Criminal Lawyer

A criminal investigation often begins unexpectedly, with a summons to give a statement, a detention or an official notification, and the steps taken in the first hours can determine how the case develops. As a criminal lawyer in Mersin, I provide legal support as defence counsel (müdafi) to suspects and defendants who are under investigation or prosecution, and as legal representative to complainants (müşteki) and victims who have suffered harm from an offence. At each stage, such as statements and questioning, custody and pre-trial detention, complaints, mediation, the collection of evidence and appeals, the law grants specific rights and time limits; using these rights in time prevents losses that are difficult to remedy later.

What Does a Criminal Lawyer Help With?

• Acting as defence counsel when statements are taken by the police and the prosecutor’s office, and during questioning before a judge or court
• Applications against custody, pre-trial detention and judicial control (adli kontrol) decisions
• Defending defendants before criminal courts of first instance (asliye ceza mahkemesi) and high criminal courts (ağır ceza mahkemesi)
• Preparing criminal complaints on behalf of those harmed by an offence and following up the investigation
• Objections to decisions of non-prosecution (kovuşturmaya yer olmadığına dair karar)
• Joining the public prosecution as an intervening party and representing complainants
• Representing a party in mediation (uzlaşma) negotiations
• Objections, appeals (istinaf) and appeals on points of law (temyiz)

The Investigation and Prosecution Stages

Criminal proceedings consist of two main stages. The investigation stage (soruşturma) begins when the competent authorities learn of a suspicion that an offence has been committed and lasts until the indictment is accepted by the court; at this stage, the person concerned is referred to as a “suspect”. If the evidence collected gives rise to sufficient suspicion, an indictment is drawn up; if not, a decision of non-prosecution is issued.

The prosecution stage (kovuşturma) begins with the acceptance of the indictment and continues until the judgment becomes final; at this stage, the person becomes a “defendant”. At the hearings, the defendant is questioned, witnesses are heard, the evidence is discussed and the defendant is given the last word before judgment. Statements given and evidence collected during the investigation remain important during the prosecution; for this reason, preparation of the defence begins with the very first statement.

Statements, Questioning and the Right to Remain Silent

When a suspect is heard by a law enforcement officer or a public prosecutor (Cumhuriyet savcısı), this is called taking a statement (ifade alma); when the suspect is heard by a judge or a court, it is called questioning (sorgu). Before the statement or questioning, the person is told of the offence they are accused of, and informed that they have the right to choose defence counsel and the legal right not to make any statement about the accusation.

A statement must be based on free will. Statements obtained through prohibited methods such as ill-treatment, torture, forced administration of medication, exhaustion, deception, physical force or threats cannot be used as evidence, even with consent. A statement taken by the police without defence counsel present also cannot form the basis of a judgment unless it is confirmed before a judge or court.

The Suspect’s Right to Defence Counsel

A suspect or defendant may benefit from the assistance of one or more defence counsel at every stage of the investigation and prosecution; during the investigation stage, the number of lawyers who may be present while a statement is taken is limited to three. A lawyer’s right to meet the suspect or defendant, to be present during the statement or questioning and to provide legal assistance cannot be prevented or restricted.

If a suspect without defence counsel so requests, defence counsel is appointed by the bar association. If the suspect or defendant is a child, is disabled to the extent of being unable to conduct their own defence, or is deaf or mute, defence counsel is appointed without any request being required; the same rule applies to investigations and prosecutions for offences carrying a minimum sentence of more than five years’ imprisonment. Defence counsel may examine the case file during the investigation stage; even if this power is restricted by a judge’s decision, records containing the suspect’s statement and reports of court-appointed experts (bilirkişi) are not covered by the restriction.

Custody and Pre-Trial Detention

A person who has been apprehended may be taken into custody (gözaltı) on the order of the public prosecutor. The custody period may not exceed twenty-four hours from the moment of apprehension, excluding the time necessary to send the person to the nearest judge or court to the place of apprehension. For offences committed collectively, the public prosecutor may order in writing that the custody period be extended for three days, each extension not exceeding one day. The apprehended person, their spouse or relatives may apply to the criminal judge of peace (sulh ceza hâkimi) against the apprehension, the custody or the extension of the custody period and ask for release. A relative of the person apprehended or whose custody has been extended, or a person they designate, is informed without delay.

At the end of the custody period, the person is either released or referred to the criminal judgeship of peace (sulh ceza hâkimliği) with a request for pre-trial detention (tutuklama) or judicial control. For a detention order to be issued, there must be both facts indicating strong suspicion of an offence and a ground for detention, such as a suspicion of flight, hiding or tampering with evidence. A detention order cannot be issued if it is disproportionate to the importance of the case and the expected penalty or security measure. Instead of detention, judicial control measures such as a ban on leaving the country, an obligation to report regularly to a designated place or an obligation not to leave one’s residence may be applied.

