Criminal Law

In a criminal case the first days are often decisive. Statements, custody, a detention request and the collection of evidence happen quickly. Knowing and using your rights at every stage directly affects how the case develops.

The investigation stage

An investigation begins when the public prosecutor learns of a suspected offence. A suspect may be assisted by defence counsel at every stage of the investigation and trial, and the lawyer's right to be present and give legal assistance during questioning cannot be restricted (Code of Criminal Procedure (CMK) Art. 149). For offences with a minimum penalty of more than five years' imprisonment, defence counsel is appointed without a request (CMK Art. 150).

Detention and judicial control

Pre-trial detention requires concrete evidence of strong suspicion and a ground for detention, and it may not be ordered if it is disproportionate to the importance of the case and the expected penalty (CMK Art. 100). Instead of detention, the judge may impose judicial control measures such as a travel ban or a reporting obligation (CMK Art. 109).

Trial

The trial begins once the indictment is accepted. Evidence is examined, witnesses are heard and the defence is presented. Building the defence on the evidence, raising procedural violations in time and bringing favourable evidence into the file are the core of this stage.

Representing victims and intervening parties

A person harmed by an offence can file a complaint and join the public prosecution to follow their rights. For offences prosecuted only upon complaint, the complaint period is six months from the day the person learns of the act and the offender (Turkish Criminal Code (TCK) Art. 73). Missing this period prevents an investigation.

Appeals

Judgments of first-instance courts can be appealed to the regional court of appeal (istinaf), and decisions of the regional court can be taken to the Court of Cassation (temyiz) where the law allows. Appeal periods are short and run from the pronouncement or service of the decision; missing them makes the judgment final.

Foreign nationals in criminal proceedings

A suspect, defendant or victim who does not speak Turkish is given an interpreter during the investigation and trial (CMK Art. 202), at the State's expense (CMK Art. 324/5). For foreign nationals a criminal case can also affect residence permits and removal proceedings, so both areas should be assessed together.

Preparing for a consultation

Please bring any statement records, notifications, the indictment, detention or judicial control decisions, related correspondence and witnesses' contact details. The dates on these documents matter for calculating deadlines.