In criminal proceedings deadlines are short and the stakes are high. Whether you are a suspect, a defendant or a victim, we stand by you at every stage and make sure your rights are fully exercised.
Scope
- Defence counsel during statements and interrogation
- Defence of the accused at trial
- Representation of victims and intervening parties
- Objections to detention and judicial control
- Appeals, cassation and individual applications to the Constitutional Court
The lawyer’s role in criminal proceedings
Turkish criminal proceedings have two stages: the investigation, in which the prosecutor examines a suspicion, and the prosecution, in which the court tries it. Defence counsel for a suspect or defendant, and counsel for a victim, make sure the person’s rights are exercised at every step of both stages.
Under Article 149 of the Code of Criminal Procedure, suspects and defendants may be assisted by one or more defence lawyers at every stage. As a rule, the right of a person in custody to meet their lawyer cannot be restricted.
The investigation stage
An investigation often begins with a summons to give a statement or with police custody. The statement given at this stage shapes the rest of the file, so the right to remain silent, the right to request evidence and the rules on custody periods matter from the first hours.
For offences committed by individuals, police custody may not exceed twenty-four hours from arrest; for collective offences the prosecutor may extend it in writing. Decisions on detention and judicial control can be challenged.
Trial and appeals
Once the indictment is accepted, the trial turns on how evidence is discussed, how witnesses are heard and how the defence is prepared. A judgment can be appealed to the regional court and then to the Court of Cassation, within the short deadlines set by law.
After ordinary remedies are exhausted, an individual application can be made to the Constitutional Court where a constitutional right appears to have been violated. The deadline is thirty days from learning of the final decision.
Frequently asked questions
I have been summoned to give a statement. Do I need a lawyer?
It is not compulsory, but the statement is one of the key documents of a criminal file. A defence lawyer may be present and help the suspect exercise their rights; this right can be used before and during the statement.
How long can police custody last?
For offences committed by individuals, custody lasts at most twenty-four hours from arrest, excluding the time needed to bring the person before the nearest judge. For collective offences the prosecutor may extend it, within limits, by written order.
What is the deadline to file a criminal complaint?
For offences prosecuted only upon complaint, Article 73 of the Turkish Penal Code requires the complaint to be filed within six months of learning of the act and the offender. After that, no investigation can be opened.
When can an application be made to the Constitutional Court?
After ordinary remedies have been exhausted, within thirty days of learning of the final decision. The application must claim the violation of a right protected both by the Constitution and by the European Convention on Human Rights.
Articles are for general information only; always consult a lawyer about your specific situation.