Collection and Lawfulness of Evidence

The public prosecutor is obliged to collect not only the evidence against the suspect but also the evidence in the suspect’s favour. Witness statements, camera footage, phone and messaging records, court-appointed expert reports and forensic medicine reports are evidence frequently relied on in criminal cases. Evidence obtained in breach of the law cannot form the basis of a judgment; for this reason, whether measures such as search and seizure were carried out in accordance with the procedure is also examined separately.

The suspect and defence counsel can ask the prosecutor’s office to collect evidence in the suspect’s favour, and the complainant can ask for the collection of evidence supporting their allegation. For records that are deleted after a certain period, such as camera footage, it is important to make the request early.

Representing Complainants and Victims

In criminal proceedings, not only the accused person but also the person harmed by the offence has rights. The victim can have an investigation started by filing a criminal complaint, ask for evidence to be collected and, after the indictment has been accepted, join the public prosecution as an intervening party (katılan) and take part in the hearings. A request to intervene can be made until judgment is given by the court of first instance. A decision of non-prosecution by the prosecutor’s office can be challenged before the criminal judgeship of peace within fifteen days of service of the decision.

The investigation of some offences depends on a complaint. Examples include insult, except where it is committed against a public official because of their duties, violation of the privacy of private life, and the basic form of criminal damage. For offences subject to complaint, if the person entitled to complain does not file a complaint within six months from the day they learned of the act and the perpetrator, no investigation or prosecution can be carried out. This rule is set out in Article 73 of the Turkish Criminal Code (TCK); whether an offence is subject to complaint is stated in the articles concerning that offence. You can find the current text of the articles on the full text of the Turkish Criminal Code (in Turkish) page. A complaint can be withdrawn until the judgment becomes final; however, withdrawal does not affect a defendant who does not accept it.

Mediation

Mediation (uzlaşma) is a route by which criminal proceedings can come to an end if the suspect or defendant and the victim reach an agreement through a mediator (uzlaştırmacı). It applies to offences whose investigation depends on a complaint and to certain other offences specifically listed in the law; mediation is not available for offences against sexual integrity. Mediation is conducted by the chief public prosecutor’s office during the investigation stage and by the court during the prosecution stage. If the parties reach an agreement and the agreed performance is fulfilled, a decision of non-prosecution is issued at the investigation stage, and a decision to discontinue the case (düşme kararı) at the prosecution stage.

Legal Remedies: Objection, Appeal and Appeal on Points of Law

An appeal (istinaf) can be lodged against the judgment of the court of first instance; the appeal is examined by the criminal chambers of the regional court of appeal (bölge adliye mahkemesi). An appeal on points of law (temyiz) to the Court of Cassation (Yargıtay) is available against those decisions of the regional court of appeal that are specified in the law. Decisions stated by law to be final cannot be appealed, and some appeal decisions cannot be taken to the Court of Cassation. An objection (itiraz) is the remedy against decisions such as detention and judicial control decisions and decisions to defer the announcement of the verdict (hükmün açıklanmasının geri bırakılması).

The time limits for legal remedies are short and start to run from the announcement or service of the decision; once the time limit has passed, the decision becomes final.

Criminal Cases by Type of Offence

High criminal court cases are trials concerning offences that carry aggravated life imprisonment, life imprisonment or imprisonment of more than ten years, and offences for which the law specifically gives jurisdiction to the high criminal court. In fraud offences, the distinction between the existence of deceptive conduct and a purely civil dispute is decisive. In drug offences investigations, the procedural lawfulness of search and seizure, the technical reports on the seized substance and the distinction between use and dealing come to the fore.

Insult and threat offences are today mostly committed through messaging applications and social media; screenshots and account information are assessed separately in terms of their evidential value. Cases concerning the privacy of private life involve recording images or sound without permission and spreading them. In the offence of criminal damage, establishing the damage and the time limit for filing a complaint are important; the aggravated forms of the offence do not depend on a complaint.

Criminal Cases in Mersin

Investigations into offences allegedly committed in the central districts of Mersin are conducted by the Mersin Chief Public Prosecutor’s Office (Cumhuriyet Başsavcılığı); requests for pre-trial detention and judicial control after custody are decided by the criminal judgeships of peace. Once an indictment is drawn up, the case is heard, depending on the nature of the offence, by the criminal courts of first instance or the high criminal courts in Mersin. In districts such as Tarsus, Erdemli, Silifke, Mut and Anamur, the courthouse of the place where the offence was committed has jurisdiction as a rule; if there is no high criminal court in the district, the high criminal court case is heard by the high criminal court to which that district is attached.

Because custody periods are measured in hours, being able to reach and speak with the person in custody before their statement is taken is important for preparing the defence. Complainants living in another city can have an investigation conducted in Mersin followed from where they are by granting a power of attorney (vekâletname). To get an assessment of your criminal case, you can reach me through the contact page.

Frequently Asked Questions