Criminal Law

Investigation stage

Criminal proceedings open with an investigation launched by the public prosecutor's office upon learning of a suspicion of an offence. The evidence gathered, the statements taken and the protective measures ordered at this stage largely shape the remainder of the file.

The suspect's right to the assistance of defence counsel exists at every stage of the investigation and prosecution. No statement may be taken until a request to have a lawyer present has been granted. The most common mistake in practice is giving a statement without a lawyer on the assumption that "there is nothing to tell anyway"; a sentence recorded in the statement transcript remains in the file at every subsequent stage.

At the end of the investigation the prosecutor's office issues one of two decisions: a decision of non-prosecution (takipsizlik) or an indictment. The person harmed by the offence may object to a decision of non-prosecution before the criminal judgeship of peace (sulh ceza hakimliği).

Protective measures

Police custody, pre-trial detention, judicial control, search, seizure and arrest are measures that directly affect personal liberty, and each is subject to its own objection procedure. An objection to a detention order is submitted, under Article 268 of the Code of Criminal Procedure (CMK), to the authority that issued the order; the review is carried out by the objection authority designated in the law. Decisions on the continuation of detention are also reviewed at regular intervals, and release may be requested at each review.

Prosecution stage

The case is opened with the acceptance of the indictment and the file passes to the court. At this stage the defence proceeds through the discussion of evidence, the hearing of witnesses, objections to court-appointed expert reports and the correctness of the legal characterisation. Correctly determining the nature of the offence (for example, whether an act counts as fraud or as breach of trust) is often more decisive than the sentence itself.

The judgment is challenged by way of appeal on facts and law (istinaf) and, where the conditions are met, cassation appeal (temyiz). Time limits are short and run from service of the reasoned judgment.

The party harmed by the offence

In a criminal file, not only the accused but also the victim has the right to be represented by counsel. A party joining the case as an intervening party (katılan) may submit evidence, have witnesses heard, object to the court-appointed expert report and pursue legal remedies against the judgment. Particularly in offences against property and in forgery files arising from real estate, the findings in the criminal file also become decisive in the parallel civil action.

This page is for general information purposes; each file is assessed on its own evidence.