeship with a request for arrest, we will defend at the hearing.
If our client is under arrest, we go to see him in prison and stay in touch with his family and relatives to meet his needs
We visit our client before the hearings, inform him about what will happen at the hearing and put him to work for his defense.
If our client is on trial, we represent our client as a defense attorney at all these stages. We evaluate all claims and evidences that may be against our client, and we make counter-evidence and defenses against our client’s acquittal.
We represent our client in the entire prosecution investigation, prosecution – court trial phase and appeal process. We make all objections and applications that need to be made.
As in all judicial systems, there are deadlines in the Turkish criminal justice system. The deadlines are foreclosure and there are sanctions for non-compliance with the deadlines. For example, in a trial in which the accused is sentenced to imprisonment, if no appeal is made within 7 days, the decision will become final and the execution of the sentence will begin.
The role of the defense lawyer is to defend with the right strategy on the merits, and it is extremely important in terms of procedural terms to make the right applications at the right time.
Do you need Criminal Defense Attorney in Istanbul & Turkey?
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.
Our lawyers have a great deal of experience in criminal law and criminal cases.
Get detailed information about Criminal Seizure in Turkey and Criminal Arrest in Turkey.